HomeMy WebLinkAboutR-2007-02 authorizing establishment of Lakes at Fairmont Greens/preparation of service and assessment plan
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Ja
Appropriation
Requested By:
Source of Funds:
Department:
Account Number:
Report:
Resolution: X Ordinance:
Amount Budgeted:
Exhibits: Resolution-Findings in Connection wi Lakes at
Fairmont Greens PID
Amount Requested:
Budgeted Item: YES NO
Exhibits: Resolution-Authorizing the Establishment of
Lakes at Fairmont Greens PID
Exhibits: Petition for the Creation of the Lakes @ Fairmont Green PID
Exhibits: Memorandum for Record wi Attachments
Exhibits: Fairmont (;reens Recreation Trail
SUMMARY & RECOMMENDATION
In October 2004 Mr. Fogarty (through David Hawes, TIRZ/Redevelopment Authority Consultant) requested consideration of a
PID (Public Improvement District) to assist him in recouping some expenses that the Authority's reimbursement will not cover.
In a December 13,2004 City Council Workshop, David Hawes discussed the petition for this creation,
PID's are allowable per the adopted TIRZ Guidelines and Tri-Party Agreement. In fact, a PID may be a successful way to also
address future maintenance issues for the detention basins, perimeter fencing, landscaping, etc, Staff has been in discussions
with Mr. Fogarty regarding these items. The collection of a PID assessment levied by the City would be easier and preferable
than relying on a Homeowners' Association to undertake this kind of maintenance activity.
The proposed PID assessment will have 2 components. One component is for capital costs reimbursement, which last for 15
years. The second component is for supplemental services (maintenance items listed above), is perpetual.
PID #1 was approved on June 12,2006, but as reported to Council in December there were mistakes that require correction.
This PID creation takes care of/over rides the earlier one by making the property contiguous and adding the Taylor Bayou area
between SH146 and McCabe Road, Pending Council approval, dedication documents will be executed accepting responsibility
for a portion of Taylor Bayou from HCFCD and allocating maintenance responsibilities to the Public Improvement District for
the Lakes at Fairmont Greens Subdivision,
A representative from Hawes, Hill, Calderon, LLP (consultant) will be available at the Public Hearing for additional
information or to answer any questions.
Action Required bv Council:
Consider approval ofResolution~W1.okaking findings in connection with the Proposed Public Improvement District Number
One and Resolution ~O l11'O~thorizing the establishment of Public Improvement District Number One in the City of La Porte.
?J~7
ate
City of La Porte Resolution No. _2007-02
A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF THE LAKES AT
FAIRMONT GREENS PUBLIC IMPROVEMENT DISTRICT IN THE CITY OF LA
PORTE, TEXAS; AUTHORIZING PUBLICATION OF THIS 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 City 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 January 22,2007, 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 Council' 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 Lakes at Fairmont Greens Public Improvement District 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. The Lakes at Fairmont Greens Public Improvement District (the
"District") is authorized to be and is hereby established as a public improvement district under
the 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.. . 2007 - 91
passed and approved on 1 /22/20 q]
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.
Section 4. The City Council hereby directs the La Porte Redevelopment Authority to
prepare a service and assessment plan for review and approval of the City Council in accordance
with Chapter 372 of the 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 its introduction and
shall take effect immediately upon its passage and approval.
Section 7. It is hereby found, determined and declared that a sufficient written notice
of the date, hour, place and subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required by law preceding this
meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code, and that
this meeting has been open to the public as required by law at all times during which this
Ordinance and the subject matter thereof has been discussed, considered and formally acted
upon. City Council further ratifies, approves and confirms such written notice and the contents
and posting thereof.
PASSED AND ADOPTED thi~~th day of Ja.n..
,2007.
~~~
Alton Porter, Mayor
Attest:
~/v dJr/J
City Secretary
Approved as to form:
~~~
City Attorney
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EXHIBIT A
EXHIBIT
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NORTH
STATE fJlGHWAY 146
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CITY OF LA PORTE
604 W. Fairmont Parkway, La Porte, TX 77571
www.ci.la-porte.tx.us
Phone: (281) 471-5020 I Fax (281) 470-5005
MEMORANDUM FOR RECORD
January 16, 2007
On November 6,2006, City Council received a workshop overview concerning a request from Mr. Joe Fogarty
to present a concept concerning planned amenities for the Lakes at Fairmont Greens residential development.
At issue was the Harris County Flood Control District's (HCFCD) portion of Taylor Bayou between Section 1
(platted) and Section 9 (not platted) of the development. The developer proposed consideration for the City of
La Porte to accept a segment of Taylor Bayou bounded by SH. 146 and McCabe Road from HCFCD into public
domain (See Exhibit, Fairmont Greens Recreational Trail). City Council directed Staff to pursue the
proposal to accept responsibility for the stated portion of Taylor Bayou.
As with the Port Crossing and Bayforest Retreat developments, HCFCD, during the review process of the
drainage outfall structures for the developments, requested additional easements for maintenance purposes.
Additional allocation, however, has a detrimental effect upon the lots planned for the subdivision. The concept
requires the City to accept responsibility for the stated portion of Taylor Bayou and, in turn, assign the
maintenance responsibilities over to the Public Improvement District (Pill) for that housing development.
HCFCD will only consider abandoning easements to governmental agencies.
Preliminary engineering designs for the planned amenities have been coordinated with the Port Crossing and
The Preserve at Taylor Bayou developments and determined to have no impact upon upstream or downstream
drainage plans. In addition:
1. Arete appeared before the TIRZ Board to brief the concept and received preliminary approval for the
project.
2. Plats and Construction Drawings are under review for approval by Harris County, HCFCD and the City.
Pending the Council's decision to accept responsibility for the channel, the City will receive a copy of
the Express Approval Sheet from Harris County.
3. The subject channel is planned to be incorporated into a public amenity that benefits the entire project
and provisions are made for Public Improvement District funding to be allocated to the maintenance of
the project.
4. Submitted Plats reflect this amenity as a detention reserve, dedicated to the public with the City's right
of entry. All pedestrian, water or park features are incorporated into the channel improvements and not
overlapping any public ROW (e.g. alley).
5. Preliminary designs for the fence bordering Section 1 and Taylor Bayou have been reviewed and formal
construction drawings for the fence and the improvements to Taylor Bayou have been ordered by the
City.
6. A signed developer's agreement has been received by the City and CCR's have been submitted for
review and approval by the City Attorney.
As a measure to preserve the current costs contained in the bids for the construction of the Southeast La Porte
Trunk S~wer and Infrastructure for Section 1 of the development, the City, under direction from Council,
initiated and forwarded a letter to HCFCD (attached as an exhibit) to consider abandoning their interest in that
portion of Taylor Bayou impacting the Lakes at Fairmont Greens Development and assign responsibility to the
City of La Porte.
Attachments
CITY OF LA PORTE
604 W. Fainnont Parkway, La Porte, TX 77571
www.laportetx.gov
Phone: (281) 471-5020 I Fax (281) 470.5005
January 9, 2007
Mr. Michael D. Talbott, PE.
Harris County Flood Control District
9900 Northwest Freeway
Houston, Texas 77092
RE: Regional Drainage and Detention System; Lakes at Fairmont Greens Development; 2000 Block of S.
H. 146; La Porte, Texas 77571 .
Dear Mr. Talbott:
In coordination with Mr. Joe Fogarty, agent for The Lakes at Fairmont Greens Residential Development within
'the city limits of the City of La Porte, andMr. Herb-Herndon, Watershed Coordinator within your office, the
plans and specifications concerning the project's regional drainage and detention system are being reviewed.
While the review process for the entire development is ongoing, the City of La Porte approved in concept that
the drainage and d<(tention system will be public domain. The issue was heard at the November 6, 2006, City
Council meeting workshop. As noted in the attached minutes oftbat meeting, the City Council's consensus was
to move forward with accepting, responsibility for the HCFCD portion of Taylor Bayou that impacts this
development. In turn, the City of La Porte will transfer future maintenance of the system to the developer and
the Public Improvement District The Council will ratify this decision on January 22, 2007.
Through the developer's agreement, and in conjunction with dedications on the final master plat for The Lakes at
Fairmont Greens, the City will require dedication of the entire drainage system to the public with the City's right
of entry. Our understanding is that HCFCD requires this dedication in order to approve the plans and
specifications regarding the drainage and detention systems including the outfall structure accessing HCFCD
channels.
The City of La Porte will ensure, through related agreements, the proper construction, per the approved plans
and specifications, and future maintenance of the drainage and detention systems. The City requests the
procedure to ab~don that portion of the HCPCD AI04 Channel 110' easement bounded by S.H. 146 and
McCabe Road within the Lakes at Fairmont Greens Development; and any other documents required for
HCFCD approval. Should you have any questions or concerns in this matter; the City's point of contact is
Wayne J. Sabo, 281-470-5056.
Respectfully,
Attachment: As stated
WJS/ml
Cc: Planning Department
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