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HomeMy WebLinkAboutO-2008-3024-D amend Fiscal Year 2007-08 Budget (original in 2007) E REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 14,2008 Requested By: Michael Dolby cf)--- Department: Finance Report: Ordinance: xx Resolution: Exhibits: Ordinance 2007-3024-D Exhibits: Excerpt from FY 2008 Adopted Budget & Amended Budget (Exhibit A & B) Source of Funds: N/A Appropriation Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO Exhibits: Explanations / Backup for Amendment SUMMARY & RECOMMENDATION The City Council adopted the Fiscal Year 2007-08 Budget on August 27, 2007. The Summary of Funds, which is shown below, represents the amendments which council previously approved to the FY 2007-08 Budget. (*denotes funds with current changes) General Fund Grant Fund Street Maintenance Sales Tax Fund Community Investment Hotel/Motel Occupancy Tax La Porte Development Corporation Tax Increment Reinvestment Zone Utility Sylvan Beach Airport La Porte Area Water Authority Golf Course Motor Pool Insurance Fund Technology Fund General Capital Improvement Utility Capital Improvement Sewer Rehabilitation Capital Improvement 2000 General Obligation Bond Fund 2005 Certificate of Obligation Bond Fund 2006 General Obligation Bond Fund 2007 Certificate of Obligation Bond Fund Transportation & Other Infrastructure Fund General Debt Service Utility Debt Service La Porte Area Water Authority Debt Service Total of All Funds Previously Original Budget Amended Budget $ 30,010,812 1,036,356 1,004,178 233,120 556,540 971,565 1,600,185 8,038,354 274,158 23,396 1,717,760 1,304,138 1,529,323 4,881,080 1,211,065 955,000 935,000 350,000 54,465 60,000 49,478 305,261 200,000 3,477,278 479,105 758,531 $ 62,016,148 $ 30,043,016 1,053,296 1,004,178 233,120 556,540 971,565 1,600,185 8,038,354 274,158 23,396 1,717,760 1,304,138 1,756,727 4,881,080 1,221,865 971,538 935,000 350,000 54,465 60,000 49,478 305,261 200,000 3,477,278 479,105 758,531 $ 62,320,034 Proposed Amended Budget $ 30,044,216 * 1,068,648 * 1,004,178 233,120 556,540 971,565 1,600,185 8,038,354 274,158 23,396 1,717,760 1,304,138 1,756,727 4,881,080 1,221,865 * 991,538 * 935,000 350,000 54,465 60,000 49,478 305,261 200,000 3,477,278 479,105 758,531 $ 62,356,586 Action ReQuired bv Council: Adopt Ordinance Amending Fiscal Year 2007-08 Budget for: A. $1,200 in the General Fund for a donation received from Shell Pipeline. The donation will be used for a taser and taser cartridges in the Police Department Support Services Division. B. $15,352 in the Grant Fund for the purchase of spring animals for various park zones and roof repair for the Little Cedar Bayou Concession (Park Zone 9). The funds will come from the Park Zone Reserve Accounts. C. $20,000 in the General CIP Fund for the third phase of the Pond to Park project based on the agreement between the City and the Fairmont Park East Homeowner's Association. Date '/1 /08 ORDINANCE NO. 2007-3024-0 AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1,2007 THROUGH SEPTEMBER 30, 2008; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said Budget; and WHEREAS, the Budget for the fiscal year October 1,2007, through September 30,2008, has heretofore been presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on July 23,2007, and a public hearing scheduled for August 27,2007 was duly advertised and held. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for consideration, a complete copy of which is on file with the City Secretary and a summary of which is attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget summary document, attached hereto by reference as Exhibit "B", as the Budget for the said City of La Porte, Texas, for the period of October 1,2007, through September 30,2008. SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and necessary to the adoption of said Budget have been performed as required by charter or statute. SECTION 3: The City Council officially finds, determines, recites and declares 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. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 4: This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the 11'day of J/MJ/ul.ry , 0( oD f ~OFLA__~,TEXAS ~.~~ Alton Porter, Mayor ATTEST: . L/f11~M Martha Gillett, City Secretary APP~ t r~ Clark Askins, Assistant City Attorney EXHIBIT A (ORIGINAL BUDGET) City of La Porte Consolidated Summary of All Funds FY 07-08 FY 07-08 Revenues Expenses Governmental Fund Types: General Fund 30,010,812 30,010,812 Grant Fund 1,036,356 1,036,356 Street Maintenance Sales Tax 726,535 1,004,178 Community Investment 217,358 233,120 Hotel/Motel Occupancy Tax 530,020 556,540 Section 4B Sales Tax 1,871,847 971,565 Tax Increment Reinvestment 1,621,438 1,600,185 Total Governmental Types 36,014,366 35,412,756 Enterprise: Utility 7,863,720 8,038,354 Sylvan Beach 250,280 274,158 Airport 55,906 23,396 La Porte Area Water Authority 1,295,846 1,717,760 Golf Course 1,121,404 1,304,138 Total Enterprise 10,587,156 11,357,806 Internal Service Motor Pool 2,028,711 1,529,323 Insurance Fund 4,883,865 4,881,080 Technology Fund 1,158,764 1,211,065 Total Internal Service 8,071,340 7,621,468 Capital Improvement: General 66,900 955,000 Utility 600,000 935,000 Sewer Rehabilitation 317,800 350,000 1998 GO Bond Fund 14,100 2000 GO Bond Fund 1,100 54,465 2002 GO Bond Fund 1,500 2004 C/O Bond Fund 13,100 2005 C/O Bond Fund 2,800 60,000 2005 GO Bond Fund 2,300 2006 C/O Bond Fund 10,000 2006 GO Bond Fund 5,000 49,478 2007 C/O Bond Fund 178,000 305,261 Other Infrastructure 51,700 200,000 Total Capital Improvement 1,264,300 2,909,204 Debt Service: General 3,320,122 3,477,278 Utility 511,950 479,105 La Porte Area Water Authority 758,531 758,531 Total Debt Service 4,590,603 4,714,914 Total All Funds 60,527,764 62,016,148 EXHIBIT B (AMENDED BUDGET) City of La Porte Consolidated Summary of All Funds FY 07-08 FY 07-08 Revenues Expenses Governmental Fund Types: General Fund 30,012,012 30,044,216 Grant Fund 1,036,356 1,068,648 Street Maintenance Sales Tax 726,535 1,004,178 Community Investment 217,358 233,120 Hotel/Motel Occupancy Tax 530,020 556,540 Section 4B Sales Tax 1,871,847 971,565 Tax Increment Reinvestment 1,621,438 1,600,185 Total Governmental Types 36,015,566 35,478,452 Enterprise: Utility 7,863,720 8,038,354 Sylvan Beach 250,280 274,158 Airport 55,906 23,396 La Porte Area Water Authority 1,295,846 1,717,760 Golf Course 1,121,404 1,304,138 Total Enterprise 10,587,156 11,357,806 Internal Service Motor Pool 2,028,711 1,756,727 Insurance Fund 4,883,865 4,881,080 Technology Fund 1,158,764 1,221,865 Total Internal Service 8,071,340 7,859,672 Capital Improvement: General 103,438 991,538 Utility 600,000 935,000 Sewer Rehabilitation 317,800 350,000 1998 GO Bond Fund 14,100 2000 GO Bond Fund 1,100 54,465 2002 GO Bond Fund 1,500 2004 C/O Bond Fund 13,100 2005 C/O Bond Fund 2,800 60,000 2005 GO Bond Fund 2,300 2006 C/O Bond Fund 10,000 2006 GO Bond Fund 5,000 49,478 2007 C/O Bond Fund 178,000 305,261 Other Infrastructure 51,700 200,000 Total Capital Improvement 1,300,838 2,945,742 Debt Service: General 3,320,122 3,477,278 Utility 511,950 479,105 La Porte Area Water Authority 758,531 758,531 Total Debt Service 4,590,603 4,714,914 Total All Funds 60,565,502 62,356,586 It e Agenda Date Requested: Au Requested By: ITY COUNCIL AGENDA ITEM AODrooriation Source orFands: Department: Account Number: Exhibits: Letter fi'om EFPHOA Amount Budgeted: Amout Requested: NJA Exhibits: A2I'eement Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION As you may recall, the City of La Porte has negotiated a participation agreement with the Fainnont Park East Homeowner's Association to construct a combination park and detention basin facility on approximately eight acres of City owned land, located in the Fairmont Park East subdivision on Driftwood. The construction will take place in three phases, with the FPEHOA contributing $35,000 toward the first phase, and $20,000 for each of the second and third phases, for a total contribution of $75,000 or approximately 47% of the estimated cost of the enhanced park itqJrovcmcnts. The total cost of the project, including the dcteIition basin improvements, the basic park itqJrovements, and the enhanced park features. is $296,000. The proposed changes in the detention pond capabilities will be completed in Phase I of the project; Phases n & ill address the park component of the project. The agreement caDs for the City to fund the project in phases, although the project cannot begin until the silting present in the Ranis County Flood Control District ditch has been removed. County officials have indicated that this project is a high priority. The phases will be constructed as funds become available. The FPEHOA will contribute their share prior to the bid process for each phase. Staffrecommends approval of the attached ordinance that will result in a ncwpark for the City of La Porte in an area of the city that serves a substantial nwnber of residents. Action Reaulred bv Council: Consider approval of the attached Ordinance authorizing the City Manager to execute an agre~t between the City of La Porte and the Fairmont Park East Homeowner's Association, Ine. to construct a combination park and detention basin facility on City owned land Aooroved for City Council Mencla ~~!.~ J? ,-/ /.t; - iJ S- Date ! , I I ~ I ! . e ORDINANCE NO. 2005- (fi. g 3'1 AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT B);'J.'wJ!iEN THE CITY OF LA PORTE AND THE FAIRMONT PUK EAST HOMEWONER'S ASSOCIATION, INC. REGARDING CONSTRUCTION AND DEVELOPMENT OF A COl\lBINATION PARK AND DETENTION BASIN FACILITY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE cm OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to a1flX the seal of the City to ah such documents. Section 2. The City Council officially finds, determines, recites, and declares 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 HaIl 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. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. . . Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 22ND day of AUGUST 2005. CITY OF LA PORTE ~t,y~ By: Alton E. Porter, Mayor of La Porte ATTEST: APPROVED: ~ r.M- ~ ~ ,rY A77''f . " T.rrr. e e AGREEMENT THE STATE OF TEXAS ~ COUNTY OF HARRIS ~ CITY OF LA PORTE ~ This Agreement is made and entered into by and between City of La Porte, a body cotporate and politic under the laws of the State of Texas, hereinafter called "City," and the Fairmont Park East Homeowner's Association, Incorporated, a non-profit corporation chartered under the laws of the State of Texas, hereinafter called "FPEHOA It; RECITALS: 1. It is to the mutual benefit of City and FPBHOA to construct and develop a combination park and detention basin facility, on land owned by City as a joint venture designated herein, including parking facilities, storm sewer connections, park service equipment and related appurtenances, hereinafter called the "Project." 2. The Project will include construction, relocations and/or improvements involving earthmoving, a retaining wall, pond establishment and other basic improvements designed to provide stormwat'er storage and park shaping, hereinafter sometimes called the "Phase I Park & Basin Improvements". It is recognized that the retaining wall and associated earthwork is an enhancement, but is included in Phase I Parlc&'Basin Improvements for cost efficiency. That part of the Project that includes a parking lot, sidewalks. and park service equipment shall sometimes be called the "Phase n Basic Park Provision". That part of the Project that includes waterfall and other enhanced appurtenances shall sometimes be called "Phase ill Park Enhancements". 3. The FPEHOA is willing to contnbute $35,000 toward costs of Phase I Park & Basin Improvements, provided that City will contdbute the remaining costs to construct the Phase I Park & pasin Improvements. The FPBHOA is willing to contnbute $20,000 toward costs of the Phase n Basic Park Provision, provided that City will contnbute the remaining costs to construct the Phase n Basic Park Provision. The FPBHOA is willing to contnbute $20,000 toward costs of the Phase ill Park Enhancements, provided that City will contribute the remaining costs to construct the Phase ill Park Enhancements. The administration of design and construction of the Project will be considered the purview of the City. City has caused the design of all phases of the Project to be completed. All costs attnbutable to the cost of the Phase I Park & Basin Improvements, including costs of engineering, construction and construction support services will sometimes be called the "Phase I Park Improvement Costs." All costs attributable to the cost of the Phase II Basic Park Provision, including engineering, construction and construction support services will sometimes be called the " Phase n Basic Park Provision Costs." All costs attrIbutable to the cost of the Phase ill Park Enhancements, including engineering, construction Agreement - City of La Porte aud FPEHOA, Page 1 of 7 e e and construction support services will sometimes be called the " Phase ill Park Enhancement Costs". 4. NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and benefits to the parties herein named, it is agreed as follows: TERMS: I. After execution of this Agreement and within thirty (30) days after notification by City that the Project is ready to bid, the FPEHOA shall transmit to City its check made payable to City in the amount of Thirty Five Thousand Dollars ($35,000) for its share of the Phase I Park & Basin Improvement Costs so that the Project can be let for construction bids. 2. The City shall administer the construction bid process by advertising and receiving bids on a "lowest bid meeting specifications" basis, for construction of Phase I Park & Basin Improvements for the Project in the manner similar to that of other City projects, and according to State law. 3. Upon receipt and tabulation of the bids for the Project, City will determine the responsible low bidder meeting specifications for the construction of Phase I Park & Basin Improvements for the Project. 4. In the event the contracted Phase I Park & Basin Improvement Costs are greater than the amount budgeted by City, including the FPEHOA share, City shall have the following options: a City may elect to pay the additional costs of the Phase I Park & Basin Improvement Costs of the Project, or, the FPEHOA may elect to pay the additional costs, or a combination of CitylFPEHOA funding for additional costs for Phase I. b. City may reject all bids and elect not to proceed with the letting of the contract and terminate this agreement as provided below. c. City may reject all bids and re-advertise for bids for construction of the Project in accordance with the approved drawings and specifications in the same manner as before and under the same conditions. d. City may negotiate a reduced Scope of Work to be agreed upon by both parties prior to re-bid or acceptance of alternate bids for this phase of the Project. 5. Within thirty (30) days after the bid opening, City shall award the contract to the responsible bidder who submits the lowest bid meeting specifications, in accordance with the usual and customary procedures of the City and according to State law. It is expressly agreed and understood that City reserves the right to reject all bids. In such event, the City, in its discretion, may either re-advertise for bids pursuant to the same understanding with regard to rejection of bids or terminate this agreement as hereinafter provided. The City's determination of the responsible Agreement - City of La Porte and FPEHOA, Page 2 of 7 e e bidder who submits the lowest bid meeting specitications for the Project shall be tinal and conclusive. 6. Upon completion and acceptance of Phase I Park & Basin Improvements by the City, and contingent upon available budgeted funding by City for the construction of Phase IT Basic Park Provision, and as provided by Section 3 of this Agreement, and within thirty (30) days of notification by City, FPEHOA shall transmit to City its check made payable to City in the amount of Twenty Thousand Dollars ($20,000) for its share of the Phase IT Basic Park Provision Costs so that the Phase II Basic Park Provision can be let for construction bids. 7. The City shall administer the construction bid process by advertising and receiving bids on a "lowest bid meeting specifications" basis, for construction of Phase II Basic Park Provision for the Project in the manner similar to that of other like City projects and according to State law. 8. Upon receipt and tabulation of the bids for the Project, City will determine the lowest bid meeting specifications by responsible bidder for the construction of Phase II Basic Park Provision for the Project. 9. In the event the contracted Phase II Basic Park Provision Costs are greater than the amount budgeted by City, including the FPEHOA share, City shall have the following options: a. City may elect to pay the additional costs of the Phase II Basic Park Provision Costs of the Project, or, the FPEHOA may elect to pay the additional costs, or a combination of City/FPEHOA funding for additional costs for Phase n. b. City may reject all bids and elect not to proceed with the letting of the contract and terminate this agreement as provided below. c. City may reject all bids and re-advertise for bids for construction of the Project in accordance with the approved drawings and specifications in the same manner as before and under the same conditions. d City may negotiate a reduced Scope of Work to be agreed upon by both parties prior to re-bid or acceptance of alternate bids for this phase of the Project. 10. Within thirty (30) days after the bid opening, City shall award the contract to the responsible bidder who submits the lowest bid meeting specifications, in accordance with the usual and customary procedures of the City and according to State law. It is expressly agreed and understood that City reserves the right to reject all bids. In such event, City, in its discretion, may either re-advertise for bids pursuant to the same understanding with regard to rejection of bids or terminate this agreement as hereinafter provided. The City's determination of the responsible bidder who submits the lowest bid meeting specifications for the Project shall be final and conclusive. 11. Upon completion and acceptance of Phase II Basic Park Provision by the City, and Agreement - City of La Porte aad FPEHOA, Page J of7 e e contingent upon available budgeted. funding by City for the construction of Phase ill Park Enhancement, and as provided. by Section 3 of this Agreement, and within thirty (30) days of notification by City, the FPEHOA shall transmit to City its check made payable to City in the amount of Twenty Thousand Dollars ($20,000) for its share of the Phase ill Park Enhancement Costs so that the Phase ill Park Enhancements can be let for construction bids. 12. The City shall administer the construction bid process by advertising and receiving bids on a "lowest bid meeting specifications" basis, for construction of Phase ill Park Enhancements for the Project in the manner similar to that of other like City projects, and according to State law. 13. Upon receipt and tabulation of the bids for the Project, City will determine the lowest bid meeting specifications by a responsible bidder, for the construction of Phase ill Park Enhancements for the Project. 14. In the event the contracted. Phase ill Park Enhancement Costs are greater than the amount budgeted. by City, including the FPEHOA share, City shall have the following options: a City may elect to pay the additional costs of the Phase ill Park Enhancement Costs of the Project, or, the FPEHOA may elect to pay the additional costs, or a combination of CitylFPBHOA funding for additional costs for Phase ill. b. City may reject all bids and elect not to proceed with the letting of the contract and terminate this agreement as provided. below. c. City may reject all bids and re-advertise for bids for construction of the Project in accordance with the approved. drawings and specifications in the same manner as before and under the same conditions. d. City may negotiate a reduced Scope of Work to be agreed upon by both parties prior to re-bid or acceptance of alternate bids for this phase of the Project. 1 S. Within thirty (30) days after the bid opening, City shall award the contract to the responsible bidder who submits the lowest bid meeting specifications, in accordance with the usual and customary procedures of the City, and according to State law. It is expressly agreed and understood that City reserves the right to reject all bids. In such event, the City, in its discretion, may either re-advertise for bids pursuant to the same understanding with regard to rejection of bids or terminate this agreement as hereinafter provided.. The City's determination of the responsible bidder who submits the lowest and best bid for the Project shall be final and conclusive. 16. City shall be responsible for administering the construction contract for all phases of the Project. FPBHOA shall not interfere with the work in progress; any issue that is of concern to the FPBHOA will be addressed to City. City and FPEHOA shall approve plans for all three phases of the Project, prior to letting bids for Phase I Park & Basin Improvements for the Project. 17. Payments by the FPBHOA to City hereunder shall not be used by City for any purpose Agreement - City of La Porte and FPEHOA, Page 4 of? e e other than the Project. Bach cost or expense included within the Project shall be paid entirely from funds controlled by the City. 18. City acknowledges and agrees that the EFPHOA's sole obligation under this Agreement during the construction of the Project is to contnoute funding for the costs of the Project to the extent stated in this Agreement, and the FPEHOA has not assumed any responsibility for the actual construction of the Project or the performance of the: work other than the contribution of funds as provided herein. The FPEHOA shall not be responsible for the maintenance or condition of the Project facilities during construction of the Project or thereafter. 19. City may make such changes and amendments to the drawings and specifications within the general scope of the approved Project, as City deems necessary or desirable during construction of the Project. 20. Either the FPEHOA or City may terminate this Agreement, without cause, at any time prior to the letting of the Contract for construction of the Project, by written notice to the other party. After termination, neither party shall have any further obligations hereunder, except as follows: City shall return to the FPEHOA any unspent funds which the FPEHOA has paid to City hereunder prior to such termination, together with the interest earned on such funds. 21. Unless this Agreement is amended and additional funds are thereby made available, it is expressly understood and agreed that the FPEHOA has available the maximum sum of $75,000 to satisfy its obligations under this Agreement. 22. Unless this Agreement is amended and additional funds are thereby made available, it is expressly understood and agreed that City's obligation is limited to the estimated construction costs listed in Exhibit A and incorporated in this Agreement, to satisfy its obligations under this Agreement. 23. The FPEHOA and its authorized representatives shall have the right to review and audit all books, records, vouchers and documents of whatever nature related to City's perfonnance under this Agreement during the period of performance of this agreement and for three (3) years thereafter or for so long as there exists any dispute or litigation arising from this agreement. 24. No party hereto shall make, in whole or in part, any assignment of this agreement or any obligation hereunder without the prior written consent of the other parties hereto. 25. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescnOed hereinbelow or at such other address as the other party may have theretofore prescribed by notice to the sending party. Agreement- City of La Porte and FPEBOA, Page 5 of7 e e Address for notice shall be as follows: CITY City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 Attn: City Manager c: Stephen L. Barr, Director of Parks & Recreation Department FPEHOA: Fairmont Park East Homeowners Association, Inc. C/O A VR Management Consultants 12929 Gulf Freeway, Suite 320 Houston, TX 77034 Attn.: Cathy Winfield 26. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed Any modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, approved by the governing bodies and signed by all parties hereto. Agreemeat- City of La Porte and FPEBOA, Page 6 of7 e e INTBSTlMONY OF- WHICHrthis. agreement, .in duplicate counterparts, eaeh having equal force and effect of an original, has been executed on behalf of the partieS hereto as-foJJows, to-wit: a It has on the day of . 2005, been executed on behalf of the Fairmant Park Bast Homeowners Association, Inc. by its President, pursuant to a certified approval by the Board of said Association authorizing such execution. &' ~ It has on the day of 2005, been executed on behalf of City by e City Manag and attested by its City Secretary, pursuant to Ordinance of City Council of the City of La Porte authorizing such execution. b. APPROVED AS TO FORM: FAIRMONT PARK EAST HOMEOWNERS ASSOCIATION, INC. . ~ ,~. eRerord, HOA -- ~ . ATTEST: Cathy Winfield, ement Consultants, Inc. ~if ~~. . ent, FPEB ATTEST: ~f'dt1Jj Martha Gillett, City Secretary CITY OF LA PORTE c&-~m~?lffi- Debra B. FeazeJJe, City Manager APPROVED AS TO FORM: Agreement - City of La Porte and FPEHOA, Page 7 of 7 e e. FAIRMONT PARK EAST HOMEOWNERS ASSOCIATION, INC. % A VR Manag~ment Consultants, Inc. 12929 Gulf Freeway, Suite 320 Houston, TX 77034 '(281) 4,81-8062 F~x (281) 481-8099 August 3, 2005, (D) IE ~ re ~ ~J ~ Ull[ AlII 0 2IYb l~"~ S & Rrc", 1"""'111 l"EPT PARK Co ..r..\I.\).... '. City of La Porte Parks and Recreation Department. Attn: Stephen Barr 1322 South Broadway La Porte, TX 77571 Re: Fairmont-Park East Homeowners Association, Inc. Dear Mr. Barr, This letter should inform you and the City of La Porte that the Board of Directors for the Fairmont Park East Homeowners Association has accepted.the Construction Agreement presented to them for the park in the subd~vision. Sincerely, FAIRMONTPARK EAST HOMEOWNERS ASSOCIATION, INC. ::;B~~ ,r;. ~J- President . .