HomeMy WebLinkAboutO-2008-3024-D amend Fiscal Year 2007-08 Budget (original in 2007)
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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
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Alton Porter, Mayor
ATTEST: .
L/f11~M
Martha Gillett, City Secretary
APP~
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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
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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
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Date
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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:
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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
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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
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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
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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?
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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
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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
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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.
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eRerord, HOA --
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ATTEST:
Cathy Winfield, ement
Consultants, Inc.
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. ent, FPEB
ATTEST:
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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
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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,
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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
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