HomeMy WebLinkAboutO-2002-2547-A
Requested By:
UNCIL AGENDA ITEM
Agenda Date Requested: October 14 2002
Appropriation
Stephen Barr
urce of Funds: Sylvan Beach Escrow Fund
Department:
Account Number:
001-0000-202-0623
Report:
Resolution: Ordinance: X
Amount Budgeted:
-0-
Exhibits:
Orrlin::mr.p. AW::lreling Riel
Amount Requested: $12,750
Exhibits:
Coastal Cooperation AQreement
Budgeted Item:
YES
NO
Exhibits:
Letter from Harris County
SUMMARY & RECOMMENDATION
In April of 2002 the City Council approved a Project Cooperation Agreement with the Texas General Land
Office to study the erosion problems at Sylvan Beach Park and make a recommendation as to
remediation. As discussed in the previous item, that portion of the project is complete and the Texas
General Land Office is ready to begin final design and permitting of the project. The amendment to the
agreement approved in April will add an additional $85,000 to the existing agreement to fund the
permitting process through the U.S. Army Corps of Engineers, develop the final design for the project,
and complete the bidding process. The TGLO will provide $72,250, or 85% of the addtional estimated
cost of the project. The City will contribute $12,750, or 15% of the total estimated cost of the project.
Sylvan Beach Park is Harris County property. Harris County has agreed to participate in the project and
an agreement is being drawn up to be presented to Council that will reimburse the City for % of its match,
or $6,375. Participation in this project does not obligate either the City or Harris County to any future
activity regarding actual construction of the project. The City and Harris County jointly constructed and
have operated Sylvan Beach Fishing Pier since 1995. There are funds set aside in the Sylvan Beach Pier
Escrow Fund to cover the cost of rebuilding the pier, should it become necessary, as well as additional
funds that could be used to fund the City's share of this Project Cooperation Agreement. The balance of
funds in this account, over the amount required for pier replacement, is expected to be approximately
$43,000 at year-end.
Staff Recommendation:
Staff recommends that Council consider approval of the proposed Project Cooperation
Agreement between the Texas General Land Office and the City of La Porte, with $12,750 for the City's
share to be funded from the Pier Revenue Escrow fund.
Action Required by Council:
Consider approval of the Project Cooperation Agreement Amendment as described above.
Availability of Funds:
General Fund Water/Wastewater
_ Capital Improvement _ General Revenue Sharing
--2L Escrow Funds N/A
Account Number: 001-0000-202-0623 Funds Available: XX YES NO
Approved for City Council Aaenda
ns, Acting City Manager
/1~-Z
Date
ORDINANCE NO. 2002- ~5tf'7~A
AN ORDINANCE AUTHORIZING AND APPROVING AN AMENDMENT TO THE
PROJECT COOPERATION AGREEMENT BETWEEN THE CITY OF LA PORTE AND
THE TEXAS GENERAL LAND OFFICE, APPROVED APRIL 15, 2002, REGARDING
SYLVAN BEACH SHORELINE EROSION REMEDIATION; APPROPRIATING
$12,750.00 TO FUND SAID AGREEMENT; 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 CITY 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 affix the seal of the City to all such
documents.
Section 2. The City Council officially finds, determines, recites, and declares that
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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 3. This Ordinance shall be effective from and after its passage and
approval, and it is so ordered.
PASSED AND APPROVED, this 14TH day of October 2002.
CITY OF LA PORTE
~:&~~
No an L. Malone, .
Mayor
ATTEST:
lJl!1iHbJli~
Mart a Gillett,
City Secretary
)
'X~)'li U.
Knox W. Askins,
City Attorney
(
APPROVED AS TO FORM:
GLO Contract No. 02-436C
Coastal Projects No, 1114
PROJECT COOPERATION AGREEMENT
FOR EVALUATING EROSION RESPONSE ALTERNATIVES
BETWEEN
GENERAL LAND OFFICE
AND
CITY OF LA PORTE
FOR
SYL VAN BEACH
THIS PROJECT COOPERATION AGREEMENT (Agreement) is made and entered into
by and between the General Land Office (GLO) and the City of La Porte (the Qualified Project
Partner) pursuant to the Coastal Erosion Planning and Response Act (the Act), Texas Natural
Resources Code Ann. gg33.601-12 (Vernon 2001 & Supp. 2002).
WHEREAS, pursuant to the Act, the GLO is authorized to implement a program of
coastal erosion avoidance, remediation, and planning; and
WIJEREAS, if the GLO receives legislative appropriations or other ftmding~ the GLO
will undertake coastal erosion studies, demonstration projects, and response projects in
conjunction with qualified project partners; and
WHEREAS, ftmds may be expended from the Coastal Erosion Response Account (the
Account) to finance erosion response activities authorized by the Act and approved by the
Commissioner of the GLO; and
WHEREAS, ifthe,GLO and the Qualified Project Partner enter into a project cooperation
agreement to undertake an erosion response study or project, the Act requires the Qualified
-Project Partner to pay at least 15% of the shared project costs; and
WHEREAS, the Qualified Project Partner has filed a Project Goal Summary with the
GLO in accordance with 31 Texas Administrative Code 915.21 (Vernon Supp. 2001); and
WHEREAS, both the GLO and the Qualified Project Partner desire to cooperatively
undertake an evaluation of the alternatives to determine the feasibility, cost, and financing of
different methods of avoiding, slO'vving, or remediating coastal erosion as identified in the Project
Goal Summary;
,
NOW THEREFORE, in consideration of the benefits to the State of Texas, the GLO and
the Qualified Project Partner enter into this Agreement and hereby agree as follows:
I.' ALTERNATIVES ANALYSIS
1.01. ALTERNATIVES ANALYSIS. The parties agree to cooperatively evaluate alternatives
for addressing erosion problem(s) identified in the Project Goal Summary, attached hereto and
incorporated herein by reference as Attachment A, t~ assess the feasibility, cost, and financing of
different methods of avoiding, slowing, or remedyin.g coastal erosion at Sylvan Beach, City of
La Porte, Harris County, Texas (the Alternatives Analysis). The parties shall complete the
Alternatives Analysis in accordance with the Work Plan, attached hereto as Attachment B and
incorporated herein for all purposes.
1.02. NO COMMITMENT. The parties agree and acknowledge that by undertaking of
this Agreement the GLO neither expresses nor implies any commitment to fund
construction of any erosion response projects that may be evaluated in the Alternatives
Analysis pursuant to this Agreement.
1.03. COASTAL BOUNDARY SURVEY. The Qualified Project Partner agrees and
acmowledges that in the event a coastal boundary survey is required for the Alternatives
Analysi.s, the survey will be conducted in conformance with Section 33.136 of the Texas Natural
Resources Code. Maps, sUlYeys and/or profiles to be completed under this Agreement shall not
include delineating or mapping vegetation, the line of vegetation or the landward boundary of the
public beach. Work products provided under this Agreement shall not include any mention of
the location of the line of vegetation or the boundary of the. public beach. For any work funded
in whole or part by. funds from the Account, vegetation, the line of. vegetation and/or the
landward boundary of the public beach can only be mapped, delineated, or described with
specific written authorization from the GLO. A coastal boundary survey performed pursuant to
this Agreement must contain the following statement: "This survey does not nor is it intended to
be used to identify, delineate or fix the line of vegetation or the landward boundary of the public
beach. "
II. TERM.
2.01. DURATION. This Agreement shall be effective on the date the last party executes this
Agreement, and shall terminate upon the completion of the Work Plan or August 31, 2003,
whichever is earlier.
i02. EARLY TERMINATION. This Agreement may be terminated by either party by
giving written notice specifying a termination date at least thirty (30) days subsequent to the date
of the notice. .
2
2.03. DISPUTE RESOLUTION. If a contract dispute arises that cannot be resolved to the
satisfaction of the parties, either party may notify the other party in writing of the dispute. If the
parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the Written
notiiication, the GLO may require the issue(s) be mediated. In sUQh event, the GLO shall so notify
the Qualified Project Partner and furnish the Qualified Project Partner ,with the names of three
mediators acceptable to the GLO. Within ten (10) days of such notice, the Qualified Proj ect Partner
shall select a mediator from the list provided by the GLO and notify the GLO. The mediation shall
occur within thirty (30) days of such notification. Prior to the mediation, each party will provide the
mediator with a statement of issues to be mediated, along with any other information/releases
required by the mediator. Cost of the 'mediator shall be borne equally by the parties. Any dispute
resolution shall be conducted in accordance with Chapter 2260 of the Texas Government Code
01 emon 2001).
ID. FUNDING.
3.01. PARTNER MATCH. (a) The Act requires the Qualified Project Partner to pay at least
15% of the shared project costs. In-kind goods or services provided by the Qualified Project
Partner after entering into this Agreement may be used to offset the Qualified Project Partner's
shared costs for the project provided the Qualified Project Partner presents the GLO with
reasonable basis for estimating the monetary value of those goods or services. The decision to
allow any in-kind goods or services to offset cost-sharing requirements is in the sole discretion of
the GLO.
(b). The parties agree that all expenses associated with the performance of this
Agreement will be paid by the parties in accordance with the Budget attached hereto and
incorporated herein by reference as Attachment C. in an amount not to exceed the sum of Fifty
Thousand and No/IOO Dollars ($50,000.00). In the event the parties agree that additional tasks
and/or funds are required, the parties shall execute an amendment to this Agreement. ' The
Qualified Project Partner acknowledges that no costs incurred by. the Qualified Project
Partner before entering into this Agreement or not in accordance 'with the Budget can be
used to offset the cost-sharing requirement. Further, the Qualifie~ Project Partner
acknowledges that it may be subject to cost-sharing requirements exceeding the minimum 15%
share required by the Act.
b. For an in-kind Partner Match, valuing and accounting determinations should be
provided to the GLO within thirty (30) days of execution of this Agreement, and inclll:de a
description of the Partner Match, how it is to be provided, and a timeline for providing it over the
course of the Agreement. All in-kind Partner Match determinations are subject to the review and
approval of the GLO. All in-kind Partner Match requirements must be accounted for before the
expiration of this Agreement. Funds equaling to the in-kind match valuation will be retained until
the accounting for the match is provided to and approved by the GLO.
c. For a cash Partner Match, the full amount is due within thirty (30) days of the
execution of this Agreement. This match contribution should be submitted to the following:
3
Texas General Land Office
Coastal Erosion Planning and Response Act (CEPRA)-MATCH
Mail Code 127
P.O. Box 12873
Austin-, TX 78711-2873
Attn: Dianna Gordon
3.02. ALTERNATIVE SOURCE FUNDING. The parties agree to work cooperatively to
investigate and secure funding from sources other than the Account. Alternative sources of
funding acquired by the Qualified Proj,ect Partner after the execution of this Agreement may be
used to meet the Partner Match, subject to the approval of the GLO. Financial assistance from
the Beach Cleaning and }.1aintenance Assistance Program pursuant to 31 Texas Administrative
Code Chapter 25 (Vernon 2001) may not be used to meet the Qualified Project Partner's cost-
sharing requirement.
3.03. STATE FUNDING. This Agreement shall not be construed as creating any debt on behalf
of the State of Texas and/or the General Land Office in violation of Sec. 49, Art. ill of the State
Constitution. In compliance with Sec. 6, Art. VITI of the Constitution, it is understood that all
obligations of the State hereunder are subj ect to the availability of State funds. If such :funds are not
appropriated or become unavailable, this Contract may be terminated. In that event, the parties shall
be discharged from :further obligations, subject to the equitable settlement of their respective
interests accrued up to the date of termination.
3.04. AUDIT. The GLO reserves the right to audit any Qualified Project Partner account related
to the subject project and to verify any expense item submitted for reimbursement by the Qualified
Project Partner, who will permit the GLO to inspect, and MIl make available for inspection, any and
all pertinent records, files, information, and other written materials pertaining to the expenditure of
funds on the Alternatives Analysis. The Qualified Project Partner further agrees to maintain, keep,
and preserve at its principal office all. such records, and all other records associated with this
Agreement, for a period of four (4) years following the completion or termination of this Agreement
and to make the same .available to the GLO or other agencies of the state or federal government for
purposes of audit -
IV. :MISCELLANEOUS PROVISIONS.
4.01. OTHER LAW. Incorporated by reference the same as if specifically written here~ are
the rules, regulations, and other requirements imposed by law, including but not limited to
compliance with those pertinent statutes, rules, and regulations of the State of Texas and those of
federal agencies providing funds to the State of Texas, all of which shall apply to the performance
of the services hereunder.
4.02. PARTNER COMPLIANCE. This paragraph applies only to a local governmental entity
subject to the provisions of the Open Beaches Act (Texas Natural Resources Code, Chapter 61) and
the Dune Protection Act (Texas Natural Resources Code, Chapter 63). The Qualified Project
Partner acknowledges that it will reimburse the Account for any costs to the erosion response
4
project, whether in the form of increased project costs or decreased benefits, resulting from any
action or activity which has occurred or is occurring that is not in compliance "vith the relevant local
beach/dune planes). .
4.03. POINTS OF CONTACT.
a The GLO's point of contact for this Agreement shall be:
Jimmy Tyree
Project 11anager .
Resource 11anagement Prograin Area
1700 N. Congress Ave.
Austin, Texas 78701-1495
(512) 475-1552 .
(512) 475-0680 -- fax
b. The Qualified Project Partner's point of contact for this Agreement shall be:
Stephen Barr
City of La Porte
604 W. Fairmont Parkway
La Porte, Texas 77571
(281) 470-7275
(281) 470-1361 - fax
4.04. NOTICES. Any notice required or permitted to be delivered under this Agreement shall
be deemed delivered when deposited in the United States mail, postage prepaid, certified mail,
return receipt requested, addressed to the point of contact for the GLO or the Qualified Proj ect
Partner, a,s the case may be, at the address set forth in Section 4.03 of this Agreement.
4.05. VENUE. This Agreement shall be governed and construed in accordance with the laws
of Texas. Venue of any suit brought for breach of this Agreement is fixed in any court of
competent jurisdiction in Travis County, Texas; provided, however, the foregoing shall not
be construed as a waiver of sovereign immunity by the GLO.
4.06. SEVERANCE. Should anyone or more provisions of this Agreement be hel4 to be
void, voidable, or for any reason whatsoever of no force and effect, such provision(s) sh<;l.l1 be
construed as severable from the remainder of this Agreement and shall not affect the validity of
all other provisions of this Agreement, which shall remain of full force and effect.
4.07. FORCE MAJEURE. Any delays in or failure of performance by either party, except in
respect of the obligation to make payments under this Agreement, shall not constitute default
hereunder if and to the extent such delays or failure of performance are caused by occurrence(s)
beyond the reasonable control of the party affected, and which by the exercise of due diligence
such party is unable to prevent, herein called "Force Majeure," including but not limited to: acts
of God or the public enemy, sabotage, war, mobilization, revolution, civil commotion, riots,
strikes, lockouts, fires, accidents or breakdowns, floods, hurricanes or other actions 0.[
5
governmental authorities. In any such event, the party claiming Force Majeure shall notify the
other party in writing and, if possible, of the extent and duration thereof and shall exercise due
diligence to prevent, eliminate or overcome such cause where it is possible to do so and resume
performance at the earliest possible date.
4.08. ENTIRE AGREEl\1ENT. This Agreement constitutes. the entire agreement of the
parties. No other agreement, statement, or promise that is not contained in this Agreement shall
be binding except a subsequent written modification signed by both parties.
GENERAL LAND OFFICE
CITY OF LA PORTE
(U2Jl
LarryR. Sow d, ChiefClerkl"
Senior Deputy Land com1oner
Date of execution: ~ (/0L-
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N.ame:~-,- ~?ex<t
TItle: I\f.Q no. Q
Date of execution: l..{-c;.....o "L.
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A.TTA.C~"NT C
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9
BUDGET PAGE
Sylvan Beach Shore Protection: Beach Nourishment
CEPRA PROJECT #1114
PROJECT COSTS
CONTRACTUAL AMOUNT
Task l.Alternatives Analysis $50,000.00
"
TOTAL PROJECT COST NOT TO EXCEED $50,000.00
COSTS~GS~Y
QUALIFIED PROJECT PARTNER (QPP): 15 % of total project costs $7,500.00
QPP Cash Commitment $7,500.00
QPP In-kind Commitment $0.00
QPP's TOTAL CONTRIBUTION* .. - $7,500.00
CEPRA: 85% oitotal project costs ,
CEPRA's TOTAL CONTRIBUTION $42,500.00
,
TOl'AL PROJECT CONTRIBUTIONS $50,000.00
... PleaSe specify when using historically underutilized business as required by state law.
Texas General
Land Office
i
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... IJ OCT 2 2
PAR~
Ri..r;TlON DEPT.
October 18,2002
David Dewhurst
Commissioner
Mr. Stephen Barr
City of La Porte
PO Box 1115
La Porte TX 77572
Re: Amendment to GLO Contract No. 02-436 C
Dear Mr. Barr:
Please find enclosed for your files one fully executed amendment to
the above-referenced contract with the General Land Office.
If you have any questions, please do not hesitate to contact me at
(512) 475-2225, or via electronic mail at iudv.coover@glo.state.tx.us.
Sincerely,
~contracts Liaison
Legal Services Division
JC/bt
enclosure
Stephen F. Austin Building
1700 North
Congress Avenue
Austin, Texas
78701-1495
512-463-5001
PROJECT COOPERATION AGREEMENT
GLO CONTRACT NO. 02-436C
AMENDMENT NO.1
STATE OF TEXAS ~
~
COUNTY OF TRAVIS ~
The General Land Office and the City of La Porte (Qualified Project Partner), parties to that certain
Project Cooperation Agreement entered into effective as of April 15, 2002 and denominated GLO
Contract No. 02-436C (Agreement), now desire to amend the Agreement.
WHEREAS, the parties desire to modify the Work Plan of the Agreement by adding
additional tasks to be performed by Qualified Project Partner; and
WHEREAS, the parties desire to modify the Budget of the Agreement to reflect the
additional tasks;
NOW, THEREFORE, the parties have agreed to amend the Agreement as follows:
1. Attachment B to the Agreement is hereby deleted and substituted by Attachment B-1
attached hereto, reflecting the amended Work Plan.
2 Attachment C to the Agreement is hereby deleted and substituted by Attachment C-l
attached hereto, reflecting the amended Budget.
3. Except as amended and modified by this Amendment, the terms and conditions of the
Agreement shall remain in full force and effect.
GENERAL LAND OFFICE
CITY OF LA PORTE
. .
IJI..,* .JJ
~~
Senior Deputy Land Commissioner
Date: fJ!i~
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Tit e: 4ct'~ ~V; )(~a.fje.lt
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Date: 0/ - 0
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Knox W. Askins, City Attorney
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AM-B"NDBD woRR PLAN
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SYLVAN BEACH SHORELINE PROTECTION, CEPRA # 1114
PERMITTING, FINAL DESIGN, BID PACKAGE DEVELOPMENT WORK PLAN
1. To address erosion at Sylvan Beach, the GLO shall:
a. Identify, document, and confer with the Qualified Project Partner, the location
and extent of the project area.
b. Contract with a professional services provider to:
document existing conditions/applications and confirm project site
location and dimensions;
review and summarize historical data and engineering studies;
collate data as required to prepare permit application, final design, bid
package;
conduct site surveying as required;
determine all permit requirements and obtain permits;
conduct supporting modeling (e.g., SBEACH) for engineering design;
develop construction drawings;
develop engineering plans and specifications;
recommend a post-project monitoring program
develop bid package; and
estimate construction costs.
c. Identify legal requirements for the use of state-owned submerged land.
d. Confirm with the Qualified Project Partner, the preferred alternative(s) for
erosion response at the project site.
e. Estimate total project costs of implementation of preferred alternatives and
cost-sharing requirements.
f. Provide financial point of contact.
2. To address erosion at Sylvan Beach, the Qualified Project Partner shall:
.....""...
a. Confer and cooperate with the GLO, the location and extent of the area.
b. Confer and cooperate with the GLO on the selection of the professional
service provider, scopes of work, and preferred alternatives.
c. Identify, document, and coordinate with the GLO any in-kind services that
will count toward the cost-sharing requirement under this Agreement:
labor;
contractual;
volunteers;
equipment; and
supplies.
d. Document local support (local associations, foundations, and others).
e. Provide data from local appraisal districts and taxing entities as needed.
f. Confer and cooperate with the GLO to establish a process for obtaining
landowner consent, if needed.
g. Disclose any other contractual relationship between the Qualified Project
Partner and the selected professional service provider (or their subcontractors)
during the Agreement term.
h. Provide financial point of contact.
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ATTACHMENT C-l
AMENDED BUDGET
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AMENDED BUDGET PAGE
Sylvan Beach Park - Shoreline Protection & Beach Nourishment
CEPRA PROJECT #1114
PROJECT COSTS
CONTRACTUAL AMOUNT
Task 1. Alternatives Analysis $50,000.00
Task 2. Permitting ( new task) $7,000.00
Task 3. Final Design (new task) $70,000.00
Task 4. Bid Package Development (new task) $8,000.00
TOTAL PROJECT COST NOT TO EXCEED $135,000.00
QUALIFIED PROJECT PARTNER (QPP): 15 % of total project costs
QPP Cash Commitment (original) $7,500.00
QPP Cash Commitment (amended additional) $12,750.00
QPP In-kind Commitment $0.00
QPP's TOTAL CONTRIBUTION (amended) $20,250.00
CEPRA: % of total project costs
CEPRA's CONTRIBUTION (original) $42,500.00
CEPRA's CONTRIBUTION (amended additional) $72,250.00
CEPRA's TOTAL CONTRIBUTION (amended) $114,750.00
PROJECT CONTRIBUTION (original) $50,000.00
TOTAL PROJECT CONTRIBUTIONS $135,000.00
COST SHARING SUMMARY
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COMMISSIONER
NORlH CHANNEL ANNEX #26
14350 W ALUSVILLE ROAD
HOUSTON, TEXAS 77049
(713) 455-8104
August 8, 2002
~1lJ1I.
V6-
Mr. Stephen Barr, Parks Supervisor
City of La Porte
1322 South Broadway
La Porte, Texas 77571
Re: Sylvan Beach Shoreline Restoration
Dear Mr. Barr:
The Harris County Precinct Two Parks Department is very interested in moving
forward with the Sylvan Beach Park shoreline restoration project.
Although this project is in the early stages of development we feel the opportunity
to participate in a one million-dollar shoreline restoration, at a cost of 7.5 percent to
Harris County, is a great benefit to the citizens of Harris County.
The Precinct Two Parks Department would like to proceed with the necessary legal
agreements between the City of La Porte and Harris County to keep this project on
line.
If you have any questions please call me at (713) 455-8104 or Mike Greer at (281)
326-6539.
Sincerely,
~L4
Gilbert Smith, Harris County Precinct Two
General Superintendent of Parks
GS/bb
cc: Mike Greer
~FCFrvED
AUG 1 2 2002
Parks ailQ h='l' . . D"" t
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