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HomeMy WebLinkAbout04-09-18 Regular Meeting of the La Porte City Council LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK KRISTIN MARTIN Councilmember At Large A Mayor Pro-Tem DOTTIE KAMINSKI Councilmember District 4 Councilmember At Large B JAY MARTIN DANNY EARP Councilmember District 5 Councilmember District 1 NANCY OJEDA CHUCK ENGELKEN Councilmember District 6 Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE MARCH 26, 2018 The City Council of the City of La Porte met in a regular meeting on Monday, March 26, 2018, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the following items of business: 1. CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present: Councilmembers Ojeda, J. Martin, K. Martin, Kaminski, Zemanek, Leonard, Engelken, and Earp. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, Assistant City Manager Jason Weeks, and Assistant City Attorney Clark Askins. 2. INVOCATION The invocation was given by Ben Rosenberger, Bayshore Baptist Church. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Danny Earp. 4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Recognitions Retirement of Dennis Hlavaty (City of La Porte Golf Course) Mayor Rigby Mayor Rigby recognized the retirement of Dennis Hlavaty. (b) Proclamation La Porte Special Olympics Shrimp Boil Day Mayor Rigby Mayor Rigby presented a proclamation for La Porte Special Olympics Shrimp Boil Day. 5. PUBLIC COMMENTS (Limited to five minutes per person.) Lori Murray, 309 S. Brownell, addressed Council with concerns of possible drug activity of a house across the street from her home in her neighborhood. 6. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of the meeting held on March 12, 2018 P. Fogarty (b) Consider approval or other action to exercise option for 3-year extension of commercial solid waste franchise agreement with WCA Waste Corporation D. Pennell Page 1 of 4 March 26, 2018 Council Meeting Minutes (c) Consider approval or other action regarding Bid #18010 for Audio Visual Equipment Upgrade at City of La Porte Police Department M. Dolby (d) Consider approval or other action authorizing the City Manager to execute a professional services contract with Burditt Consultants, L.L.C., for the design, bidding and construction phase services for design and construction of new facilities at Five Points, with a total authorization of $52,485.00 D. Pennell Councilmembers Earp, Zemanek and J. Martin had questions on Items b and d. Public Works Director Don Pennell and staff answered the questions. Councilmember Engelken made a motion to approve Consent Agenda Items a, b and c pursuant to staff recommendations. Councilmember Earp seconded the motion. MOTION PASSED UNANIMOUSLY 9/0. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Ojeda, Zemanek, Kaminski, Earp, J. Martin, and K. Martin Nays: None Absent: None Councilmember Earp made a motion to decline the bid for Consent Agenda Item d and instructed staff to go back out to bid for a design build. Councilmember Zemanek seconded the motion. MOTION PASSED UNANIMOUSLY 9/0. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Ojeda, Zemanek, Kaminski, Earp, J. Martin, and K. Martin Nays: None Absent: None 7. AUTHORIZATIONS/ORDINANCES (a) Code of Ordinances by eliminating front foot development fees for water and sewer services C. Alexander City Manager Corby Alexander presented a summary. Councilmember Earp made a motion to Code of Ordinances by eliminating front foot development fees for water and sewer services. Councilmember Engelken seconded. MOTION PASSED UNAIMOUSLY 9/0. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Ojeda, Zemanek, Kaminski, Earp, J. Martin, and K. Martin Nays: None Absent: None Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018-3699: AN ORDINANCE AMENDING CHAPTER 74 UTILITIES CITY OF LA PORTE BY ELIMINATING FRONT FOOT DEVELOPMENT GEES FOR WATER AND VERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS Page 2 of 4 March 26, 2018 Council Meeting Minutes OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINDED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 8. REPORTS (a) Receive report of the La Porte Development Corporation Board Councilmember Ojeda At the request of Councilmember Ojeda, Economic Development Coordinator Ryan Cramer provided a report of the La Porte Development Corporation Board meeting held prior to the City Council meeting. 9. ADMINISTRATIVE REPORTS There were no additional reports. 10. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information. Councilmember Earp congratulated Dennis Hlavaty on his retirement; wished the Special Olympics Shrimp Boil well on the event; and requested Staff to assist Ms. Murray with her concerns; Councilmember Ojeda reminded everyone of the upcoming Easter Services at 6:30 a.m., on Sunday morning and congratulated Assistant City Attorney Clarks Askins on his daughter playing a part on a sitcom this past week; Councilmembers J. Martin, K. Martin and Kaminski thanked Dennis Hlavaty for his services and congratulated him on his retirement; encouraged everyone to purchase tickets for the Special Olympics Shrimp Boil and requested Staff to assist Ms. Murray with her concerns; Councilmember Zemanek wished Dennis Hlavaty well on his retirement; commented the Special Olympics Program is a wonderful program; and expressed his excitement for opening day for the World Champs Houston Astros; Councilmember Leonard congratulated Dennis Hlavaty on his retirement and wished the Special Olympics Program well on the shrimp boil; Councilmember Engelken wished Dennis Hlavaty well in his retirement and requested assistance and an updas; and Mayor Rigby thanked Dennis Hlavaty for his services and commented he will be missed; commented the Special Olympics Program is a great program, and wished them well. 11. EXECUTIVE SESSION The City reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, including, but not limited to, the following: Texas Government Code, Section 551.074 Personnel Matter: Deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, unless the officer or employee requests a public hearing: Patrice Fogarty, City Secretary. Texas Government Code, Section 551.071(1)(A) Pending or Contemplated Litigation: Meet with City Attorney to discuss CMV enforcement issue raised by Perez Logistics. City Council recessed the regular Council meeting to convene an executive session at 6:34 p.m. regarding the items listed above. 12. RECONVENE into regular session and consider action, if any on item(s) discussed in executive session. Council reconvened the regular Council meeting at 7:34 p.m. Page 3 of 4 March 26, 2018 Council Meeting Minutes Regarding the discussion of CMV enforcement issues raised by Perez Logistics, there was no action taken. Regarding the evaluation of City Secretary Patrice Fogarty, Councilmember Engelken made a motion to give City Secretary Patrice Fogarty a 4 percent lump sum salary increase. Councilmember Leonard seconded. MOTION PASSED UNAIMOUSLY 9/0. 13. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the meeting at 7:35 p.m. Councilmember Leonard seconded the motion. MOTION PASSED UNANIMOUSLY 9/0. _______________________________ Patrice Fogarty, City Secretary Passed and approved on April 9, 2018. ________________________________ Mayor Louis R. Rigby Page 4 of 4 March 26, 2018 Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested April 9, 2018 Corby D. Alexander Source of Funds: Requested By Account Number: CMO Department: Amount Budgeted: Report: Resolution: Ordinance: Amount Requested: Budgeted Item: YES NO Exhibits: Consent Ordinance (redline) Exhibits: Consent Ordinance (clean) Exhibits: Amended and Restated Utility Agreement (redline) Exhibits: Amended and Restated Utility Agreement (clean) Exhibit: Deed Conveying property to Beazer SUMMARY & RECOMMENDATION On December 11, 2017, the City Council voted to approve an ordinance that created a Municipal Utility District. The ordinance contained a clause that it would only become effective if and when Beazer completed the purchase of the subject property. Beazer has closed on the purchase as indicated by the enclosed deed. However, Beazer has now requested that we revise the ordinance eliminating this provision that the ordinance become effective upon purchase. Beazer believes removing this provision will make gaining TCEQ approval easier as this type of clause is atypical for consent ordinances. Included in this agenda item is a revised ordinance deleting the above referenced provision. Additionally, the developer has acquire a new survey of the property. The new survey indicates that the property is 234.65 acres. The previous survey was for 234.686 acres with all documents reflecting the latter 234.686 acres. The enclosed consent ordinance, MUD petition, and utility agreement are revised to reflect the latest survey. Action Required by Council: Consider approval or other action Consent Ordinance and Utility Agreement associated with the creation of MUD 561. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO._______ AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS CONSENTING TO AND GRANTING A PETITION FOR THE CREATION OF HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 561, A MUNICIPAL UTILITY DISTRICT TO BE LOCATED WITHIN THE BOUNDARIES OF THE CITY OF LA PORTE, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS A 234.650 ACRE TRACT OF LAND SITUATED IN THE RICHARD PEARSALL SURVEY, ABSTRACT NO. 265, HARRIS COUNTY, TEXAS; APPROVING A UTILITY AGREEMENT BY AND BETWEEN THE CITY OF LA PORTE, TEXAS AND BEAZER HOMES TEXAS, L.P., ON BEHALF OF HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 561; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A REPEALING CLAUSE; PROVIDING FOR SEVERABILITY; CONTAINING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City creation the City, the boundaries of said District being legally described on Exhibit A, attached hereto; and WHEREAS, the petitioners request that the City Council authorize the Mayor to sign an Amended and Restated Utility Agreement between the City of La Porte and Beazer Homes Texas, L.P. on behalf of proposed Harris County Municipal Utility District No. 561; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. That all of the recitals and preambles hereinabove stated are found to be true and correct and are incorporated herein and made a part of this Ordinance. Section 2. That the petition seeking the City's consent to the creation of HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 561, is hereby granted subject to the terms and conditions set forth in Exhibit B in for all purposes. 1522692971x_at.docx Section 3. That the Amended and Restated Utility Agreement by and between the City and Beazer Homes Texas, L.P. on behalf of proposed Harris County Municipal Utility District No. 561, a copy of which is attached hereto as Exhibit C and incorporated herein for all purposes, is hereby approved and the Mayor of the City is hereby authorized to execute the Agreement on behalf of the City. Section 4. All ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. Section 5. In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect , impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of La Porte, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part. Section 6. 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 is 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 Chapter 551, TX. 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 7. This Ordinance shall be effective upon its passage and approval. -2- 1522692971x_at.docx th PASSEDANDAPPROVEDthis9dayofApril, 2018. CITY OF LA PORTE, TEXAS _______________________________ Louis R. Rigby, Mayor ATTEST: _________________________________ Patrice Fogarty, City Secretary APPROVED AS TO FORM: ________________________________ Clark Askins, City Attorney -3- 1522692971x_at.docx 1522692971x_at.docx 1522692971x_at.docx 1522692971x_at.docx 1522692971x_at.docx ExhibitB Consent Conditions (a) To the extent authorized by law, the District will issue bonds only for the purpose of purchasing and constructing, or purchasing, or constructing under contract with the City of La Porte, or otherwise acquiring waterworks systems, sanitary sewer systems, storm sewer systems, drainage facilities, recreational facilities, road facilities, or parts of such systems or facilities, and to make any and all necessary purchases, construction, improvements, extensions, additions, and repairs thereto, and to purchase or acquire all necessary land, right-of-way, easements, sites, equipment, buildings, plants, structures, and facilities therefor, and to operate and maintain drainage facilities and recreational facilities, and for refunding such bonds. Such bonds will expressly provide that the District reserves the right to redeem the bonds on any interest- payment datesubsequent to the fifteenth (15th) anniversary of the date of issuance without premium and will be sold only after the taking of public bids therefor, and none of such bonds, other than refunding bonds, will be sold for less than 95% of par; provided that the net effective interest rate on bonds so sold,taking into account any discount or premium as well as the interest rate borne by such bonds, will not exceed two percent (2%) above the highest average interest rate reported by the Daily Bond Buyer in its weekly Bond during the one-month period next preceding the date notice of the sale of such bonds is given, and that bids for the bonds will be received not more than forty- five (45) days after notice of sale of the bonds is given. No land located within the city limits or extraterritorial jurisdiction of the City of La Porte will be added or annexed to the District until the City of La Porte has given its written consent by resolution or ordinance of the City Council to such addition or annexation. (b) (1) Before the commencement of any construction within the District, its directors, officers, or developers and landowners will submit to the Director of the Department of Public Works of the City of La Porte, or to his designated representative, all plans and specifications for theconstruction of water, sanitary sewer, drainage, and road facilities and related improvements to serve the District and obtain the approval of such plans and specifications therefrom. All water wells, water meters, flushing valves, valves, pipes, and appurtenances thereto, installed or used within the District, will conform exactly to the specifications of the City of La Porte. All water service lines and sewer service lines, lift stations, sewage treatment facilities, and road facilities, and appurtenances thereto, installed or used within the District will comply with the City of La Porte's standard plans and specifications as amended from time to time. Prior to the construction of any water, sanitary sewer, drainage or road facilities within or by the District, the District or its engineer will give written notice by registered or certified mail to the Director of Public Works, stating the date that such construction will be commenced. The construction of the District's water, sanitary sewer, drainage and road facilities will be in accordance with the approved plans and specifications, and with applicable standards and specifications of the City of La Porte; and during the progress of the construction and installation of such facilities, the Director of Public Works of the City of La Porte, or an employee thereof, may make periodic on-the-ground inspections. 1522692971x_at.docx (2)BeforetheexpenditurebytheDistrictofbondproceedsfortheacquisition, construction or development of recreational facilities, the District shall obtain and maintain on file, froma registered landscape architect, registered professional engineer or a design professional allowed by law to engage in architecture, a certification that the recreational facilities, as constructed, conform to the applicable recreational facilities design standards and specifications of the City of Department of Parks and Recreation and shall submit a copy of the certification and the plans and specifications for such recreational facilities to the Director of the City of La Porte Parks and Recreation Department. (c) The District, its board of directors, officers, developers, and/or landowners will not permit the construction, or commit to any development within, the District that will result in a wastewater flow to the serving treatment facility which exceeds that facility's legally permitted average daily flow limitations or the District's allocated capacity therein. (d) Prior to the sale of any lot or parcel of land, the owner or the developer of the land included within the limits of the District will obtain the approval of the Planning Commission of the City of La Porte of a plat which will be duly recorded in the Real Property Records of Harris County, Texas, and otherwise comply with the rules and regulations of the City of La Porte. 1522692971x_at.docx AMENDED AND RESTATED UTILITY AGREEMENT THIS AMENDED AND RESTATED UTILITY AGREEMENT Agreement') is made and entered into as of April 9, 2018, by THE CITY OF LA PORTE, TEXAS (the "City"), a home rule municipality in Harris County, Texas, acting by and through its governing body the City Council of La Porte Texas; and BEAZER HOMES TEXAS, L.P.., a Delaware limited partnership on behalf of proposed Harris County Municipal Utility District No. 561. RECITALS The City and Developer entered into a Utility Agreement dated December 11, 2017 (the , when Developer was under contract to purchase approximately 234.686 acres of land in Harris County, Texas, as described therein Developer desires to develop a quality master-planned single-family and multi-family residential community with senior living facilities and supporting commercial uses within the Tract. The Tract is located within the corporate boundaries of the City. Developer intends to create Harris County Municipal Utility District No. 561 within the City's corporate limits for the purposes of, among other matters, providing water distribution, wastewater collection, and storm sewer and drainage, recreational and road facilities to serve development occurring within the District. The District will contain the Tract. The City is a municipal corporation and is operating under the home rule municipality laws of the State of Texas. The City has the power under the laws of the State of Texas to acquire, own, and operate a water and sanitary sewer system and works and improvements necessary for the drainage of the lands in the City. The City also has the authority to contract with a district organized under the authority of Article XVI, Section 59, of the Constitution of Texas, whereby the District will acquire or construct for the City (i) water distribution systems and sanitary sewer collection to connect to the water supply or treatment systems and (ii) improvements necessary for the drainage of lands in the City. The City and Developer on behalf of the District may enter into an agreement under the terms of which the District will acquire for the benefit of and conveyance to the City the water distribution, wastewater collection, and storm sewer facilities needed to serve lands being developed within the boundaries of the District. The City and Developer have determined that they are authorized by the Constitution and laws of the State of Texas to enter into this Agreement and have further determined that the terms, provisions, and conditions hereof are mutually fair and advantageous to each. After acquisition of the Original Acreage, the survey was updated and provides for a slight revision in the metes and bounds description and the total acreage. The updated metes and bounds 1522693108x_at.docx_4 description reflects approximately 234.650acres of land in HarrisCounty, Texas, and is described by metes and bounds in Exhibit A . The City and Developer desire to amend the Original Agreement to delete Exhibit A in the Original Agreement and replace it with Exhibit A attached hereto. AGREEMENT For and in consideration of these premises and of the mutual promises, obligations, covenants, and benefits herein contained, the City and Developer on behalf of the District contract and agree as follows: ARTICLE I DEFINITIONS The capitalized terms and phrases used in this Agreement shall have the meanings as follows: Section 3.01. context: the City; Harris County, Texas; the TCEQ; the Attorney General of Texas; the Comptroller of Public Accounts of Texas; the United States Department of Justice; and all other federal, state, and local governmental authorities having regulatory jurisdiction and authority over the financing of the Facilities, the construction of the Facilities, or the subject matter of this Agreement. means the District's bonds, notes, or other evidences of indebtedness issued from time to time for the purpose of purchasing, constructing, acquiring, operating, repairing, improving, or extending the Facilities, and for such other purposes permitted or provided by state law, whether payable from ad valorem taxes, the proceeds of one or more future bond issues, or otherwise, and including any bonds, notes, or similar obligations issued to refund such bonds. La Porte, Texas. means and includes the water distribution, wastewater collection, and drainage systems (but not including detention systems), recreational facilities within road rights-of-way, including trails and sidewalks, and road facilities constructed or acquired or to be constructed or acquired by the District to serve lands within and near its boundaries, and all improvements, appurtenances, additions, extensions, enlargements, or betterments thereto, including any pro rata interest or share in such facilities, together with all contract rights, permits, licenses, properties, rights-of-way, easements, sites, and other interests related thereto. 2 the inclusion of land within the District in accordance with Texas Water Code Section 54.016, as amended. terms of this Agreement, including, but not limited to, costs of construction, acquisition, and installation; engineering fees and expenses; costs of advertising; costs of acquiring necessary licenses, permits, waste control orders, discharge permits or amendments thereto; fiscal, legal, and administrative costs; material-testing costs; site, easement, and permit costs; and all other costs and expenses directly relating to the foregoing, together with an amount for contingencies on estimated Construction Costs of fifteen percent (15%) of the foregoing, provided that no contingency amount shall be included in "Construction Costs" regarding a particular construction project once that project is complete. means Beazer Homes Texas, L.P. Harris County Municipal Utility District No. 561, a body politic and corporate and a political subdivision of the State of Texas organized under the provisions of Article XVI, Section 59 of the Texas Constitution. Any references herein to District shall mean Developer; provided that upon assignment of this Agreement by Developer to the District pursuant to Section 11.11 below, any references herein to the District shall mean the District. all rights, title, and interests of the District in and to the Facilities, (ii)any Bonds of the District which are authorized but have not been issued by the District, (iii) all rights and powers of the District under any agreements or commitments with any persons or entities pertaining to the financing, construction, or operation of all or any portion of the Facilities and/or the operations of the District, (iv) all cash and investments, and amounts owed to the District, and (v) all books, records, files, documents, permits, funds, and other materials or property of the District. any engineering firm as the District may engage from time to time. all outstanding Bonds of the District, (ii) all other debts, liabilities, and obligations of the District to or for the benefit of any persons or entities relating to the financing, construction, or operation of all or any portion of the Facilities or the operations of the District, and (iii) all functions performed and services rendered by the District for and to the owners of property within the District and the customers of the services provided from the Facilities. drainage and detention systems, recreational facilities outside of a City road right-of-way, and road facilities constructed or acquired or to be constructed or acquired by the District to serve lands within and near its boundaries, and all improvements, appurtenances, additions, extensions, enlargements, or betterments thereto, including any pro rata interest or share in such facilities, together with all contract rights, permits, licenses, properties, rights-of-way, easements, sites, and other interests related thereto. 3 in Section 4.04. successors exercising any of its duties and functions related to water conservation and reclamation districts. ARTICLE II REPRESENTATIONS Section 2.01 Representations of the City. The City hereby represents to Developer that: (a) This Agreement has been duly authorized, executed and delivered by the City and, constitutes a legal, valid and binding obligation of the City, enforceable in accordance with its terms. (b) The execution, delivery and performance of this Agreement by the City does not require the consent or approval of any Person which has not been obtained. Section 2.02 Representations of Developer. Developer hereby represents to the City that: (a) It is duly authorized, created and existing under the laws of the State of Texas, is qualified to do business in the State of Texas and is duly qualified to do business wherever necessary to carry on the operations contemplated by this Agreement. (b) It has the power, authority and legal right to enter into and perform its obligations set forth in this Agreement, and the execution, delivery and performance hereof (i) have been duly authorized, will not, to the best of its knowledge, violate any judgment, order, law or regulation applicable to it or any provisions of its articles of incorporation and by-laws, and (ii) do not constitute a default under, or result in the creation of any lien, charge, encumbrance or security interest upon any of its assets under, any agreement or instrument to which it is a party or by which it or its assets may be bound or affected. (c) It has sufficient capital to perform its obligations under this Agreement. (d) This Agreement has been duly authorized, executed and delivered and constitutes a legal, valid and binding obligation of such entity, enforceable in accordance with its terms. (e) With respect to Developer only, the petition for the creation of a municipal utility district and the petition for consent to the creation of a municipal utility district that have been previously submitted to the City have been duly authorized, executed and delivered. 4 (f) The execution, delivery and performance of this Agreement by itdoes not require the consent or approval of any Person which has not been obtained. ARTICLE III DESIGN AND CONSTRUCTION OF THE FACILITIES Section 3.01 Design. The Facilities shall be designed by the District Engineer in accordance with sound engineering principles and in compliance with all applicable requirements of the Approving Bodies. The plans and specifications for the Facilities shall be subject to review and approval by the shall not make any changes to the Approved Plans without the approval of the City. The City shall not require that the Facilities be designed to requirements more stringent than the City's requirements applicable to the design of similar facilities outside the District but within the City's jurisdiction. The District shall design the Facilities in such phases or stages as the District and/or Developer from time to time, in their sole discretion, may determine to be necessary and economically feasible. Section 3.02 Construction. When the District determines, in its sole discretion, that it is necessary and economically feasible to construct the Facilities, the District shall proceed to award a construction contract for the Facilities based upon the Approved Plans. The Facilities shall be installed, construction contracts shall be awarded, and payment and performance bonds obtained all in accordance with the general law for municipal utility districts and in full compliance with the applicable requirements of the Approving Bodies. In addition to any other construction contract provisions, any construction contract for the Facilities shall include the contractor's one (1) year warranty of work performed under the contract. The District shall file all required documents with the TCEQ. Section 3.03 Acceptance of Facilities. Upon completion of the Facilities, the District shall order the District Engineer to certify that the Facilities have been completed in substantial compliance with the Approved Plans, and the District shall certify that all bills and sums of money due in connection with the construction and installation of the Facilities have been fully paid and that the Facilities are free of any and all liens and claims, all according to the certification of the construction contractor. The District shall require the District Engineer to provide three (3) copies of construction drawings of the Facilities to the District. The District shall accept the construction of the Facilities in writing from the construction contractor. The District shall then convey the City Facilities to the City in accordance with the City's procedure for acceptance of such facilities in areas outside the District and within the City and the provisions of Article IV below. Section 3.04 Permits, Fees, and Inspections. The District understands and agrees that all City ordinances and codes, including applicable permits, fees, and inspections, shall be of full force and effect within its boundaries the same as to other areas within the City's corporate limits; provided, however, that no permits, permit fees, or inspection fees shall be required for the Facilities to be conveyed to the City. 5 ARTICLE IV FINANCING OF THE FACILITIES Section 4.01 Authority of District to Issue Bonds. The District shall have authority to issue, sell, and deliver Bonds from time to time, as deemed necessary and appropriate by the Board of Directors of the District, for the purposes, in such forms and manner, and as permitted or provided by federal law, the general laws of the State of Texas, and the Consent Ordinance; provided, however, that such authority to issue, sell, and deliver Bonds will be limited to Bonds issued, sold, and delivered for the purpose of reimbursing Developer or any other developers within the District for the purposes described in Exhibit B of the Consent Ordinance and for the repair and rehabilitation of Facilities to be owned and maintained by the District. . Section 4.02 Distribution of Bond Proceeds. The proceeds of Bonds issued by the District shall be used and may be invested or reinvested, from time to time, as provided in the order or orders of the District authorizing the issuance, sale, and delivery of such Bonds and in accordance with the federal, state, and local laws and regulations governing the proceeds of the District's sale of its Bonds. Section 4.03 Bonds as Obligation of District. Unless and until the City shall dissolve the District and assume the District Assets and District Obligations, the Bonds of the District, as to both principal and interest, shall be and remain obligations solely of the District and shall never be deemed or construed to be obligations or indebtedness of the City. Section 4.04 Financing by Third Parties. From time to time, the District may enter into one or Developer or other landowners of property located within the District whereby Developer or such landowners will construct the Facilities on behalf of the District or advance funds to or on behalf of the District for the acquisition and construction of the Facilities. The construction of any Facilities financed under the terms of a Financing and Reimbursement Agreement shall be subject to all the terms and conditions of this Agreement. Each Financing and Reimbursement Agreement will provide for the District's reimbursement of the person or entity advancing funds for the Facilities (i) from the proceeds of the District's sale of its Bonds, subject to all the terms and conditions of such Financing and Reimbursement Agreement, including, among other conditions, the approval of the TCEQ of the sale of the Bonds and the use of sale proceeds for such purpose; and/or (ii) from District funds lawfully available for such purpose. ARTICLE V OWNERSHIP, OPERATION, AND MAINTENANCE OF FACILITIES Section 5.01 Conveyance of Facilities. As the City Facilities are constructed and accepted in accordance with Article II and the City Facilities are conveyed to the City under this Article V, the 6 construction contractor's one (1) year warranty of its work shall be assigned to the City, as required under Section 3.02 above. Section 5.02 City Acceptance. As the Facilities are constructed and completed, representatives of the City shall inspect the same and, if the City finds that the City Facilities have been completed in substantial compliance with the approved plans and specifications, the City will accept the conveyance of the City Facilities, and the City Facilities so conveyed shall be operated, maintained, and repaired by the City at its sole expense as provided in this Agreement. The City shall accept ownership of the City Facilities under this Section 5.02 in accordance with the City's procedure for acceptance of such facilities in areas outside the District and within the City. If the City Facilities have not been completed in substantial compliance with the approved plans and specifications, the City will immediately advise in what manner the City Facilities do not comply so that the problems may immediately be corrected; whereupon the City shall again inspect the City Facilities and accept the same if the non-complying items have been corrected. In conjunction with the City's acceptance of the City Facilities, the City shall be provided with one (1) set of the construction drawings for such City Facilities. Section 5.03 Operation of the Facilities by the City. Upon the acceptance of the City Facilities by the City, the City will operate the City Facilities and provide services from the City Facilities to users within the District without discrimination. The City shall at all times maintain the City Facilities, or cause the same to be maintained, in good condition and working order and will operate the same, or cause the same to be operated, in an efficient and economical manner at a reasonable cost and in accordance with sound business principles, and the City will comply with all the terms and conditions of this Agreement and with all applicable federal, state, and local laws and regulations. (a) The City shall provide competent, trained personnel, licensed or certified as necessary by the appropriate regulatory authority, to operate, inspect, maintain, and repair the City Facilities. The City shall implement a scheduled maintenance program for the City Facilities and shall ensure that the City Facilities are maintained in the same fashion and with the same frequency as similar facilities owned and operated by the City to serve areas outside the District. (b) The City shall maintain all customer information and records necessary to provide monthly billings to customers served by the City Facilities. The City shall respond to inquiries or correspondence from governmental or regulatory authorities and the District's directors, customers, or consultants. Section 5.04 Rates and Conditions of Service. The connection of improvements to the water and sanitary sewer City Facilities shall be made in the same manner, by the same procedures, and for the same charges, if any, per City policy for other water and wastewater connections. Water and wastewater customers within the District shall pay rates and charges for such services to the City, on the same basis and conditions as the City provides such services to similar City customers who do not receive services from the Facilities. The equivalent number of single family residences attributable to any particular connection shall be computed in accordance with the service unit factors determined by the City in its sole discretion, provided that the City shall always apply the same service unit factors 7 within the District as it applies to other areas within the City. The City shall bill and collect charges from the customers of the City Facilities, calculated in accordance with this Section 5.04, in the same manner and under the same procedures as it bills and collects from other customers of the City that are not served by the City Facilities. Section 5.05 Repair of the Facilities. After its acceptance of the City Facilities, the City shall provide all personnel and equipment necessary to perform repairs on, and shall bear sole cost responsibility for repair of, the City Facilities, including, but not limited to, service line leaks, leaks at water meters, water main breaks, repairs to valves and fire hydrants, manhole repairs, and sanitary sewer line repair and cleaning, as needed. The City shall not, however, bear cost or responsibility for initial repair of any equipment or facilities identified by the City as in need of correction prior to the City's acceptance of the City Facilities under Section 5.02 above. The cost of all materials and supplies used to operate, maintain, and repair the Facilities shall be borne solely by the City. ARTICLE VI CITY PLANT CAPACITY Section 6.01 Water Supply and Distribution Facilities. The City shall provide the District with its ultimate requirements for water supply and distribution capacities. The number and location of the points of connection between the City's water distribution system and the Facilities shall be mutually agreed upon by the District and the City. The City acknowledges its obligation to provide water supply and distribution capacities for the actual requirements of the development within the District's boundaries. Any water supply and distribution capacities so required by the District shall be reserved and allocated by the City exclusively to serve the property within the District and the City shall not use such capacities to serve any other property. The City shall at all times manage the capacities in its water supply and distribution facilities so that capacity to serve development within the District is available at the time such improvements are to be connected to the Facilities. To enable the City to effectively manage its water system capacities in compliance with the City's obligation under this Section 6.01, the District shall provide to the City, by December 31 of each year during the term of this Agreement, a written projection of the new improvements within the District expected to be connected to the Facilities within the coming year, and such other related information as the City may reasonably require. The City confirms that 1,200 equivalent single-family connections of excess water supply are available to serve the Tract and will remain available to serve the Tract so long as development of the Tract commences within 3 years of the date of this Agreement and is complete within 15 years of the date of this Agreement. Section 6.02 Wastewater Collection and Treatment Facilities. The number and location of the points of connection between the City's wastewater collection system and the Facilities shall be mutually agreed upon by the District and the City. The City acknowledges its obligation to provide wastewater collection and treatment capacities for the actual requirements of the development within District shall be reserved and allocated by the City exclusively to serve the property within the District and the City shall not use such capacities to serve any other property. The City shall at all times manage 8 the capacities in its wastewater collection and treatment facilities so that capacity to serve development within the District is available at the time such improvements are to be connected to the Facilities. To obligation under this Section 6.02, the District shall provide the City no less than annually a written projection of the new improvements within the District expected to be connected to the Facilities within the coming year, and such other related information as the City may reasonably require. The City confirms that 1,200 equivalent single-family connections of excess wastewater treatment are available to serve the Tract and will remain available to serve the Tract so long as development of the Tract commences within 3 years of the date of this Agreement and is complete within 15 years of the date of this Agreement. Section 6.03 Letter of Capacity Assurance; Assignability. The City agrees that the City shall, upon reasonable request from the District, issue a letter of assurance to the owner of platted property within the District confirming water and wastewater utility availability for such platted property, based upon the standard City criteria published by the City regarding the calculation of water and wastewater requirements for various types of improvements. ARTICLE VII DISTRICT AND OVERLAPPING TAXES Section 7.01 Overlapping Taxes. The City agrees that no portion of City taxes to be derived from the taxpayers of the District will be used to finance elsewhere in the City services the District proposes to provide, and the City and the District agree that no portion of City taxes to be derived from the taxpayers of the District are required to be rebated to the District. Section 7.02 District Taxes. The District is authorized to assess, levy, and collect ad valorem taxes upon all taxable properties within the District to provide for (i) the payment in full of the District Obligations, including principal, redemption premium, if any, or interest on the Bonds and to establish and maintain any interest and sinking fund, debt service fund, or reserve fund and (ii) for maintenance purposes, all in accordance with applicable law. The parties agree that nothing herein shall be deemed or construed to prohibit, limit, restrict, or otherwise inhibit the District's authority to levy ad valorem taxes as the Board of Directors of the District from time to time in its sole discretion may determine to be necessary for the Facilities consistent with the consent conditions in the Consent Ordinance. The City and the District recognize and agree that all ad valorem tax receipts and revenues collected by the District shall become the property of the District and may be applied by the District to the payment of all proper debts, obligations, costs, and expenses of the District and may be pledged or assigned to the payment of all or any designated portion of the principal or redemption premium, if any, or interest on the Bonds or otherwise in accordance with applicable law. ARTICLE VIII DISSOLUTION OF THE DISTRICT 9 Section 8.01 Dissolution of District. The City and District recognize and agree that the City may, pursuant to the procedures and provisions and subject to the limitations set forth in the laws of the State of Texas including, but not limited to, Section 43.074, Texas Local Government Code, abolish and dissolve the District and assume the District Assets and District Obligations upon a vote of not less than two-thirds (2/3) of the entire membership of the City Council to adopt an ordinance to such effect, if the City Council finds: (a) that the District is no longer needed, (b) that the services and functions performed by the District can be served and performed by the City, and (c) that it would be in the best interests of the citizens and property within the District and the City that the District be abolished. In order to ensure that the property owners and inhabitants of the City and the District are afforded sufficient time and opportunity to realize the benefits and public utility to be derived from the creation and operation of the District and the financing, construction and implementation of the plan of improvements for the District, and in order to contribute to the financial stability and feasibility of the District by ensuring a sufficient longevity of the District's existence to permit the District to reach a satisfactory level of financial maturity, the City agrees that the District shall not be abolished until such time as the District is fully developed and has sold all Bonds necessary to finance the costs of the Facilities and has reimbursed Developer and any other landowners within the District in accordance with the Financing and Reimbursement Agreements previously entered into by the District. Section 8.02 Transition upon Dissolution. In the event all required findings and procedures for the dissolution of the District have been duly, properly, and finally made and satisfied by the City, and unless otherwise mutually agreed by the City and the District pursuant to then existing law, the District agrees that its officers, agents, and representatives shall be directed to cooperate with the City in any and all respects reasonably necessary to facilitate the dissolution of the District and the transfer of the District Assets to and the assumption of the District Obligations by the City. ARTICLE IX MATERIAL BREACH, NOTICE AND REMEDIES Section 9.01 Material Breach of Agreement. (a) The parties acknowledge and agree that any substantial deviation by the District from the material terms of this Agreement would frustrate the intent of this Agreement and, therefore, would be a material breach of this Agreement. By way of example, a substantial deviation from the material terms of this Agreement by the District would be the failure of the District to obtain approval from the City prior to annexing an additional property into the District as provided for herein. (b) The parties acknowledge and agree that any substantial deviation by the City from the material terms of this Agreement would frustrate the intent of this Agreement and, therefore, would be a material breach of this Agreement. By way of example, a substantial deviation from the material terms of this Agreement would be an attempt by the City to dissolve the District other than as provided for herein. 10 (c) In the event that a party to this Agreement believes that another party has, by act or omission, committed a material breach of this Agreement, the provisions of this Article IX shall provide the sole remedies for such default, unless otherwise specifically provided herein. Section 9.02 Notice of District's Default. (a) The City shall notify the District in writing of an alleged failure by the District to comply with a provision of this Agreement, which notice shall specify the alleged failure with reasonable particularity. The District shall, within thirty (30) days after receipt of such notice or such longer period of time as the City may specify in such notice, either cure such alleged failure or, in a written response to the City, either present facts and arguments in refutation or excuse of such alleged failure or state that such alleged failure will be cured and set forth the method and time schedule for accomplishing such cure. (b) The City shall determine (i) whether a failure to comply with a provision has occurred; (ii) whether such failure is excusable; and (iii) whether such failure has been cured or will be cured by the District. The District shall make available and deliver to the City, if requested, any records, documents or other information necessary to make the determination without charge. (c) In the event that the City determines that such failure has not occurred, or that such failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the City, or that such failure is excusable, such determination shall conclude the investigation. (d) If the City determines that a failure to comply with a provision has occurred and that such failure is not excusable and has not been or will not be cured by the District in a manner and in accordance with a schedule reasonably satisfactory to the City, then the City may pursue the remedies provided in Section 9.04. Section 9.03 Notice of City's Default. (a) The District shall notify the City in writing of an alleged failure by the City to comply with a provision of this Agreement, which notice shall specify the alleged failure with reasonable particularity. The City shall, within 30 days after receipt of such notice or such longer period of time as the District may specify in such notice, either cure such alleged failure or, in a written response to the District, either present facts and arguments in refutation or excuse of such alleged failure or state that such alleged failure will be cured and set forth the method and time schedule for accomplishing such cure. (b) The District shall determine (i) whether a failure to comply with a provision has occurred; (ii) whether such failure is excusable; and (iii) whether such failure has been cured or will be cured by the City. The City shall make available and deliver to the District, if requested, any records, documents or other information necessary to make the determination without charge. 11 (c) In the event that the District determines that such failure has not occurred, or that such failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the District, or that such failure is excusable, such determination shall conclude the investigation. (d) If the District determines that a failure to comply with a provision has occurred and that such failure is not excusable and has not been or will not be cured by the City in a manner and in accordance with a schedule reasonably satisfactory to the District, then the District may pursue the remedies provided in Section 9.04. Section 9.04 Remedies. (a) In the event of a determination by the City that the District has committed a material breach of this Agreement the City may, subject to the provisions of Section 9.02, file suit in a competent jurisdiction in Harris County, Texas, and seek either (1) specific performance, (ii) injunctive relief, (iii) an action under the Uniform Declaratory Judgment Act, or (iv) termination of this Agreement. (b) In the event of a determination by the District that the City has committed a material breach of this Agreement, the District may, subject to the provisions of Section 9.03, file suit in a court of competent jurisdiction in Harris County, Texas, and seek (1) specific performance, (ii) injunctive relief, (iii) an action under the Uniform Declaratory Judgment Act, or (iv) termination of this Agreement. (c) Neither party shall be liable for any monetary damages of the other party for any reason whatsoever, including punitive damages, exemplary damages, consequential damages or attorneys' fees. ARTICLE X BINDING AGREEMENT, TERM, AND AMENDMENT Section 10.01 Beneficiaries. This Agreement shall bind and inure to the benefit of the City and the District, their successors and assigns, including any additional districts created by division of the District. Section 10.02 Term. This Agreement shall remain in effect until the earlier to occur of (i) the dissolution of the District by the City or (ii) the expiration of thirty (30) years from the date hereof. Section 10.03 Termination. In the event this Agreement is terminated as provided in this Agreement or is terminated pursuant to other provisions, or is terminated by mutual agreement of the parties, the parties shall promptly execute and file of record, in the Real Property Records of Harris County, Texas, a document confirming the termination of this Agreement, and such other documents as may be appropriate to reflect the basis upon which such termination occurred. 12 Section 10.04 Amendment. This Agreement may be amended only upon written amendment executed by the parties affected by such amendment. ARTICLE XI MISCELLANEOUS PROVISIONS Section 11.01 Notice. The parties contemplate that they will engage in informal communications with respect to the subject matter of this Agreement. However, any formal notices or other ll be given in writing addressed to the party to be notified at the address set forth below for such party, (a) by delivering the same in person, (b) by depositing the same in the United States Mail, certified or registered, return receipt requested, postage prepaid, addressed to the party to be notified; (c) by depositing the same with FedEx or another nationally recognized courier service guaranteeing "next day delivery," addressed to the party to be notified, or (d) by sending the same by telefax with confirming copy sent by mail. Notice deposited in the United States mail in the manner herein above described shall be deemed effective from and after three (3) days after the date of such deposit. Notice given in any other manner shall be effective only if and when received by the party to be notified. For the purposes of notice, the addresses of the parties, until changed as provided below, shall be as follows: City: City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 Attn: City Secretary With copy to: Mr. Clark Askins Askins & Askins 702 W. Fairmont Parkway La Porte, Texas 77571 Developer: Beazer Homes Texas, L.P. Attn: Mr. Jeff Anderson 10235 West Little York, Suite 200 Houston, TX 77040 District: Allen Boone Humphries Robinson LLP Attn: Jim Boone 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 13 The parties shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States of America by giving at least 5 days written notice to the other parties. If any date or any period provided in this Agreement ends on a Saturday, Sunday, or legal holiday, the applicable period for calculating the notice shall be extended to the first business day following such Saturday, Sunday or legal holiday. Section 11.02 Severability by Court Action. Unless the court applies Section 11.03, if any provision of this Agreement or the application thereof to any person or circumstance is ever judicially declared invalid, such provision shall be deemed severed from this Agreement, and the remaining portions of this Agreement shall remain in effect. Section 11.03 Invalid Provisions. If any provision of this Agreement or the application thereof to any person or circumstance is prohibited by or invalid under applicable law, it shall be deemed modified to conform with the minimum requirements of such law, or, if for any reason it is not deemed so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder thereof or any such other provision being prohibited or invalid. Section 11.04 Waiver. Any failure by a party hereto to insist upon strict performance by the other party of any provision of this Agreement shall not be deemed a waiver thereof or of any other provision hereof, and such party shall have the right at any time thereafter to insist upon strict performance of any and all of the provisions of this Agreement. Section 11.05 Applicable Law and Venue. The construction and validity of this Agreement shall be governed by the laws of the State of Texas without regard to cont1icts of law principles. Venue shall be in Harris County, Texas. Section 11.06 Reservation of Rights. To the extent not inconsistent with this Agreement, each party reserves all rights, privileges, and immunities under applicable laws, including sovereign immunity, except to enforce any rights and remedies under this Agreement. Section 11.07 Further Documents. The parties agree that at any time after execution of this Agreement, they will, upon request of another party, execute and deliver such further documents and do such further acts and things as the other party may reasonably request in order to effectuate the terms of this Agreement. Section 11.08 Incorporation of Exhibits and Other Documents by Reference. All Exhibits and other documents attached to or referred to in this Agreement are incorporated herein by reference for the purposes set forth in this Agreement. Exhibit A to the Original Agreement is hereby deleted and replaced with Exhibit A attached hereto. Section 11.9 Effect of State and Federal Laws. Notwithstanding any other provision of this Agreement, the District shall comply with all applicable statutes or regulations of the United States and 14 the State of Texas, as well as any City ordinances to the extent not in conflict with this Agreement, and any rules implementing such statutes or regulations. Section 11.10 Authority for Execution. The City hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with City ordinances. The District hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted by the District's board of directors. Section 11.11 Creation of the District. The rights, duties and obligations of the District hereunder shall be the rights, duties and obligations of Developer. Upon the creation of and confirmation of the District, the District shall automatically assume all rights, duties and obligations of Developer under this Agreement and Developer shall have no further liability under this Agreement, without any further action by the District, Developer, or the City being necessary. Section 11.12 Force Majeure. In the event any party is rendered unable, wholly or in part, by force majeure to carry out any of its obligations under this Agreement, except the obligation to pay amounts owed or required to be paid pursuant to the terms of this Agreement, then the obligations of such party, to the extent affected by such force majeure and to the extent that due diligence is being used to resume performance at the earliest practicable time, shall be suspended during the continuance of any inability so caused to the extent provided but for no longer period. As soon as reasonably possible after the occurrence of the force majeure relied upon, the party whose contractual obligations are affected thereby shall give notice and full particulars of such force majeure to the other party. Such used herein, shall include without limitation of the generality thereof, acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind of the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, drought, arrests, restraint of government, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, partial or entire failure of water supply resulting in an inability to provide water necessary for operation of the water and wastewater systems hereunder, and any other inabilities of any party, whether similar to those enumerated or otherwise, which are not within the control of the party claiming such inability, which such party could not have avoided by the exercise of due diligence and care. Section 11.13 Parties in Interest. This Agreement shall be for the sole and exclusive benefit of the parties hereto and shall not be construed to confer any rights upon any third parties. Section 11.14 Merger. This Agreement embodies the entire understanding between the parties and there are no representations, warranties, or agreements between the parties covering the subject matter of this Agreement other than the Consent Ordinance between the City and the District. If any provisions of the Consent Ordinance appear to be inconsistent or in conflict with the provisions of this Agreement, then the provisions contained in this Agreement shall be interpreted in a way which is consistent with the Consent Ordinance. 15 Section 11.15 Modification. This Agreement shall be subject to change or modification only with the mutual written consent of the City and the District. Section 11.16 Captions. The captions of each section of this Agreement are inserted solely for convenience and shall never be given effect in construing the duties, obligations or liabilities of the parties hereto or any provisions hereof, or in ascertaining the intent of either party, with respect to the provisions hereof. Section 11.17 Interpretations. This Agreement and the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to sustain the validity of this Agreement. Section 11.18 Voter Trailer. The City agrees that a trailer may be located on the Tract to provide housing for voters in connection with the election to confirm the District, authorize bonds for the District, and elect the initial board of directors for the District; provided, however, that the trailer may not be located on the Tract for a period of time exceeding 8 months. \[EXECUTION PAGES FOLLOW\] 16 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of equal dignity, as of the date first given above. THE CITY OF LA PORTE, TEXAS By: ATTEST: Mayor By City Secretary (SEAL) APPROVED AS TO FORM: By: City Attorney THE STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me on the _____ day of ______________, 2018, by ____________________, Mayor of the City of La Porte, Texas. Notary Public, State of Texas \[Official Notary Stamp\] 17 BEAZER HOMES TEXAS, L.P., a Delaware limited partnership By: Beazer Homes Texas Holdings Inc., a Delaware corporation, its general partner By: Name: Title: THE STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me, the undersigned authority, this _____ day of December, 2018, by ______________________________, _______________ of Beazer Homes Texas Holdings, Inc., a Delaware corporation, general partner of Beazer Homes Texas, L.P., a Delaware limited partnership, on behalf of said Delaware corporation and Delaware limited partnership. Notary Public, State of Texas \[Official Notary Stamp\] 18 Exhibits ALegal Description of Tract 19 Exhibit A 20 21 22 23 AMENDED AND RESTATED UTILITY AGREEMENT THIS AMENDED AND RESTATED UTILITY AGREEMENT Agreement') is made and entered into as of April 9, 2018, by THE CITY OF LA PORTE, TEXAS (the "City"), a home rule municipality in Harris County, Texas, acting by and through its governing body the City Council of La Porte Texas; and BEAZER HOMES TEXAS, L.P.., a Delaware limited partnership on behalf of proposed Harris County Municipal Utility District No. 561. RECITALS The City and Developer entered into a Utility Agreement dated December 11, 2017 (the , when Developer was under contract to purchase approximately 234.686 acres of land in Harris County, Texas, as described therein Developer desires to develop a quality master-planned single-family and multi-family residential community with senior living facilities and supporting commercial uses within the Tract. The Tract is located within the corporate boundaries of the City. Developer intends to create Harris County Municipal Utility District No. 561 within the City's corporate limits for the purposes of, among other matters, providing water distribution, wastewater collection, and storm sewer and drainage, recreational and road facilities to serve development occurring within the District. The District will contain the Tract. The City is a municipal corporation and is operating under the home rule municipality laws of the State of Texas. The City has the power under the laws of the State of Texas to acquire, own, and operate a water and sanitary sewer system and works and improvements necessary for the drainage of the lands in the City. The City also has the authority to contract with a district organized under the authority of Article XVI, Section 59, of the Constitution of Texas, whereby the District will acquire or construct for the City (i) water distribution systems and sanitary sewer collection to connect to the water supply or treatment systems and (ii) improvements necessary for the drainage of lands in the City. The City and Developer on behalf of the District may enter into an agreement under the terms of which the District will acquire for the benefit of and conveyance to the City the water distribution, wastewater collection, and storm sewer facilities needed to serve lands being developed within the boundaries of the District. The City and Developer have determined that they are authorized by the Constitution and laws of the State of Texas to enter into this Agreement and have further determined that the terms, provisions, and conditions hereof are mutually fair and advantageous to each. After acquisition of the Original Acreage, the survey was updated and provides for a slight revision in the metes and bounds description and the total acreage. The updated metes and bounds 1522693060x_at.docx_4 description reflects approximately 234.650acres of land in HarrisCounty, Texas, and is described by metes and bounds in Exhibit A . The City and Developer desire to amend the Original Agreement to delete Exhibit A in the Original Agreement and replace it with Exhibit A attached hereto. AGREEMENT For and in consideration of these premises and of the mutual promises, obligations, covenants, and benefits herein contained, the City and Developer on behalf of the District contract and agree as follows: ARTICLE I DEFINITIONS The capitalized terms and phrases used in this Agreement shall have the meanings as follows: 3.01. context: the City; Harris County, Texas; the TCEQ; the Attorney General of Texas; the Comptroller of Public Accounts of Texas; the United States Department of Justice; and all other federal, state, and local governmental authorities having regulatory jurisdiction and authority over the financing of the Facilities, the construction of the Facilities, or the subject matter of this Agreement. to time for the purpose of purchasing, constructing, acquiring, operating, repairing, improving, or extending the Facilities, and for such other purposes permitted or provided by state law, whether payable from ad valorem taxes, the proceeds of one or more future bond issues, or otherwise, and including any bonds, notes, or similar obligations issued to refund such bonds. La Porte, Texas. means and includes the water distribution, wastewater collection, and drainage systems (but not including detention systems), recreational facilities within road rights-of-way, including trails and sidewalks, and road facilities constructed or acquired or to be constructed or acquired by the District to serve lands within and near its boundaries, and all improvements, appurtenances, additions, extensions, enlargements, or betterments thereto, including any pro rata interest or share in such facilities, together with all contract rights, permits, licenses, properties, rights-of-way, easements, sites, and other interests related thereto. 2 the inclusion of land within the District in accordance with Texas Water Code Section 54.016, as amended. means costs associated with any particular construction project under the terms of this Agreement, including, but not limited to, costs of construction, acquisition, and installation; engineering fees and expenses; costs of advertising; costs of acquiring necessary licenses, permits, waste control orders, discharge permits or amendments thereto; fiscal, legal, and administrative costs; material-testing costs; site, easement, and permit costs; and all other costs and expenses directly relating to the foregoing, together with an amount for contingencies on estimated Construction Costs of fifteen percent (15%) of the foregoing, provided that no contingency amount shall be included in "Construction Costs" regarding a particular construction project once that project is complete. means Beazer Homes Texas, L.P. Harris County Municipal Utility District No. 561, a body politic and corporate and a political subdivision of the State of Texas organized under the provisions of Article XVI, Section 59 of the Texas Constitution. Any references herein to District shall mean Developer; provided that upon assignment of this Agreement by Developer to the District pursuant to Section 11.11 below, any references herein to the District shall mean the District. all rights, title, and interests of the District in and to the Facilities, (ii)any Bonds of the District which are authorized but have not been issued by the District, (iii) all rights and powers of the District under any agreements or commitments with any persons or entities pertaining to the financing, construction, or operation of all or any portion of the Facilities and/or the operations of the District, (iv) all cash and investments, and amounts owed to the District, and (v) all books, records, files, documents, permits, funds, and other materials or property of the District. any engineering firm as the District may engage from time to time. all outstanding Bonds of the District, (ii) all other debts, liabilities, and obligations of the District to or for the benefit of any persons or entities relating to the financing, construction, or operation of all or any portion of the Facilities or the operations of the District, and (iii) all functions performed and services rendered by the District for and to the owners of property within the District and the customers of the services provided from the Facilities. r distribution, wastewater collection, and drainage and detention systems, recreational facilities outside of a City road right-of-way, and road facilities constructed or acquired or to be constructed or acquired by the District to serve lands within and near its boundaries, and all improvements, appurtenances, additions, extensions, enlargements, or betterments thereto, including any pro rata interest or share in such facilities, together with all contract rights, permits, licenses, properties, rights-of-way, easements, sites, and other interests related thereto. 3 in Section 4.04. Quality, or any successor or successors exercising any of its duties and functions related to water conservation and reclamation districts. ARTICLE II REPRESENTATIONS Section 2.01 Representations of the City. The City hereby represents to Developer that: (a) This Agreement has been duly authorized, executed and delivered by the City and, constitutes a legal, valid and binding obligation of the City, enforceable in accordance with its terms. (b) The execution, delivery and performance of this Agreement by the City does not require the consent or approval of any Person which has not been obtained. Section 2.02 Representations of Developer. Developer hereby represents to the City that: (a) It is duly authorized, created and existing under the laws of the State of Texas, is qualified to do business in the State of Texas and is duly qualified to do business wherever necessary to carry on the operations contemplated by this Agreement. (b) It has the power, authority and legal right to enter into and perform its obligations set forth in this Agreement, and the execution, delivery and performance hereof (i) have been duly authorized, will not, to the best of its knowledge, violate any judgment, order, law or regulation applicable to it or any provisions of its articles of incorporation and by-laws, and (ii) do not constitute a default under, or result in the creation of any lien, charge, encumbrance or security interest upon any of its assets under, any agreement or instrument to which it is a party or by which it or its assets may be bound or affected. (c) It has sufficient capital to perform its obligations under this Agreement. (d) This Agreement has been duly authorized, executed and delivered and constitutes a legal, valid and binding obligation of such entity, enforceable in accordance with its terms. (e) With respect to Developer only, the petition for the creation of a municipal utility district and the petition for consent to the creation of a municipal utility district that have been previously submitted to the City have been duly authorized, executed and delivered. 4 (f) The execution, delivery and performance of this Agreement by itdoes not require the consent or approval of any Person which has not been obtained. ARTICLE III DESIGN AND CONSTRUCTION OF THE FACILITIES Section 3.01 Design. The Facilities shall be designed by the District Engineer in accordance with sound engineering principles and in compliance with all applicable requirements of the Approving Bodies. The plans and specifications for the Facilities shall be subject to review and approval by the City, the District, and the Approving Bodies with juris shall not make any changes to the Approved Plans without the approval of the City. The City shall not require that the Facilities be designed to requirements more stringent than the City's requirements applicable to the design of similar facilities outside the District but within the City's jurisdiction. The District shall design the Facilities in such phases or stages as the District and/or Developer from time to time, in their sole discretion, may determine to be necessary and economically feasible. Section 3.02 Construction. When the District determines, in its sole discretion, that it is necessary and economically feasible to construct the Facilities, the District shall proceed to award a construction contract for the Facilities based upon the Approved Plans. The Facilities shall be installed, construction contracts shall be awarded, and payment and performance bonds obtained all in accordance with the general law for municipal utility districts and in full compliance with the applicable requirements of the Approving Bodies. In addition to any other construction contract provisions, any construction contract for the Facilities shall include the contractor's one (1) year warranty of work performed under the contract. The District shall file all required documents with the TCEQ. Section 3.03 Acceptance of Facilities. Upon completion of the Facilities, the District shall order the District Engineer to certify that the Facilities have been completed in substantial compliance with the Approved Plans, and the District shall certify that all bills and sums of money due in connection with the construction and installation of the Facilities have been fully paid and that the Facilities are free of any and all liens and claims, all according to the certification of the construction contractor. The District shall require the District Engineer to provide three (3) copies of construction drawings of the Facilities to the District. The District shall accept the construction of the Facilities in writing from the construction contractor. The District shall then convey the City Facilities to the City in accordance with the City's procedure for acceptance of such facilities in areas outside the District and within the City and the provisions of Article IV below. Section 3.04 Permits, Fees, and Inspections. The District understands and agrees that all City ordinances and codes, including applicable permits, fees, and inspections, shall be of full force and effect within its boundaries the same as to other areas within the City's corporate limits; provided, however, that no permits, permit fees, or inspection fees shall be required for the Facilities to be conveyed to the City. 5 ARTICLE IV FINANCING OF THE FACILITIES Section 4.01 Authority of District to Issue Bonds. The District shall have authority to issue, sell, and deliver Bonds from time to time, as deemed necessary and appropriate by the Board of Directors of the District, for the purposes, in such forms and manner, and as permitted or provided by federal law, the general laws of the State of Texas, and the Consent Ordinance; provided, however, that such authority to issue, sell, and deliver Bonds will be limited to Bonds issued, sold, and delivered for the purpose of reimbursing Developer or any other developers within the District for the purposes described in Exhibit B of the Consent Ordinance and for the repair and rehabilitation of Facilities to be owned and maintained by the District. . Section 4.02 Distribution of Bond Proceeds. The proceeds of Bonds issued by the District shall be used and may be invested or reinvested, from time to time, as provided in the order or orders of the District authorizing the issuance, sale, and delivery of such Bonds and in accordance with the federal, state, and local laws and regulations governing the proceeds of the District's sale of its Bonds. Section 4.03 Bonds as Obligation of District. Unless and until the City shall dissolve the District and assume the District Assets and District Obligations, the Bonds of the District, as to both principal and interest, shall be and remain obligations solely of the District and shall never be deemed or construed to be obligations or indebtedness of the City. Section 4.04 Financing by Third Parties. From time to time, the District may enter into one or Developer or other landowners of property located within the District whereby Developer or such landowners will construct the Facilities on behalf of the District or advance funds to or on behalf of the District for the acquisition and construction of the Facilities. The construction of any Facilities financed under the terms of a Financing and Reimbursement Agreement shall be subject to all the terms and conditions of this Agreement. Each Financing and Reimbursement Agreement will provide for the District's reimbursement of the person or entity advancing funds for the Facilities (i) from the proceeds of the District's sale of its Bonds, subject to all the terms and conditions of such Financing and Reimbursement Agreement, including, among other conditions, the approval of the TCEQ of the sale of the Bonds and the use of sale proceeds for such purpose; and/or (ii) from District funds lawfully available for such purpose. ARTICLE V OWNERSHIP, OPERATION, AND MAINTENANCE OF FACILITIES Section 5.01 Conveyance of Facilities. As the City Facilities are constructed and accepted in accordance with Article II and the City Facilities are conveyed to the City under this Article V, the 6 construction contractor's one (1) year warranty of its work shall be assigned to the City, as required under Section 3.02 above. Section 5.02 City Acceptance. As the Facilities are constructed and completed, representatives of the City shall inspect the same and, if the City finds that the City Facilities have been completed in substantial compliance with the approved plans and specifications, the City will accept the conveyance of the City Facilities, and the City Facilities so conveyed shall be operated, maintained, and repaired by the City at its sole expense as provided in this Agreement. The City shall accept ownership of the City Facilities under this Section 5.02 in accordance with the City's procedure for acceptance of such facilities in areas outside the District and within the City. If the City Facilities have not been completed in substantial compliance with the approved plans and specifications, the City will immediately advise in what manner the City Facilities do not comply so that the problems may immediately be corrected; whereupon the City shall again inspect the City Facilities and accept the same if the non-complying items have been corrected. In conjunction with the City's acceptance of the City Facilities, the City shall be provided with one (1) set of the construction drawings for such City Facilities. Section 5.03 Operation of the Facilities by the City. Upon the acceptance of the City Facilities by the City, the City will operate the City Facilities and provide services from the City Facilities to users within the District without discrimination. The City shall at all times maintain the City Facilities, or cause the same to be maintained, in good condition and working order and will operate the same, or cause the same to be operated, in an efficient and economical manner at a reasonable cost and in accordance with sound business principles, and the City will comply with all the terms and conditions of this Agreement and with all applicable federal, state, and local laws and regulations. (a) The City shall provide competent, trained personnel, licensed or certified as necessary by the appropriate regulatory authority, to operate, inspect, maintain, and repair the City Facilities. The City shall implement a scheduled maintenance program for the City Facilities and shall ensure that the City Facilities are maintained in the same fashion and with the same frequency as similar facilities owned and operated by the City to serve areas outside the District. (b) The City shall maintain all customer information and records necessary to provide monthly billings to customers served by the City Facilities. The City shall respond to inquiries or correspondence from governmental or regulatory authorities and the District's directors, customers, or consultants. Section 5.04 Rates and Conditions of Service. The connection of improvements to the water and sanitary sewer City Facilities shall be made in the same manner, by the same procedures, and for the same charges, if any, per City policy for other water and wastewater connections. Water and wastewater customers within the District shall pay rates and charges for such services to the City, on the same basis and conditions as the City provides such services to similar City customers who do not receive services from the Facilities. The equivalent number of single family residences attributable to any particular connection shall be computed in accordance with the service unit factors determined by the City in its sole discretion, provided that the City shall always apply the same service unit factors 7 within the District as it applies to other areas within the City. The City shall bill and collect charges from the customers of the City Facilities, calculated in accordance with this Section 5.04, in the same manner and under the same procedures as it bills and collects from other customers of the City that are not served by the City Facilities. Section 5.05 Repair of the Facilities. After its acceptance of the City Facilities, the City shall provide all personnel and equipment necessary to perform repairs on, and shall bear sole cost responsibility for repair of, the City Facilities, including, but not limited to, service line leaks, leaks at water meters, water main breaks, repairs to valves and fire hydrants, manhole repairs, and sanitary sewer line repair and cleaning, as needed. The City shall not, however, bear cost or responsibility for initial repair of any equipment or facilities identified by the City as in need of correction prior to the City's acceptance of the City Facilities under Section 5.02 above. The cost of all materials and supplies used to operate, maintain, and repair the Facilities shall be borne solely by the City. ARTICLE VI CITY PLANT CAPACITY Section 6.01 Water Supply and Distribution Facilities. The City shall provide the District with its ultimate requirements for water supply and distribution capacities. The number and location of the points of connection between the City's water distribution system and the Facilities shall be mutually agreed upon by the District and the City. The City acknowledges its obligation to provide water supply and distribution capacities for the actual requirements of the development within the District's boundaries. Any water supply and distribution capacities so required by the District shall be reserved and allocated by the City exclusively to serve the property within the District and the City shall not use such capacities to serve any other property. The City shall at all times manage the capacities in its water supply and distribution facilities so that capacity to serve development within the District is available at the time such improvements are to be connected to the Facilities. To enable the City to effectively manage its water system capacities in compliance with the City's obligation under this Section 6.01, the District shall provide to the City, by December 31 of each year during the term of this Agreement, a written projection of the new improvements within the District expected to be connected to the Facilities within the coming year, and such other related information as the City may reasonably require. The City confirms that 1,200 equivalent single-family connections of excess water supply are available to serve the Tract and will remain available to serve the Tract so long as development of the Tract commences within 3 years of the date of this Agreement and is complete within 15 years of the date of this Agreement. Section 6.02 Wastewater Collection and Treatment Facilities. The number and location of the points of connection between the City's wastewater collection system and the Facilities shall be mutually agreed upon by the District and the City. The City acknowledges its obligation to provide wastewater collection and treatment capacities for the actual requirements of the development within District shall be reserved and allocated by the City exclusively to serve the property within the District and the City shall not use such capacities to serve any other property. The City shall at all times manage 8 the capacities in its wastewater collection and treatment facilities sothat capacity to serve development within the District is available at the time such improvements are to be connected to the Facilities. To obligation under this Section 6.02, the District shall provide the City no less than annually a written projection of the new improvements within the District expected to be connected to the Facilities within the coming year, and such other related information as the City may reasonably require. The City confirms that 1,200 equivalent single-family connections of excess wastewater treatment are available to serve the Tract and will remain available to serve the Tract so long as development of the Tract commences within 3 years of the date of this Agreement and is complete within 15 years of the date of this Agreement. Section 6.03 Letter of Capacity Assurance; Assignability. The City agrees that the City shall, upon reasonable request from the District, issue a letter of assurance to the owner of platted property within the District confirming water and wastewater utility availability for such platted property, based upon the standard City criteria published by the City regarding the calculation of water and wastewater requirements for various types of improvements. ARTICLE VII DISTRICT AND OVERLAPPING TAXES Section 7.01 Overlapping Taxes. The City agrees that no portion of City taxes to be derived from the taxpayers of the District will be used to finance elsewhere in the City services the District proposes to provide, and the City and the District agree that no portion of City taxes to be derived from the taxpayers of the District are required to be rebated to the District. Section 7.02 District Taxes. The District is authorized to assess, levy, and collect ad valorem taxes upon all taxable properties within the District to provide for (i) the payment in full of the District Obligations, including principal, redemption premium, if any, or interest on the Bonds and to establish and maintain any interest and sinking fund, debt service fund, or reserve fund and (ii) for maintenance purposes, all in accordance with applicable law. The parties agree that nothing herein shall be deemed or construed to prohibit, limit, restrict, or otherwise inhibit the District's authority to levy ad valorem taxes as the Board of Directors of the District from time to time in its sole discretion may determine to be necessary for the Facilities consistent with the consent conditions in the Consent Ordinance. The City and the District recognize and agree that all ad valorem tax receipts and revenues collected by the District shall become the property of the District and may be applied by the District to the payment of all proper debts, obligations, costs, and expenses of the District and may be pledged or assigned to the payment of all or any designated portion of the principal or redemption premium, if any, or interest on the Bonds or otherwise in accordance with applicable law. ARTICLE VIII DISSOLUTION OF THE DISTRICT 9 Section 8.01 Dissolution of District. The City and District recognize and agree that the City may, pursuant to the procedures and provisions and subject to the limitations set forth in the laws of the State of Texas including, but not limited to, Section 43.074, Texas Local Government Code, abolish and dissolve the District and assume the District Assets and District Obligations upon a vote of not less than two-thirds (2/3) of the entire membership of the City Council to adopt an ordinance to such effect, if the City Council finds: (a) that the District is no longer needed, (b) that the services and functions performed by the District can be served and performed by the City, and (c) that it would be in the best interests of the citizens and property within the District and the City that the District be abolished. In order to ensure that the property owners and inhabitants of the City and the District are afforded sufficient time and opportunity to realize the benefits and public utility to be derived from the creation and operation of the District and the financing, construction and implementation of the plan of improvements for the District, and in order to contribute to the financial stability and feasibility of the District by ensuring a sufficient longevity of the District's existence to permit the District to reach a satisfactory level of financial maturity, the City agrees that the District shall not be abolished until such time as the District is fully developed and has sold all Bonds necessary to finance the costs of the Facilities and has reimbursed Developer and any other landowners within the District in accordance with the Financing and Reimbursement Agreements previously entered into by the District. Section 8.02 Transition upon Dissolution. In the event all required findings and procedures for the dissolution of the District have been duly, properly, and finally made and satisfied by the City, and unless otherwise mutually agreed by the City and the District pursuant to then existing law, the District agrees that its officers, agents, and representatives shall be directed to cooperate with the City in any and all respects reasonably necessary to facilitate the dissolution of the District and the transfer of the District Assets to and the assumption of the District Obligations by the City. ARTICLE IX MATERIAL BREACH, NOTICE AND REMEDIES Section 9.01 Material Breach of Agreement. (a) The parties acknowledge and agree that any substantial deviation by the District from the material terms of this Agreement would frustrate the intent of this Agreement and, therefore, would be a material breach of this Agreement. By way of example, a substantial deviation from the material terms of this Agreement by the District would be the failure of the District to obtain approval from the City prior to annexing an additional property into the District as provided for herein. (b) The parties acknowledge and agree that any substantial deviation by the City from the material terms of this Agreement would frustrate the intent of this Agreement and, therefore, would be a material breach of this Agreement. By way of example, a substantial deviation from the material terms of this Agreement would be an attempt by the City to dissolve the District other than as provided for herein. 10 (c) In the event that a party to this Agreement believes that another party has, by act or omission, committed a material breach of this Agreement, the provisions of this Article IX shall provide the sole remedies for such default, unless otherwise specifically provided herein. Section 9.02 Notice of District's Default. (a) The City shall notify the District in writing of an alleged failure by the District to comply with a provision of this Agreement, which notice shall specify the alleged failure with reasonable particularity. The District shall, within thirty (30) days after receipt of such notice or such longer period of time as the City may specify in such notice, either cure such alleged failure or, in a written response to the City, either present facts and arguments in refutation or excuse of such alleged failure or state that such alleged failure will be cured and set forth the method and time schedule for accomplishing such cure. (b) The City shall determine (i) whether a failure to comply with a provision has occurred; (ii) whether such failure is excusable; and (iii) whether such failure has been cured or will be cured by the District. The District shall make available and deliver to the City, if requested, any records, documents or other information necessary to make the determination without charge. (c) In the event that the City determines that such failure has not occurred, or that such failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the City, or that such failure is excusable, such determination shall conclude the investigation. (d) If the City determines that a failure to comply with a provision has occurred and that such failure is not excusable and has not been or will not be cured by the District in a manner and in accordance with a schedule reasonably satisfactory to the City, then the City may pursue the remedies provided in Section 9.04. Section 9.03 Notice of City's Default. (a) The District shall notify the City in writing of an alleged failure by the City to comply with a provision of this Agreement, which notice shall specify the alleged failure with reasonable particularity. The City shall, within 30 days after receipt of such notice or such longer period of time as the District may specify in such notice, either cure such alleged failure or, in a written response to the District, either present facts and arguments in refutation or excuse of such alleged failure or state that such alleged failure will be cured and set forth the method and time schedule for accomplishing such cure. (b) The District shall determine (i) whether a failure to comply with a provision has occurred; (ii) whether such failure is excusable; and (iii) whether such failure has been cured or will be cured by the City. The City shall make available and deliver to the District, if requested, any records, documents or other information necessary to make the determination without charge. 11 (c) In the event that the District determines that such failure has not occurred, or that such failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the District, or that such failure is excusable, such determination shall conclude the investigation. (d) If the District determines that a failure to comply with a provision has occurred and that such failure is not excusable and has not been or will not be cured by the City in a manner and in accordance with a schedule reasonably satisfactory to the District, then the District may pursue the remedies provided in Section 9.04. Section 9.04 Remedies. (a) In the event of a determination by the City that the District has committed a material breach of this Agreement the City may, subject to the provisions of Section 9.02, file suit in a competent jurisdiction in Harris County, Texas, and seek either (1) specific performance, (ii) injunctive relief, (iii) an action under the Uniform Declaratory Judgment Act, or (iv) termination of this Agreement. (b) In the event of a determination by the District that the City has committed a material breach of this Agreement, the District may, subject to the provisions of Section 9.03, file suit in a court of competent jurisdiction in Harris County, Texas, and seek (1) specific performance, (ii) injunctive relief, (iii) an action under the Uniform Declaratory Judgment Act, or (iv) termination of this Agreement. (c) Neither party shall be liable for any monetary damages of the other party for any reason whatsoever, including punitive damages, exemplary damages, consequential damages or attorneys' fees. ARTICLE X BINDING AGREEMENT, TERM, AND AMENDMENT Section 10.01 Beneficiaries. This Agreement shall bind and inure to the benefit of the City and the District, their successors and assigns, including any additional districts created by division of the District. Section 10.02 Term. This Agreement shall remain in effect until the earlier to occur of (i) the dissolution of the District by the City or (ii) the expiration of thirty (30) years from the date hereof. Section 10.03 Termination. In the event this Agreement is terminated as provided in this Agreement or is terminated pursuant to other provisions, or is terminated by mutual agreement of the parties, the parties shall promptly execute and file of record, in the Real Property Records of Harris County, Texas, a document confirming the termination of this Agreement, and such other documents as may be appropriate to reflect the basis upon which such termination occurred. 12 Section 10.04 Amendment. This Agreement may be amended only upon written amendment executed by the parties affected by such amendment. ARTICLE XI MISCELLANEOUS PROVISIONS Section 11.01 Notice. The parties contemplate that they will engage in informal communications with respect to the subject matter of this Agreement. However, any formal notices or other ll be given in writing addressed to the party to be notified at the address set forth below for such party, (a) by delivering the same in person, (b) by depositing the same in the United States Mail, certified or registered, return receipt requested, postage prepaid, addressed to the party to be notified; (c) by depositing the same with FedEx or another nationally recognized courier service guaranteeing "next day delivery," addressed to the party to be notified, or (d) by sending the same by telefax with confirming copy sent by mail. Notice deposited in the United States mail in the manner herein above described shall be deemed effective from and after three (3) days after the date of such deposit. Notice given in any other manner shall be effective only if and when received by the party to be notified. For the purposes of notice, the addresses of the parties, until changed as provided below, shall be as follows: City: City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 Attn: City Secretary With copy to: Mr. Clark Askins Askins & Askins 702 W. Fairmont Parkway La Porte, Texas 77571 Developer: Beazer Homes Texas, L.P. Attn: Mr. Jeff Anderson 10235 West Little York, Suite 200 Houston, TX 77040 District: Allen Boone Humphries Robinson LLP Attn: Jim Boone 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 The parties shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States of America by 13 giving at least 5 days written notice to the other parties. If any date or any period provided in this Agreement ends on a Saturday, Sunday, or legal holiday, the applicable period for calculating the notice shall be extended to the first business day following such Saturday, Sunday or legal holiday. Section 11.02 Severability by Court Action. Unless the court applies Section 11.03, if any provision of this Agreement or the application thereof to any person or circumstance is ever judicially declared invalid, such provision shall be deemed severed from this Agreement, and the remaining portions of this Agreement shall remain in effect. Section 11.03 Invalid Provisions. If any provision of this Agreement or the application thereof to any person or circumstance is prohibited by or invalid under applicable law, it shall be deemed modified to conform with the minimum requirements of such law, or, if for any reason it is not deemed so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder thereof or any such other provision being prohibited or invalid. Section 11.04 Waiver. Any failure by a party hereto to insist upon strict performance by the other party of any provision of this Agreement shall not be deemed a waiver thereof or of any other provision hereof, and such party shall have the right at any time thereafter to insist upon strict performance of any and all of the provisions of this Agreement. Section 11.05 Applicable Law and Venue. The construction and validity of this Agreement shall be governed by the laws of the State of Texas without regard to cont1icts of law principles. Venue shall be in Harris County, Texas. Section 11.06 Reservation of Rights. To the extent not inconsistent with this Agreement, each party reserves all rights, privileges, and immunities under applicable laws, including sovereign immunity, except to enforce any rights and remedies under this Agreement. Section 11.07 Further Documents. The parties agree that at any time after execution of this Agreement, they will, upon request of another party, execute and deliver such further documents and do such further acts and things as the other party may reasonably request in order to effectuate the terms of this Agreement. Section 11.08 Incorporation of Exhibits and Other Documents by Reference. All Exhibits and other documents attached to or referred to in this Agreement are incorporated herein by reference for the purposes set forth in this Agreement. Exhibit A to the Original Agreement is hereby deleted and replaced with Exhibit A attached hereto. Section 11.9 Effect of State and Federal Laws. Notwithstanding any other provision of this Agreement, the District shall comply with all applicable statutes or regulations of the United States and the State of Texas, as well as any City ordinances to the extent not in conflict with this Agreement, and any rules implementing such statutes or regulations. 14 Section 11.10 Authority for Execution. The City hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with City ordinances. The District hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted by the District's board of directors. Section 11.11 Creation of the District. The rights, duties and obligations of the District hereunder shall be the rights, duties and obligations of Developer. Upon the creation of and confirmation of the District, the District shall automatically assume all rights, duties and obligations of Developer under this Agreement and Developer shall have no further liability under this Agreement, without any further action by the District, Developer, or the City being necessary. Section 11.12 Force Majeure. In the event any party is rendered unable, wholly or in part, by force majeure to carry out any of its obligations under this Agreement, except the obligation to pay amounts owed or required to be paid pursuant to the terms of this Agreement, then the obligations of such party, to the extent affected by such force majeure and to the extent that due diligence is being used to resume performance at the earliest practicable time, shall be suspended during the continuance of any inability so caused to the extent provided but for no longer period. As soon as reasonably possible after the occurrence of the force majeure relied upon, the party whose contractual obligations are affected thereby shall give notice and full particulars of such force majeure to the other party. Such used herein, shall include without limitation of the generality thereof, acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind of the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, drought, arrests, restraint of government, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, partial or entire failure of water supply resulting in an inability to provide water necessary for operation of the water and wastewater systems hereunder, and any other inabilities of any party, whether similar to those enumerated or otherwise, which are not within the control of the party claiming such inability, which such party could not have avoided by the exercise of due diligence and care. Section 11.13 Parties in Interest. This Agreement shall be for the sole and exclusive benefit of the parties hereto and shall not be construed to confer any rights upon any third parties. Section 11.14 Merger. This Agreement embodies the entire understanding between the parties and there are no representations, warranties, or agreements between the parties covering the subject matter of this Agreement other than the Consent Ordinance between the City and the District. If any provisions of the Consent Ordinance appear to be inconsistent or in conflict with the provisions of this Agreement, then the provisions contained in this Agreement shall be interpreted in a way which is consistent with the Consent Ordinance. Section 11.15 Modification. This Agreement shall be subject to change or modification only with the mutual written consent of the City and the District. 15 Section 11.16 Captions. The captions of each section of this Agreement are inserted solely for convenience and shall never be given effect in construing the duties, obligations or liabilities of the parties hereto or any provisions hereof, or in ascertaining the intent of either party, with respect to the provisions hereof. Section 11.17 Interpretations. This Agreement and the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to sustain the validity of this Agreement. Section 11.18 Voter Trailer. The City agrees that a trailer may be located on the Tract to provide housing for voters in connection with the election to confirm the District, authorize bonds for the District, and elect the initial board of directors for the District; provided, however, that the trailer may not be located on the Tract for a period of time exceeding 8 months. \[EXECUTION PAGES FOLLOW\] 16 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of equal dignity, as of the date first given above. THE CITY OF LA PORTE, TEXAS By: ATTEST: Mayor By City Secretary (SEAL) APPROVED AS TO FORM: By: City Attorney THE STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me on the _____ day of ______________, 2018, by ____________________, Mayor of the City of La Porte, Texas. Notary Public, State of Texas \[Official Notary Stamp\] 17 BEAZER HOMES TEXAS, L.P., a Delaware limited partnership By: Beazer Homes Texas Holdings Inc., a Delaware corporation, its general partner By: Name: Title: THE STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me, the undersigned authority, this _____ day of December, 2018, by ______________________________, _______________ of Beazer Homes Texas Holdings, Inc., a Delaware corporation, general partner of Beazer Homes Texas, L.P., a Delaware limited partnership, on behalf of said Delaware corporation and Delaware limited partnership. Notary Public, State of Texas \[Official Notary Stamp\] 18 Exhibits ALegal Description of Tract 19 Exhibit A 20 21 22 23 REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: 4-9-18 Source of Funds: Requested By: Ken Adcox Account Number: Department: Police Amount Budgeted: Report: Resolution: X Ordinance: Amount Requested: Exhibits: Resolution for JAG Grant Neighborhood Storefront & Community Outreach Program Budgeted Item: YES NO Exhibits: JAG Grant Application Exhibits SUMMARY & RECOMMENDATION The police department has prepared a federal Justice Assistance Grant (JAG) application to support the s new Neighborhood Storefront & Community Outreach Center on South Broadway. If selected and awarded, the grant would fund the purchase of a computerized child recovery system, which would allow the department to fingerprint and photograph individual children, producing an individualized ID card that would be provided to parents. Should the child be abducted or become missing for any reason in the future, the ID card could quickly be provided to Law Enforcement and would assist in the recovery of lost, kidnapped, or endangered children. The system would be housed full-time at the Neighborhood Center, where parents could drop in with their children during business hours to have an ID made free of charge. The system is also portable enough to be taken to different community venues throughout the year, including National Night Out, neighborhood watch group meetings, community fairs, etc. If selected and awarded, the grant would also fund the purchase of a small electric powered marked vehicle, similar to a golf-cart. The vehicle would be used to patrol various community events where full-sized police vehicles are impractical, such as parades, Sylvan Beach Day, etc. On a day to day basis, the vehicle would be housed at the Neighborhood Center, allowing the storefront officer to quickly and easily traverse the various apartment complexes, walking trails, and neighborhoods in the area. The unique nature and openness of the electric vehicle would also improve interaction and communication with community members as the officer makes his rounds. A total of $16,394.00 is being requested as part of the grant to cover the total cost of both items. Although federally funded, the grant is of Texas. As part of the grant application process, a Resolution is required agreeing to the terms of the grant and designating the City Manager as the authorized official to sign grant documents and accept the grant if awarded. This grant is competitive in nature, and will first be reviewed by the Houston-Galveston Area Council (HGAC). If selected and awarded, the grant would be administered on a reimbursement basis, but would require no matching funds on behalf of the City. If the grant is not selected and awarded, the above described items will not be purchased. Action Required by Council: Consider approval or other action of a Resolution designating the City Manager as the authorized grant official and approving the grant application for the child identification system and electric vehicle supporting the Neighborhood Storefront & Community Outreach Program, through the Criminal Justice Division, Office of the Governor, State of Texas. Approved for City Council Agenda Corby Alexander, City Manager Date RESOLUTION * * * * WHEREAS, The La Porte City Council finds it in the best interest of the citizens of City of La Porte, that the Neighborhood Storefront and Community Outreach Program be operated for the Fiscal Year 2018-2019 and subsequent years; and WHEREAS, the La Porte City Council agrees to provide applicable matching funds if appropriate for the said project as required by the Justice Assistance grant application from the Office of the Governor; and WHEREAS, City of La Porte agrees that in the event of loss or misuse of the Office of the Governor funds, the City of La Porte assures that the funds will be returned to the Office of the Governor in full. WHEREAS, the City of La Porte designates Corby Alexander, City Manager of the City of La Porte, as the terminate the grant on behalf of the applicant agency. NOW THEREFORE, BE IT RESOLVED that La Porte City Council approves submission of the grant application for the Neighborhood Storefront and Community Outreach Program to the Office of the Governor. DƩğƓƷ bǒƒĬĻƩʹ ЌЏЍЍЎЉЊ th Passed and Approved this 9 of April, 2018. Signed by: ___________________________ Authorized Official ATTEST: APPROVED: City Secretary Mayor, City of La Porte REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriations Agenda Date Requested: April 9, 2018 Source of Funds: N/A Requested By: Ian Clowes, Richard Mancilla Account Number: N/A Department:Planning and Development Amount Budgeted: N/A Report: __X __Resolution: _____Ordinance: _X___ Amount Requested: N/A Exhibits: Ordinance P&Z Recommendation Letter Budgeted Item: N/A Existing Land Use Map Proposed Land Use Map ______________________________________________________________________________ SUMMARY & RECOMMENDATION This item is a request for consideration to amend the city’s Future Land Use Plan in conjunction with a request by Doak Brown of Brownstone Ventures, LLC, applicant, on behalf of Bayforest Ranch, Ltd, owner,who is seeking approval of aSCUPto allow for a proposed Class “A” multi- family apartment complex.The property in question is a 20acre tract of land located on the east side of SH 146 north of Wharton Weems Blvd. and is legally described as Tract 1L, Abstract 35, J Hunter Survey. The city’s Future Land Use Plan (FLUP) identifies the subject property as “Mid-High Density Residential, “Commercial,”and “Mixed Use”. In order to accommodate the proposed zone change, the FLUP would need to be amended to show the property asa singular“Mid-High DensityResidential”. The Planning and Zoning Commission, at their February 15, 2018 regular meeting, voted 8-0 to recommend approval of the proposed Future Land Use Amendment. Action Required by Council: 1.Conduct public hearing. 2.Consider action on a recommendation by the Planning and Zoning Commission to approve an Ordinance amending the City’s Future Land Use Plan for a 20 acre tract of land known as Tract 1L, Abstract 35, J Hunter Survey, located on the east side of SH 146 north of Wharton Weems Blvd. and as depicted in the attached exhibit. Approved for City Council Agenda ______________________________________________________ Corby D. Alexander, City ManagerDate ORDINANCENO. ANORDINANCEADOPTINGANUPDATETOTHEFUTURELANDUSEMAP COMPONENTOFTHECOMPREHENSIVEPLANOFTHECITYOFLAPORTE,TEXAS UPONRECOMMENDATIONOFTHEPLANNINGANDZONINGCOMMISSIONOFTHE CITYOFLAPORTE,TEXAS;FINDINGCOMPLIANCEWITHTHEOPENMEETINGS LAW;ANDPROVIDINGANEFFECTIVEDATEHEREOF. WHEREAS,Section211.004oftheTexasLocalGovernmentCodeprovidesthatzoning regulationsmustbeadoptedinaccordancewithaComprehensivePlan; WHEREAS,Section213.003oftheTexasLocalGovernmentCodeprovidesthatamunicipality mayamendaComprehensivePlanbyordinance,afterpublichearingandreviewbythemunicipality's planningcommissionordepartment;and WHEREAS,Section213.003oftheTexasLocalGovernmentCodealsoprovidesthata municipalitymayestablish,initscharterorbyordinance,proceduresforadoptingandamendinga ComprehensivePlan;and WHEREAS,Chapter106,"Zoning"ArticleI,Section106-3,andArticleII,Section106-65 oftheCodeofOrdinancesoftheCityofLaPorte,delegatestothePlanningandZoningCommission thedutytoreviewandmakerecommendationsrelevanttomodificationsoftheComprehensivePlan andZoningOrdinance;and WHEREAS,theCityofLaPortehasaComprehensivePlan,whichPlanwasadoptedbythe CityCounciloftheCityofLaPorte,Texasin1986,andwhichPlanhasbeenthesubjectofmultiple amendmentssinceitsadoption; WHEREAS,pursuanttomandateofChapter106,"Zoning"oftheCodeofOrdinancesofthe CityofLaPorte,thePlanningand ZoningCommissionoftheCityofLaPortehasreviewedall elementsoftheComprehensivePlan,andasdulyapprovedbytheCityCounciloftheCityofLa Porte,toconsiderpossibleamendmentsthereto;and 2 WHEREAS,attheLaPortePlanningandZoningCommissionmeetingwhichoccurredon February 15, 2018,theLaPortePlanningandZoningCommissionreviewedtheFutureLandUse MapcomponentoftheComprehensivePlanforthepurposeofconsideringproposedamendments thereto,tochangethedesignationforthat20acretractoflandgenerallylocatedontheeastside of SH 146. north of Wharton Weems Blvd.,andlegallydescribedasfollows:Tract 1L, Abstract 35, J Hunter Survey,TownofLaPorte,HarrisCounty,Texas,fromitspresentdesignationof“Mid-High Density Residential,”“Commercial,” and “Mixed Use”,to“Mid-High Density Residential",andatthe conclusionofsuchreviewtheLaPortePlanningandZoningCommissionvotedtorecommendtothe LaPorteCityCouncil suchamendmentsbemadetotheFutureLandUsePlancomponentofthe ComprehensivePlan; NOW,THEREFORE,BEITRESOLVEDBY THECITYCOUNCILOFTHECITYOFLAPORTE,TEXAS,THAT: Section1ThatanamendmenttotheFutureLandUseMapcomponentoftheComprehensive PlanoftheCityofLaPorte,Texas,whichisincorporatedto thisordinancebyreferencehereinand attachedheretoasExhibitA,beandisherebyauthorized,approved,andadoptedbytheCityCouncil oftheCityofLaPorte,Texas,afterdulynoticedpublichearingheldatitsApril 9, 2018meeting, pursuanttotherecommendationsofthePlanningandZoningCommissionoftheCityofLaPorte, Texas. Section2TheCitySecretaryoftheCityof LaPorteorherdesignatedrepresentativeshallbe requiredtomakethisamendmenttotheComprehensivePlanavailabletothepublicanddulymark andnotetheupdatedreferenceontheFutureLandUsePlancomponentoftheComprehensivePlan oftheCityofLaPorte,Texas. Section3TheCityCouncilofficiallyfinds,determines, recitesanddeclaresthatasufficient writtennoticeofthedate,hour,placeandsubjecttothismeetingoftheCityCouncilwaspostedat aplaceconvenienttothepublicattheCityHalloftheCityforthetimerequiredbylawpreceding thismeeting,asrequiredbytheOpenMeetingsLaw,Chapter551,TexasGovernmentCode;andthat thismeetinghasbeenopentothepublicasrequiredby lawatalltimesduringwhichthisordinanceand thesubjectmatterthereofhasbeendiscussed,consideredandformallyactedupon. 3 TheCityCouncilfurtherratifies,approvesandconfirmssuchwrittennoticeandthecontentsand postingthereof. Section4ThisOrdinance shallbeineffectfromandafteritspassageandapproval. Passedandapprovedthisthe9thdayofAPRIL2018. CITYOF LAPORTE,TEXAS By: LouisR.Rigby,Mayor ATTEST: By: PatriceFogarty,CitySecretary APPROVED: By: ClarkAskins,AssistantCity Attorney City of La PortePlanning and Development Department Established 1892 Richard Mancilla, Director February 16, 2018 Honorable Mayor Rigby and CityCouncil City of La Porte RE: Request #18-91000002 to Amend the Future Land Use Map Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a meeting on February 15, 2018 on a request to amend the City’s Future Land Use Plan as adopted in the Comprehensive Plan for a 20 acre tract of land located on the east side of SH 146 north of Wharton Weems Blvd. and legally described as Tract 1L, Abstract 35, J Hunter Survey. The request was for approval of a change of the future land use designation from “Mid-High Density Residential,” “Commercial,” and “Mixed Use” to “Mid-High Density Residential” use The Commission voted 8-0 to recommend approval of the proposed amendments to the City’s Future Land Use Map. Respectfully submitted, Ian Clowes, City Planner On Behalf of thePlanning and Zoning Commission cc: Richard Mancilla, Director of Planning and Development Department File City of La Porte 604 W. Fairmont ParkwayPhone: (281) 471-5020 Planning and DevelopmentLa Porte, TX 77571-6215Fax: (281) 470-5005 www.laportetx.gov 641 641 641 641 641 641 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriations Agenda Date Requested: April 9, 2018 Source of Funds: N/A Requested By: Ian Clowes, Richard Mancilla Account Number: N/A Department:Planning and Development Amount Budgeted: N/A Report: __X __Resolution: _____Ordinance: _X___ Amount Requested: N/A Exhibits: Ordinance Proposed SCUP Budgeted Item: N/A P&Z Recommendation Letter Applicant Information and Request Zoning Map Land Use Map General Plan ______________________________________________________________________________ SUMMARY & RECOMMENDATION Applicant, Doak Brown of Brownstone Ventures, LLC, on behalf of Bayforest Ranch, Ltd, owner, is seeking approval of a SCUP to allow for the development of Class “A” multi-family apartment complexin the PUD Zoning District. The property in question is a 20acre tract of land located on the east side of SH 146 north of Wharton Weems Blvd. and is legally described as Tract 1L, Abstract 35, J Hunter Survey. The property is currently undeveloped. Previously, a SCUP had been approved for this site for La Porte Town Center, a mixed use commercial and mid/high density residential project. This approved SCUP expired on February 27, 2018 due to a lack of activity. The newly proposed project will consist of 17 individual residential buildings with a club house/fitness facility and pool area. The total number of units will not exceed 294 allowing for a proposed density of 15.5 units per acre. The site will include an internal wet bottom detention lake that will also buffer the buildings on the eastern edge of the property from the existing City Golf Course. Staff did not receive any notices in favor or opposition to the proposed project. The Planning and Zoning Commission, at their February 15, 2018 regular meeting, voted 8-0 to recommend approval of the proposed SCUP, with the following conditions: 1.A site development plan shall be submitted in accordance with applicable requirements of the City of La Porte’s Development Ordinance and shall comply with all provisions of Chapter 106, “Zoning” of the City’s Code of Ordinances and all other department reviews and applicable laws and ordinances of the City of La Porte and the State of Texas. 2.Permitted use on site will be described as Multi-family. 3.The underlying zoning will be R-3. All Multi-family development requirements will need to be met. 4.All fire code requirements must be met, specifically regarding total number of required ingress and egress points. Approved General Plan must reflect these requirements. 5.Permitted density will not exceed 15.5 units/acre. This is in contrast to section 106- 33 (a) of the City of La Porte Zoning Ordinance. 6.A Traffic Impact Analysis will be performed and submitted to the city for review prior to approval of the required site plan. 7.All necessary documentation for building permit review must be submitted in conjunction with the city’s building permit application process. 8.Any substantive modifications to this Special Conditional Use Permit will require an amendment to this SCUP in accordance with Chapter 106, “Zoning” of the City’s Code of Ordinances. 9.Drainage requirements must meet Harris County Flood Control District standards. (added by P&Z Commission) 10.Property will be developed as a Class A facility based upon rates and amenities proposed by the Developer. (added by P&Z Commission) Action Required by Council: 1.Conduct public hearing. 2.Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve an Ordinance for SCUP #18-91000002 Approved for City Council Agenda ______________________________________________________ Corby D. Alexander, City ManagerDate ORDINANCENO. ANORDINANCEAMENDINGTHECODEOFORDINANCESOFTHECITYOFLA PORTE,CHAPTER106,MORECOMMONLYREFERREDTOASTHEZONING ORDINANCEOFTHECITYOFLAPORTE,BYGRANTINGSPECIALCONDITIONAL USEPERMITNO.18-91000002,TOALLOWFORTHEDEVELOPMENTOFA MULTI-FAMILY APARTMENT COMPLEXINAPLANNEDUNITDEVELOPMENT (PUD)ZONINGDISTRCT,ONA20 ACRETRACTOFLANDANDBEINGLEGALLY DESCRIBED AS TRACT 1L, ABSTRACT 35, J HUNTER SURVEY,LAPORTE, HARRISCOUNTY,TEXAS;MAKINGCERTAINFINDINGSOFFACTRELATED TOTHESUBJECT;FINDINGCOMPLIANCEWITHTHEOPENMEETINGSLAW; ANDPROVIDINGANEFFECTIVEDATEHEREOF; BEIT ORDAINED BYTHECITYCOUNCILOFTHECITYOFLAPORTE, TEXAS: Section1.Chapter106“Zoning”oftheCodeofOrdinancesisherebyamendedbygrantingSpecial ConditionalUsePermit#18-91000002,attachedheretoasExhibitAandincorporatedbyreference forallpurposes,toallowforthedevelopment ofa multi-family apartment complexona20acre tractofland,saidtractbeinglegally described as Tract 1L, Abstract 35, J Hunter Survey,LaPorte,Harris County,Texas,andsituatedwithinaPlannedUnitDevelopment(PUD)zoningdistrict. Section2.Allordinancesorpartsofordinancesinconsistentwiththetermsofthisordinanceare herebyrepealed;provided,however,thatsuchrepealshallbeonlytotheextentofsuch inconsistencyandinallotherrespectsthisordinanceshallbecumulativeofotherordinances regulatingandgoverning thesubjectmattercoveredbythis ordinance. Section3.Shouldanysectionorpartofthisordinancebeheldunconstitutional,illegal,orinvalid, ortheapplicationtoanypersonorcircumstanceforanyreasonsthereofineffectiveorinapplicable, suchunconstitutionality,illegality,invalidity,or ineffectivenessofsuchsectionorpartshallinno wayaffect,impairorinvalidatetheremainingportionsthereof;butastosuchremainingportion orportions,thesameshallbeandremaininfullforceandeffectandtothisendtheprovisionsof this ordinancearedeclaredto beseverable. Section4.TheCityCouncilofficiallyfinds,determines,recitesanddeclaresthatasufficient writtennoticeofthedate,hour,placeandsubjectofthismeetingoftheCityCouncilispostedat aplaceconvenienttothepublicattheCityHallofthecityfor thetimerequiredbylawpreceding this meeting,asrequiredbyChapter551,TX.Gov’tCode;andthatthis meetinghasbeen opento thepublicasrequiredbylawatalltimesduringwhichthisordinanceandthesubjectmatterthereof hasbeendiscussed,consideredandformallyacted upon.TheCityCouncilfurtherratifies, approvesandconfirmssuchwrittennoticeandthecontentsandpostingthereof. Section5.TheCityCounciloftheCityofLaPorteherebyfindsthatpublicnoticewasproperly mailedtoallownersofallpropertieslocatedwithintwohundredfeet(200’)oftheproperties underconsideration. Section6.TheCityCounciloftheCityofLaPorteherebyfinds,determines,anddeclaresthat allprerequisitesoflawhavebeensatisfiedandherebydeterminesanddeclaresthatthe amendmentstotheCityofLaPorteZoningClassificationcontainedinthisOrdinanceas amendmentstheretoaredesirableandinfurtheranceofthegoalsandobjectivesstatedin theCityofLaPorte’sComprehensivePlan. Section7.This ordinance shallbeeffectiveafteritspassageandapproval. th PASSEDANDAPPROVEDthis the 9dayof APRIL, 2018. CITYOFLAPORTE, TEXAS By: LouisR.Rigby,Mayor ATTEST: PatriceFogarty,CitySecretary APPROVED: ClarkAskins, Assistant CityAttorney FYIJCJU!B! ! ! City of La Porte Special Conditional Use Permit #18-91000002 Thispermitisissued to:Doak Brown OwnerorAgent Address ForDevelopmentof:Brownstone Apartments –Legacy at La Porte Development Name E 146 North of Wharton Weems Address Legal Description: A 20 acre tract of land legally described Tract 1L, Abstract 35, J Hunter Survey, Harris County, La Porte, TX Zoning: PUD, Planned Unit Development Use: Multi-family Permit Conditions: This Special Conditional Use Permit (SCUP) is applicable for the subject property, a copy of which shall be maintained in the files of the City’s Planning and Development Department upon approval. Project development shall be in accordance with the following conditions: 1.A site development plan shall be submitted in accordance with applicable requirements of the City of La Porte’s Development Ordinance and shall comply with all provisions of Chapter 106, “Zoning” of the City’s Code of Ordinances and all other department reviews and applicable laws and ordinances of the City of La Porte and the State of Texas. 2.Permitted use on site will be described as Multi-family. 3.The underlying zoning will be R-3. All Multi-family development requirements will need to be met. 4.All fire code requirements must be met, specifically regarding total number of required ingress and egress points. Approved General Plan must reflect these requirements. 5.Permitted density will not exceed 15.5 units/acre. This is in contrast to section 106-33 (a) of the City of La Porte Zoning Ordinance. 6.A Traffic Impact Analysis will be performed and submitted to the city for review prior to approval of the required site plan. 7.All necessary documentation for building permit review must be submitted in conjunction with the city’s building permit application process. 8.Any substantive modifications to this Special Conditional Use Permit will require an amendment to this SCUP in accordance with Chapter 106, “Zoning” of the City’s Code of Ordinances. 9.Drainage requirements must meet Harris County Flood Control District standards. 10.Property will be developed as a Class A facility based upon rates and amenities proposed by the Developer. Failure to start construction of the site within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If contract or agreement is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning and Development City Secretary City of La PortePlanning and Development Department Established 1892 Richard Mancilla, Director February 16, 2018 Honorable Mayor Rigby and City Council City of La Porte RE: Special Conditional Use Permit Request #18-91000002 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a regular meeting on February 15, 2018 to hear a Special Conditional Use Permit request by Doak Brown, applicant, on behalf of Bayforest Ranch, Ltd, owner; for a Special Conditional Use Permit to allow for the development of a multi- family apartment complex. The subject site is located on the east side of SH 146 north of Wharton Weems Blvd., and is legally described as Tract 1L, Abstract 35, J Hunter Survey. The subject site is zoned Planned Unit Development (PUD) and Section 106-659 of the Code of Ordinances requires a Special Conditional Use Permit for development within a PUD district. The Commission voted 8-0 to recommend approval of the proposed SCUP. Respectfully submitted, Ian Clowes, City Planner On behalf of the Planning and Zoning Commission cc: Richard Mancilla, Director of Planning and Development Department File City of La Porte 604 W. Fairmont ParkwayPhone: (281) 471-5020 Planning and DevelopmentLa Porte, TX 77571-6215Fax: (281) 470-5005 www.laportetx.gov The Legacy at La Porte www.thebrownstonegroup.net DEVELOPMENT SUMMARY The Legacy at La Porte Legacywill be a Class A residential apartment community that provides 294 new luxury units to the City of La Porte. While offering a wide range of residential options including one, two, and three bedroom floor plans, the interior features and exterior amenities will remain top-notch and exceed similar existing Class A apartment communities in the surrounding cities. The Legacy has been designed in a Texas Hill Country architectural style, while additionally blending the garden-style- apartment model to accommodate the increasing multi-family market demand in La Porte. Situated on twenty acres of land east of SH 146 between Fairmont Parkway and Wharton Weems Blvd., the Legacy development will serve residents from the increasing petrochemical job growth and economic expansion that is impacting the nearby ship channel. Moreover, this new community will provide luxury apartment options for nearby businesses and working residents in the La Porte vicinity which is not currently available in La Porte. Rental rates at the Legacy will range from approximately $1,150 for the smallest one bedroom units up to $1,700 for the three bedroom units. Residents will be responsible for paying all their utilities and will have the option to rent garages and covered parking for additional fees. Additionally, all residents will need to pass criminal background checks and credit checks. At Legacy, the interiors will feature luxury kitchens with designer cabinets, stainless steel appliances, luxury plank style flooring, crown molding, granite countertops, full size washers and dryers, and open living areas. Other distinctive features will include pantries, large walk in closets, garden size tubs with enclosed shower areas, desk alcoves in select units, and spacious balconies and patios with convenient outside storage. The exterior of Legacy will include a pleasurable design of stone, stucco, and cementitious siding construction on two and three story buildings. These attractive Class-A buildings will provide a comfortable residential feel situated around an internal water feature with a heavy use of pleasing landscaping and fencing around the perimeter. The clubhouse will feature a furnished community room with custom home finishes and a fitness center, outdoor grilling areas, along with the resort style swimming pool. Additionally, Legacy will be a gated access community and have attached and detached garages and covered parking options. the development will need to obtain a variance for four items. First, the zoning ordinance only allows 14 units per acre. The Lega units per acre. Second, the zoning ordinance limits multifamily developments to 180 units. The Legacy is proposing 294 units. Third, the zoning ordinance states that buildings cannot be closer than one-half the sum of the building heights of the two buildings. Fourth, the zoning ordinance prevents 3-story buildings adjacent to planned single family developments. Legacy is proposing 3 story buildings adjacent to the proposed single family development to the north. The Legacy development site was selected because of its PUD zoning which allows a multifamily use. We believe that the Legacy is worthy of a variance for density and spacing because La Porte needs this type of housing to be competitive with surrounding communities. There is currently no Class A apartment community in the City of La Porte. The City of La Porte is most likely losing residents who choose to live in surrounding communities despite working in or near the City of La Porte because of the lack of new multifamily developments. The proposed density and number of units of this development allows for nicer amenities than the 14 units per acre and 180 units limitations would allow. Additionally, strict compliance with the zoning ordinance is economically infeasible these days because of the cost of construction associated with Class A multifamily developments. Expected to exceed $35 million dollars in development costs at approximately $120,000 per unit, The Legacy at La Porte quality residential apartment communities. With successful existing developments in Pasadena, Pearland, Laredo, Bryan/College Station, and multiple other areas throughout Texas and the neighboring Gulf Coast States, the Brownstone Companies will deliver a quality product to the City of La Porte. PROPERTY DESCRIPTION & LOCATION Location: The site is located on the east side of SH 146 south of Fairmont Parkway and north of Warton Weems Blvd. Units: 294 Total Units Parcel Size: 20.0 Acres Density: 14.7 Units per Acre Stories: Two- and Three-Story wood frame construction Parking: 502 surface spaces (1.7 per unit) Unit Mix: 140 one bedroom / one bath units (47.6%) 130 two bedroom / two bath units (44.2%) 24 three bedroom / two bath units (8.2%) Average 945 square feet Unit Size: Unit Amenities Central Heating and Air Conditioning 2 Inch Wooden Mini Blinds Personal Balcony/Patio with Storage Brushed Nickel Plumbing Fixtures Luxury Plank Style Flooring Designer Ceiling Fans Deep Kitchen Sinks Designer Paint and Finish Built-In Desk (available in some units) Modern Kitchens with Breakfast Bars Large Soaking Tubs (available in some units) Upgraded Shower Heads Open Concept Floor Plans Tile Backsplash in Kitchens Granite Countertops Throughout Built-In Microwave USB Charging Ports Energy Efficient Stainless Steel Appliances Walk-In Closets Attached and Detached Garages and Carports Available Two-Tone Paint Full Size Washer and Dryer Two Custom Finish Packages Available Community Amenities: 24-Hour Emergency Maintenance Available Clubhouse with Resident Lounge Billiard Room 24 Hour Cyber Café Complimentary Coffee Bar Outdoor Lounge/Grilling Areas With Fireplace and Flat Screen TVs Resort Style Pool with Wifi Professional On-Site Management Pet Friendly Leash-Free Bark Park with Agility Equipment and Hydration Station Pet Washing Station Playground Resident Social Events Valet Waste Huge 24 Hour Fitness Center with State-of-the-Art Fitness Equipment Free Weights in Fitness Center Resident Package Receiving BBQ/Picnic Areas Business Center High Speed Internet AERIAL MAPS Since 2005, the Brownstone Companies have contracted for more than $630 million dollars worth of residential developments throughout Texas and the Southeast, consisting of 59 developments surpassing 7,100 units. Brownstone Construction, Ltd. Brownstone Commercial, LLC Brownstone Architects Planners, Inc. RESIDENTIAL COMMUNITIES The following is a list of developments that Brownstone has been a part of since 2005. The below list of developments are either completed, under construction, or in the pre-development phase. RESIDENTIAL COMMUNITIES The following is a list of developments that Brownstone has been a part of since 2005. The below list of developments are either completed, under construction, or in the pre-development phase. REPRESENTATIVE ARCHITECTURE / EXTERIOR AND INTERIOR PHOTOS 641 641 641 641 641 641 Highway 146, La Porte, Texas DATE: 294 Multi Family Units LEGACY AT LA PORTE 03/08/2018 PERMITTING, OR CONSTRUCTION. DRAWING ISSUE: NOT FOR REGULATORY APPROVAL, PROGRESS PRINT TEXAS REGISTRATION NUMBER: 4086 2018, ALL RIGHTS RESERVED REGISTERANT'S NAME: WILLIAM L. BROWN 0 www.thebrownstonegroup.netARCHITECTS AND PLANNERS, INC.WILLIAM L. BROWN, ARCHITECT6517 MAPLERIDGE713.432.7727 These documents may not be reproduced in anyform without the written consent of BrownstoneArchitects and Planners, Inc.This sheet is only one component of the totaldocument package which consists of all sheets ofdrawings and the project manual.ARCHITECTURALSITE PLAN -MULTI-FAMILY A1-3 BROWNSTONEHOUSTON, TEXAS 77081 PROJECT NUMBER: 1616 SPACES TO BE DEVELOPED ASSPACES MAY BE SUBSTITUTED) LANDSCAPE ISLANDS (UP TO 48 FEET (CANNOT OVERLAP W/ SETBACK)FEETFEETFEETSPACES (140 UNITS * 1.5 SPACES)SPACES (130 UNITS * 2.0 SPACES)SPACES (24 UNITS * 2.5 SPACES)SPACES** ZONING ALLOWS 8% OF REQUIREDSPACESSPACESSPACESSPACESSP ACESSPACESSPACES EQUIVALENCYSPACES 1515 000 25603023307642 210260530329488 530 MULTI-FAMILY3 FEET45 FEET60%/25% 20.00 ACRES294 UNITS24 UNITS20,000 S.F.20 ACRES25 FEET20 FEET (CANNOT OVERLAP W/ BUFFER)20 FEET5 ACRES (25% OF DEVELOPMENT)5+ ACRES (INCLUDES AREA OF PONDS) 19.06 ACRES (DUE TO R.O.W. LOSS)140 UNITS130 UNITS100 FEET1,012 FEET1,600 / 14.0 DU/A15.5 DU/A 1414 TANDEM @ GARAGE: UNCOVERED:CARPORT: 3-BED UNIT:TOTAL SPACES:ATTACHED GARAGE:SURFACE PARKING:ACTUAL PARKING:PARKING W/ LANDSCAPE: 2-BED UNIT:DETACHED GARAGE:LANDSCAPE ISLANDS: 1-BED UNIT: 3-BEDROOMS:PROVIDED:PROVIDEDPROVIDED:PROVIDED:PROVIDED: 2-BEDROOMS:REQUIRED:REQUIRED:@ FRONT YARD:@ SIDE YARDS:@ REAR YARD:@ UTILITY EASEMENT:REQUIRED:REQUIREMENT:@ SINGLE FAMILY (NORTH):@ GOLF COURSE (EAST):@ PUD (SOUTH):@ FRONTAGE ROAD (WEST):REQUIREMENT: 1-BEDROOM: NOTES (MULTIFAMILY):GROSS SIZE:SEC. 106-333. TABLE B, RESIDENTIAL REQUIREMENTSBUFFER ZONES: DEVELOPMENT SIZE:NET SIZE:NUMBER OF UNITS:UNIT MIX:USE:MIN. LOT AREA/D.U. S.F.:MIN. LOT WIDTH:MIN, YARD SETBACKS:MAX. HEIGHT:MIN. SITE AREA/UNIT S.F.:MIN. DEV. OPEN SPACE:MAX. LOT COVERAGE:PARKING: 40'-0" PRESUMED RIGHT-OF-WAY DEDICATION DETENTION POND FOR WET BOTTOM 25'-0" MULTIFAMILY SIDE YARD SETBACK 80'-0" SETBACK 1313 20'-0" SEWER EASEMENT 13 1212 CC BAAB BAAB 15 FGGF G1 FF 13 1010 HH (ABOVE)(ABOVE) G3 DD 17 6 GARAGE 23 6 TANDEM 18 10 DD 1111 16 20'-0" MULTIFAMILY SIDE YARD SETBACK 6 GARAGE CC 6 TANDEM 5 20 11 (ABOVE)(ABOVE) HH FF 89 14 FGGF 1010 EEEE 1012 EEEE 1414 DOG PARK 0909 18A 18B 7 -5 24'-0" WIDE ENTRY / EXIT DRIVES CLUBHOUSE 10 0808 POOL 8 -5 20 FITNESS WROUGHT IRON FENCE AT EASTERN EDGE OF PROPERTY FF G (ABOVE) 0707 H -7-7 8 (ABOVE) 6 TANDEM6 GARAGE H G PIER FF 0606 14 16 14 WET BOTTOM 9(3.38 ACRES) CC DETENTION POND DD BB -1-1 1 AA 0505 6 DD AA EE 1111 4 FGGF EE CC F 2 F BB HH (ABOVE)(ABOVE) 23 0404 6 GARAGE G1 6 TANDEM 27 6 GARAGE 6 TANDEM 3469 20 0303 3 (ABOVE)(ABOVE) HH FF 7 CDDCBAAB 121212 FGGF G2 CD 5 DCBA 3 AB 12 20'-0" MULTIFAMILY SIDE YARD SETBACK 25'-0" BUFFER YARD BETWEEN SINGLE FAMILY AND MULTIFAMILY 0202 GATES 0101 ARCHITECTURAL SITE PLAN - 20.00 ACRE TRACT WITH 294 MULTI-FAMILY UNITS SCALE: 1" = 50'-0" 1 J ABEFKL CDGHM REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriations Agenda Date Requested: April 9, 2018 Source of Funds: N/A Requested By: Ian Clowes, Richard Mancilla Account Number: N/A Department:Planning and Development Amount Budgeted: N/A Report: __X __Resolution: _____Ordinance: _X___ Amount Requested: N/A Exhibits: Ordinance P&Z Recommendation Letter Budgeted Item: N/A Existing Land Use Map Proposed Land Use Map ______________________________________________________________________________ SUMMARY & RECOMMENDATION This item is a request for consideration to amend the city’s Future Land Use Plan in conjunction with a request by Doak Brown of Brownstone Ventures, LLC, applicant, on behalf of 92 Fairmont Lakes, Inc., owner,who is seeking approval of aSCUPto allowfor a patio home development.The property in question is a 19.17acre tract of land located on the eastside of SH 146 south of the Baypoint Townhomes and is legally described as Tract 1, Abstract 35, J Hunter Survey. The city’s Future Land Use Plan (FLUP) identifies the subject property as “Mid-High Density Residential, “Commercial,”and “Mixed Use”. In order to accommodate the proposed zone change, the FLUP would need to be amended to show the property asa singular“Mid-High Density Residential”. The Planning and Zoning Commission, at their February 15, 2018 regular meeting, voted 8-0 to recommend approval of the proposed Future Land Use Amendment. Action Required by Council: 1.Conduct public hearing. 2.Consider action on a recommendation by the Planning and Zoning Commission to approve an Ordinance amending the City’s Future Land Use Plan for a 19.17 acre tract of land known as Tract 1, Abstract 35, J Hunter Survey, located on the east side of SH 146 south of the Baypoint Townhomes and as depicted in the attached exhibit. Approved for City Council Agenda ______________________________________________________ Corby D. Alexander, City ManagerDate ORDINANCENO. ANORDINANCEADOPTINGANUPDATETOTHEFUTURELANDUSEMAP COMPONENTOFTHECOMPREHENSIVEPLANOFTHECITYOFLAPORTE,TEXAS UPONRECOMMENDATIONOFTHEPLANNINGANDZONINGCOMMISSIONOFTHE CITYOFLAPORTE,TEXAS;FINDINGCOMPLIANCEWITHTHEOPENMEETINGS LAW;ANDPROVIDINGANEFFECTIVEDATEHEREOF. WHEREAS,Section211.004oftheTexasLocalGovernmentCodeprovidesthatzoning regulationsmustbeadoptedinaccordancewithaComprehensivePlan; WHEREAS,Section213.003oftheTexasLocalGovernmentCodeprovidesthatamunicipality mayamendaComprehensivePlanbyordinance,afterpublichearingandreviewbythemunicipality's planningcommissionordepartment;and WHEREAS,Section213.003oftheTexasLocalGovernmentCodealsoprovidesthata municipalitymayestablish,initscharterorbyordinance,proceduresforadoptingandamendinga ComprehensivePlan;and WHEREAS,Chapter106,"Zoning"ArticleI,Section106-3,andArticleII,Section106-65 oftheCodeofOrdinancesoftheCityofLaPorte,delegatestothePlanningandZoningCommission thedutytoreviewandmakerecommendationsrelevanttomodificationsoftheComprehensivePlan andZoningOrdinance;and WHEREAS,theCityofLaPortehasaComprehensivePlan,whichPlanwasadoptedbythe CityCounciloftheCityofLaPorte,Texasin1986,andwhichPlanhasbeenthesubjectofmultiple amendmentssinceitsadoption; WHEREAS,pursuanttomandateofChapter106,"Zoning"oftheCodeofOrdinancesofthe CityofLaPorte,thePlanningand ZoningCommissionoftheCityofLaPortehasreviewedall elementsoftheComprehensivePlan,andasdulyapprovedbytheCityCounciloftheCityofLa Porte,toconsiderpossibleamendmentsthereto;and 2 WHEREAS,attheLaPortePlanningandZoningCommissionmeetingwhichoccurredon February 15, 2018,theLaPortePlanningandZoningCommissionreviewedtheFutureLandUse MapcomponentoftheComprehensivePlanforthepurposeofconsideringproposedamendments thereto,tochangethedesignationforthat19.17acretractoflandgenerallylocatedontheeastside of SH 146.South of the Baypoint Townhomes,andlegallydescribedasfollows:Tract 1, Abstract 35, J Hunter Survey,TownofLaPorte,HarrisCounty,Texas,fromitspresentdesignationof“Mid-High Density Residential,”“Commercial,” and “Mixed Use”,to“Mid-High Density Residential",andatthe conclusionofsuchreviewtheLaPortePlanningandZoningCommissionvotedtorecommendtothe LaPorteCityCouncil suchamendmentsbemadetotheFutureLandUsePlancomponentofthe ComprehensivePlan; NOW,THEREFORE,BEITRESOLVEDBY THECITYCOUNCILOFTHECITYOFLAPORTE,TEXAS,THAT: Section1ThatanamendmenttotheFutureLandUseMapcomponentoftheComprehensive PlanoftheCityofLaPorte,Texas,whichisincorporatedto thisordinancebyreferencehereinand attachedheretoasExhibitA,beandisherebyauthorized,approved,andadoptedbytheCityCouncil oftheCityofLaPorte,Texas,afterdulynoticedpublichearingheldatitsApril 9, 2018meeting, pursuanttotherecommendationsofthePlanningandZoningCommissionoftheCityofLaPorte, Texas. Section2TheCitySecretaryoftheCityof LaPorteorherdesignatedrepresentativeshallbe requiredtomakethisamendmenttotheComprehensivePlanavailabletothepublicanddulymark andnotetheupdatedreferenceontheFutureLandUsePlancomponentoftheComprehensivePlan oftheCityofLaPorte,Texas. Section3TheCityCouncilofficiallyfinds,determines, recitesanddeclaresthatasufficient writtennoticeofthedate,hour,placeandsubjecttothismeetingoftheCityCouncilwaspostedat aplaceconvenienttothepublicattheCityHalloftheCityforthetimerequiredbylawpreceding thismeeting,asrequiredbytheOpenMeetingsLaw,Chapter551,TexasGovernmentCode;andthat thismeetinghasbeenopentothepublicasrequiredby lawatalltimesduringwhichthisordinanceand thesubjectmatterthereofhasbeendiscussed,consideredandformallyactedupon. 3 TheCityCouncilfurtherratifies,approvesandconfirmssuchwrittennoticeandthecontentsand postingthereof. Section4ThisOrdinance shallbeineffectfromandafteritspassageandapproval. Passedandapprovedthisthe9thdayofAPRIL2018. CITYOF LAPORTE,TEXAS By: LouisR.Rigby,Mayor ATTEST: By: PatriceFogarty,CitySecretary APPROVED: By: ClarkAskins,AssistantCity Attorney City of La PortePlanning and Development Department Established 1892 Richard Mancilla, Director February 16, 2018 Honorable Mayor Rigby and CityCouncil City of La Porte RE: Request #18-91000003 to Amend the Future Land Use Map Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a meeting on February 15, 2018 on a request to amend the City’s Future Land Use Plan as adopted in the Comprehensive Plan for a 19.17 acre tract of land located on the east side of SH 146 south of the Baypoint Townhomes and legally described as Tract 1, Abstract 35, J Hunter Survey. The request was for approval of a change of the future land use designation from “Mid-High Density Residential,” “Commercial,” and “Mixed Use” to “Mid-High Density Residential” use The Commission voted 8-0 to recommend approval of the proposed amendments to the City’s Future Land Use Map. Respectfully submitted, Ian Clowes, City Planner On Behalf of thePlanning and Zoning Commission cc: Richard Mancilla, Director of Planning and Development Department File City of La Porte 604 W. Fairmont ParkwayPhone: (281) 471-5020 Planning and DevelopmentLa Porte, TX 77571-6215Fax: (281) 470-5005 www.laportetx.gov T8 H VE O C S S RE P Y C EVOC RAD EC 641 641 641 HT8 E V O C S ES R P CY EVOC RADEC 641 641 641 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriations Agenda Date Requested: April 9, 2018 Source of Funds: N/A Requested By: Ian Clowes, Richard Mancilla Account Number: N/A Department:Planning and Development Amount Budgeted: N/A Report: __X __Resolution: _____Ordinance: _X___ Amount Requested: N/A Exhibits: Ordinance Proposed SCUP Budgeted Item: N/A P&Z Recommendation Letter Applicant Information and Request Zoning Map Land Use Map General Plan ______________________________________________________________________________ SUMMARY & RECOMMENDATION Applicant, Doak Brown of Brownstone Ventures, LLC, on behalf of 92 Fairmont Lakes, Inc., owner, is seeking approval of a SCUP to allow for the construction of a patio home developmentin the PUD Zoning District.The property in question is a 19.17acre tract of land located on the east side of SH 146south of Baypoint Townhomesand is legally described as Tract 1, Abstract 35, J Hunter Survey. The property is currently undeveloped. Previously, a SCUP had been approved for this site for La Porte Town Center, a mixed use commercial and mid/high density residential project. This approved SCUP expired on February 27, 2018 due to a lack of activity. The newly proposed project will consist of 84 individual patio home lots. Lot sizes will range in size from 4,567 square feet, up to 8,240 square feet and will have a proposed density of 4.6 units per acre. The site will include a detention facility that will act as a natural buffer between homes on the eastern edge of the property from the existing City Golf Course. Staff received 5 notices in opposition and 1 notice in favor of the proposed project. Most of the opposition centered on impacts to the Baypoint Townhome development to the north, drainage issues in the area, and additional traffic along the SH 146 feeder road. As a result to the opposition, the developer agreed to relocate the proposed secondary emergency access th St, which would have connected it to the Baypoint Townhomes, and instead, from S. 8 connect through the proposed apartment development to the south. Additionally, a condition in the SCUP will require submittal of a Traffic Impact Analysis (TIA) prior to any site plan approvals for the development. The Planning and Zoning Commission, at their February 15, 2018 regular meeting, voted 8-0 to recommend approval of the proposed SCUP, as presented which included the following conditions: 1.A site development plan shall be submitted in accordance with applicable requirements of the City of La Porte’s Development Ordinance and shall comply with all provisions of Chapter 106, “Zoning” of the City’s Code of Ordinances and all other department reviews and applicable laws and ordinances of the City of La Porte and the State of Texas. 2.Permitted use on site will be described as Patio Home. 3.The underlying zoning will be R-3. All Patio Home development requirements will need to be met. 4.In lieu of a zero lot line with an adjoining side setback of 10 feet, the developer is permitted to provide a 5 foot side setback on both side lot lines. 5.All fire code requirements must be met, specifically regarding total number of required ingress and egress points. Approved General Plan must reflect these requirements. 6.A Traffic Impact Analysis will be performed and submitted to the city for review prior to approval of the required site plan. 7.All necessary documentation for building permit review must be submitted in conjunction with the city’s building permit application process. 8.Any substantive modifications to this Special Conditional Use Permit will require an amendment to this SCUP in accordance with Chapter 106, “Zoning” of the City’s Code of Ordinances. Action Required by Council: 1.Conduct public hearing. 2.Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve an Ordinance for SCUP #18-91000003 Approved for City Council Agenda ______________________________________________________ Corby D. Alexander, City ManagerDate ORDINANCENO. ANORDINANCEAMENDINGTHECODEOFORDINANCESOFTHECITYOFLA PORTE,CHAPTER106,MORECOMMONLYREFEFREDTOASTHEZONING ORDINANCEOFTHECITYOFLAPORTE,BYGRANTINGSPECIALCONDITIONAL USEPERMITNO.18-91000003,TOALLOWFORTHEDEVELOPMENTOFA PATIO HOME DEVELOPMENTINAPLANNEDUNITDEVELOPMENT(PUD)ZONING DISTRCT,ONA19.17ACRETRACTOFLANDANDBEINGLEGALLY DESCRIBED AS TRACT 1, ABSTRACT 35, J HUNTER SURVEY,LAPORTE,HARRISCOUNTY, TEXAS;MAKINGCERTAINFINDINGSOFFACTRELATEDTOTHESUBJECT; FINDINGCOMPLIANCEWITHTHEOPENMEETINGSLAW;ANDPROVIDINGAN EFFECTIVEDATEHEREOF; BEIT ORDAINED BYTHECITYCOUNCILOFTHECITYOFLAPORTE, TEXAS: Section1.Chapter106“Zoning”oftheCodeofOrdinancesisherebyamendedbygrantingSpecial ConditionalUsePermit#18-91000003,attachedheretoasExhibitAandincorporatedbyreference forallpurposes,toallowforthedevelopment ofapatio home developmentona19.17acretract ofland,saidtractbeinglegally described as Tract 1, Abstract 35, J Hunter Survey,LaPorte,Harris County,Texas,andsituatedwithinaPlannedUnitDevelopment(PUD)zoningdistrict. Section2.Allordinancesorpartsofordinancesinconsistentwiththetermsofthisordinanceare herebyrepealed;provided,however,thatsuchrepealshallbeonlytotheextentofsuch inconsistencyandinallotherrespectsthisordinanceshallbecumulativeofotherordinances regulatingandgoverning thesubjectmattercoveredbythis ordinance. Section3.Shouldanysectionorpartofthisordinancebeheldunconstitutional,illegal,orinvalid, ortheapplicationtoanypersonorcircumstanceforanyreasonsthereofineffectiveorinapplicable, suchunconstitutionality,illegality,invalidity,or ineffectivenessofsuchsectionorpartshallinno wayaffect,impairorinvalidatetheremainingportionsthereof;butastosuchremainingportion orportions,thesameshallbeandremaininfullforceandeffectandtothisendtheprovisionsof this ordinancearedeclaredto beseverable. Section4.TheCityCouncilofficiallyfinds,determines,recitesanddeclaresthatasufficient writtennoticeofthedate,hour,placeandsubjectofthismeetingoftheCityCouncilispostedat aplaceconvenienttothepublicattheCityHallofthecityfor thetimerequiredbylawpreceding this meeting,asrequiredbyChapter551,TX.Gov’tCode;andthatthis meetinghasbeen opento thepublicasrequiredbylawatalltimesduringwhichthisordinanceandthesubjectmatterthereof hasbeendiscussed,consideredandformallyacted upon.TheCityCouncilfurtherratifies, approvesandconfirmssuchwrittennoticeandthecontentsandpostingthereof. Section5.TheCityCounciloftheCityofLaPorteherebyfindsthatpublicnoticewasproperly mailedtoallownersofallpropertieslocatedwithintwohundredfeet(200’)oftheproperties underconsideration. Section6.TheCityCounciloftheCityofLaPorteherebyfinds,determines,anddeclaresthat allprerequisitesoflawhavebeensatisfiedandherebydeterminesanddeclaresthatthe amendmentstotheCityofLaPorteZoningClassificationcontainedinthisOrdinanceas amendmentstheretoaredesirableandinfurtheranceofthegoalsandobjectivesstatedin theCityofLaPorte’sComprehensivePlan. Section7.This ordinance shallbeeffectiveafteritspassageandapproval. th PASSEDANDAPPROVEDthis the 9dayof APRIL, 2018. CITYOFLAPORTE, TEXAS By: LouisR.Rigby,Mayor ATTEST: PatriceFogarty,CitySecretary APPROVED: ClarkAskins, Assistant CityAttorney FYIJCJU!B! ! ! City of La Porte Special Conditional Use Permit #18-91000003 Thispermitisissued to:Doak Brown OwnerorAgent Address ForDevelopmentof:Fairmont Lakes North Development Name E 146 south of Baypoint Townhomes Address Legal Description: A 19.17 acre tract of land legally described Tract 1, Abstract 35, J Hunter Survey, Harris County, La Porte, TX Zoning: PUD, Planned Unit Development Use: Patio Homes Permit Conditions: This Special Conditional Use Permit (SCUP) is applicable for the subject property, a copy of which shall be maintained in the files of the City’s Planning and Development Department upon approval. Project development shall be in accordance with the following conditions: 1.A site development plan shall be submitted in accordance with applicable requirements of the City of La Porte’s Development Ordinance and shall comply with all provisions of Chapter 106, “Zoning” of the City’s Code of Ordinances and all other department reviews and applicable laws and ordinances of the City of La Porte and the State of Texas. 2.Permitted use on site will be described as Patio Home. 3.The underlying zoning will be R-3. All Patio Home development requirements will need to be met. 4.In lieu of a zero lot line with an adjoining side setback of 10 feet, the developer is permitted to provide a 5 foot side setback on both side lot lines. 5.All fire code requirements must be met, specifically regarding total number of required ingress and egress points. Approved General Plan must reflect these requirements. 6.A Traffic Impact Analysis will be performed and submitted to the city for review prior to approval of the required site plan. 7.All necessary documentation for building permit review must be submitted in conjunction with the city’s building permit application process. 8.Any substantive modifications to this Special Conditional Use Permit will require an amendment to this SCUP in accordance with Chapter 106, “Zoning” of the City’s Code of Ordinances. Failure to start construction of the site within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If contract or agreement is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning and Development City Secretary City of La PortePlanning and Development Department Established 1892 Richard Mancilla, Director February 16, 2018 Honorable Mayor Rigby and City Council City of La Porte RE: Special Conditional Use Permit Request #18-91000003 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a regular meeting on February 15, 2018 to hear a Special Conditional Use Permit request by Doak Brown, applicant, on behalf of 92 Fairmont Lakes, Inc., owner; for a Special Conditional Use Permit to allow for the development of a patio home development. The subject site is located on the east side of SH 146 south of Baypoint Townhomes, and is legally described as Tract 1, Abstract 35, J Hunter Survey. The subject site is zoned Planned Unit Development (PUD) and Section 106-659 of the Code of Ordinances requires a Special Conditional Use Permit for development within a PUD district. The Commission voted 8-0 to recommend approval of the proposed SCUP. Respectfully submitted, Ian Clowes, City Planner On behalf of the Planning and Zoning Commission cc: Richard Mancilla, Director of Planning and Development Department File City of La Porte 604 W. Fairmont ParkwayPhone: (281) 471-5020 Planning and DevelopmentLa Porte, TX 77571-6215Fax: (281) 470-5005 www.laportetx.gov DEVELOPMENT SUMMARY Fairmont Lakes North will be an approximately 85 lot single family residential subdivision situated on 19.17 acres of land east of SH 146 between Fairmont Parkway and Wharton Weems Blvd. The residential lots will be a minimum of 40 feet wide with the majority of the lots being in excess of 5,000 sq. ft. It is currently anticipated that homes in this subdivision will range in price from $180,000 to $258,000 with the average sales price being around $220,000. The homes are anticipated to range from 1,540 sq. ft. up to 2,900 sq. ft. with the average being around 2,200 sq. ft. Fairmont Lakes North complies with La PorteÔs zoning ordinance except that the subdivision will need to obtain a variance for one item. The 40 foot width lot is allowed under the zoning ordinance for patio homes meaning that one side of the home is required to be on the lot line. With a 40 foot wide lot the patio home would be 30 foot wide, and there would be 10 feet between each house. In lieu of placing the 30 foot wide home on the lot line, we are requesting to place the 30 foot wide home in the middle of the lot. With the 30 foot wide home being in the middle of the lot there would be 5 feet on either side of the house and 10 feet total between every house which is the exact same as if the home were on the actual lot line. We believe that Fairmont Lakes North is worthy of a variance for allowing the home to be moved 5 feet off the lot line because this type of patio home is more desirable from an ownership perspective. With the home not being on the lot line, maintenance of the home is much easier because one side of you home will not be on your neighborÔs property. Additionally, by moving the home 5 feet off the lot line, the home can have windows on both sides of the house to allow more natural light into the house. .!Gpvoefe!jo!2:5:-!IJTUPSZNBLFS!Ipnft!jt!b!gbnjmz.pxofe!dpnqboz!mfbe!cz!gpvsui!hfofsbujpo!DFP-!Ofmtpo!Njudifmm/.!Sbolfe!$71!po!Cvjmefs!Nbhb{jof“t!boovbm!mjtu!pg!mbshftu!cvjmefst!jo!uif!VT/!.!IJTUPSZN BLFS!Ipnft!fyqfdut!up!dmptf!pwfs!711!ipnft!jo!3128/.!Tqfdjbmj{fe!gpdvt!po!ofx!ipnf!dpotusvdujpo!pg!fousz!mfwfm!ipnft!gspn!uif!%281t!up!nje.%411t/.!IJTUPSZNBLFS!Ipnft!efwfmpqt!bqqspyjnbufmz!61&!pg!jut !pxo!mput/.!Pwfs!29!dpnnvojujft!bdsptt!uif!Ebmmbt0Gpsu!Xpsui!boe!Ipvtupo!bsfbt/!Dpnnvojujft-!Ijmmxppe!Efwfmpqnfou-!Xjmcpx!Dpsqpsbujpo-!Uif!Ibopwfs!Dpnqboz!boe!Mboe!Ufkbt/ . 928/95:/6211 943/759/2411 IPVTUPO!PGGJDF !! 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Being in the 100-plus-degree Texas heat and cleaning up trash from job sites didn't appeal to Mitchell. It took working for someone else to make the Texas A&M graduate in agricultural economics to wise up to his family's enterprise. "When you build a house, you start with a piece of dirt, and several weeks later, you are handing the keys to some really happy customers," said the 46- year-old executive. "I thought, 'This is really gratifying,' and you get to see the fruits of your work over time. It's very tangible gratification." Recently, the long-time North Texas homebuilder moved its corporate office to Grapevine, more than doubling its office operations in the region and matching rapidly-growing revenues. History Maker Mitchell moved the family-owned operations of Homes,Rendition HomesandRendition Luxury Homes, as well as about 130 employees, into the 28,000-square-foot office and showroom in Grapevine Station at 1038 Texan Trail. The new headquarters was custom-built for the builder. "We've grown a lot, and the company is a lot different than it was in the early 1990s," Mitchell said. "It's a much larger organization in multiple markets with three different product lines. We also have a lot more land development now, and I get a lot of personal satisfaction from that." and its That personal satisfaction has paid off forHistory Maker Homes affiliates, with the 68-year-old company on track to deliver an annual revenue of about $250 million, representing a 12 percent to 15 percent year-over-year boost in returns. The builder plans on delivering 850 to 900 homes this year in North Texas, History Maker with additional homes slated to arrive in Houston. Last year, Homesranked No. 9 on the Largest North Texas Homebuilders list, based on closing 800 homes in the region. We sat down to chat with Mitchell about the company's history and his plans for future business: Why did you decide you wanted to be in the family business? In a multi-generational family business, the opportunity is always there. But you have to come in and earn it. I have one sister who chose not to pursue anything with the family business, but it was an opportunity that was available if it was something we thought we would be passionate about and enjoy. Ultimately, my dad always told me, 'You want to be excited every day you roll out of bed and put your two feet on the ground.' You want to be excited about the work you do and be passionate about it. That was the most important lesson I learned. What makes you personally passionate about the homebuilding industry? I think the greatest thing about being a developer or homebuilder is that we get to go out there and see a raw tract of land, buy it, plan it, and then we end up building on it. If you fast forward a few years, a community is built with schools and buses dropping kids off at school. And you realize, you took a field with nothing on it and created a community. I think that's really special. I don't think a lot of people are able to have such an impact on so many people's lives and families by developing a community. How has the business grappled with rising land development costs? In Dallas-Fort Worth and Houston, it's highly advantageous to be able to self- develop home lots. We are all fighting for land because both markets are hyper competitive. To have those skill sets and to not be completely reliant on third- party land lot developers gives us a competitive advantage we think is necessary. All the big homebuildersare doing it. We've developed a good land development team that works alongside engineers, consultants and other trade partners we have worked with for decades. Where are you finding your home lots in North Texas and Houston? We moved to Houston a year ago and it's still a new market for us. We are in five communities. In Dallas-Fort Worth, we hit on all quadrants of the region, from west Fort Worth to East Dallas to Denton to Waxahachie to along the 380 corridor to the north Fort Worth-Alliance corridor to Mansfield and South Arlington. We are looking at more projects on the far east side of Interstate 30 on the other side of Lake Ray Hubbard. We want to find affordable land and deliver a home for under $300,000 for our History Maker brand. How do you compete against the bigger builders? Longevity in the marketplace is a big advantage for us. We are one of the larger private builders in the market. The private company structure allows us to remain nimble with local management and ownership living in the market that understands the dynamics of the submarket. We have a good network of land sellers and developers in town, and are able to get good looks at opportunities as they are being planned. Every developer wants a builder that has a good-looking product and is able to move inventory, and we do that. What could trip up North Texas' housing market? The two biggest hurdles are land prices and overall costs continuing to go up. I've heard new home prices are up 50 percent in the last five years, and that has never happened in my 22-year career, so that's very concerning. We can't continue that trend. Texas and Dallas-Fort Worth have been such great places that have been affordable over the last few decades. Hopefully, we don't get to a place where we lose that. That would slow things down quite a bit. Anecdotally, we are hearing there's definitely a push back from consumers who can't continue to absorb the price increases year-over-year. How long do you think this building boom will continue to occur? I feel goodabout the next couple of years. Anything beyond two to three years is hard for anyone to be accurate on what that looks like. The way the supply and demand is looking right now shows us that Dallas-Fort Worth will continue to see good opportunity for the next two to three years. We are still eagerly looking for lot positions. It's competitive to find and buy, and it's increasingly becoming difficult to work with cities to get entitlements as municipalities get overrun by work. Will we still see homes under$300,000 in the future?I sure hope so, but if this trend continues, the answer is probably not. Or we will continue to push out further and further into the fringes of the market, which has risks to it. The further you go, the further you are from job corridors and undeveloped school districts. A little more on Nelson Mitchell Words of wisdom:These words come from Mitchell's father: "You need to be excited every morning when you put your two feet on the floor to go to work. You need to be passionate about what you do." Neighborhood:Colleyville Family:Wife with three teenage boys. The eldest son headed off to Texas A&M this fall to study construction science, which tells Mitchell he may have an interest in the family business. https://www.bizjournals.com/dallas/news/2017/10/31/fourth-generation-ceo-rewriting-dfws-history- maker.html T8 H VE O C S S RE P Y C EVOC RAD EC 641 641 641 T8 H VE O C S S RE P Y C EVOC RAD EC 641 641 641 Highway 146, La Porte, Texas DATE: 84 Single Family Homes FAIRMONT LAKES NORTH 03/08/2018 PERMITTING, OR CONSTRUCTION. DRAWING ISSUE: NOT FOR REGULATORY APPROVAL, PROGRESS PRINT TEXAS REGISTRATION NUMBER: 4086 2018, ALL RIGHTS RESERVED REGISTERANT'S NAME: WILLIAM L. BROWN 0 www.thebrownstonegroup.netARCHITECTS AND PLANNERS, INC.WILLIAM L. BROWN, ARCHITECT6517 MAPLERIDGE713.432.7727 These documents may not be reproduced in anyform without the written consent of BrownstoneArchitects and Planners, Inc.This sheet is only one component of the totaldocument package which consists of all sheets ofdrawings and the project manual.ARCHITECTURALSITE PLAN -SINGLE-FAMILY A1-2 BROWNSTONEHOUSTON, TEXAS 77081 PROJECT NUMBER: 1616 1515 84 LOTSSINGLE-FAMILY SPECIAL LOT LINE, 0 LOT LINE"PATIO HOMES"4,500 S.F.SMALLEST LOT IS 4,576 S.F.40 FEETSMALL RECTANGULAR LOT WIDTH IS 40 FEET0 FEET (0 LOT LINE)35 FEET7,300 / 6.0 DU/A4.4 DU/ATHEREOF)4.3 ACRES (THE AREA NORTH OF THE LOTSWHERE THE DETENTION POND IS LOCATED) NOTE: CORNER TRIANGLE LOTS HAVE 40' WIDTHDIMENSION AT THE 20' FRONT SETBACK LINE50% (PER TABLE B, FOOTNOTE 19) 19.17 ACRES18.36 ACRES (DUE TO R.O.W. LOSS)10 FEET (PER TABLE B, FOOTNOTE 6)1 ACRE (MIN. 1/2 PER 80 UNITS OR FRACTION 1414 20 FEET 10 FEET PROVIDED:PROVIDEDSIDE 1:SIDE 2:PROVIDED:PROVIDED: REQUIRED:REQUIRED:REQUIRED:REQUIRED: NOTES (SINGLE FAMILY):ZONING FOLLOWED = R-2GROSS SIZE:SEC. 106-333. TABLE B, RESIDENTIAL REQUIREMENTS DEVELOPMENT SIZE:NET SIZE:NUMBER OF LOTS:USE:MIN. LOT AREA/D.U. S.F.:MIN. LOT WIDTH:MIN, YARD SETBACKS:FRONT:REAR:MAX. HEIGHT:MIN. SITE AREA/UNIT S.F.:MIN. DEV. OPEN SPACE:MAX. LOT COVERAGE: 1313 GATES TRIANGLETRIANGLE 12 8,240 SF4,581 SF8,240 SF 12 45 X 100+ 40 X 12540 X 12540 X 12540 X 12540 X 125 5,099 SF5,000 SF5,000 SF5,000 SF5,000 SF5,000 SF5,099 SF 8,240 SF8,240 SF 42.5 X 106+42.5 X 106+ TRIANGLETRIANGLE " 0 R50'-0" - ' 0 4,581 SF4,581 SF 5 R 45 X 100+45 X 100+ 50'-0" 1111 PARK ACCESS 5,412 SF WROUGHT IRON FENCE AT EASTERN EDGE OF PROPERTY 45 X 106 5,000 SF 40 X 125 5,625 SF 45 X 125 50'-0"50'-0" 5,000 SF 40 X 125 1010 40 X 13040 X 13040 X 13040 X 13040 X 130 5,430 SF5,200 SF5,200 SF5,200 SF5,200 SF5,200 SF5,430 SF 42.5 X 13042.5 X 130 20'-0" WIDE ENTRY / EXIT DRIVES 5,000 SF 40 X 125 5,000 SF (2.97 ACRES) 40 X 125 DETENTION POND 0909 5,000 SF 40 X 125 5,625 SF 5,430 SF40 X 1305,200 SF40 X 1305,200 SF40 X 1305,200 SF40 X 1305,200 SF40 X 1305,200 SF5,430 SF45 X 125 5,000 SF42.5 X 13042.5 X 130 40 X 125 5,000 SF THE PLATTING PROCESS. SHOWN FOR REFERENCE ONLY AND AREAPPROXIMATE AND SUBJECT TO REVISION DURING NOTE: LOT DIMENSIONS AND LOT AREAS ARE 40 X 125 5,000 SF 0808 40 X 125 5,000 SF 36'-0" 40 X 125 5,000 SF 40 X 125 5,000 SF 40 X 125 4,886 SF 40 X 114+ 5,000 SF 0707 40 X 125 4,576 SF 6,479 SF40 X 1305,200 SF40 X 1305,200 SF40 X 1305,200 SF40 X 1305,200 SF40 X 1305,200 SF5,430 SF 40 X 114 42.5 X 1305,000 SF 42.5+ X 130 50'-0" 40 X 125 4,576 SF 40 X 114 " 0 5,000 SF - ' 0 5 06 40 X 125 06 4,576 SF WROUGHT IRON FENCE AT EASTERN EDGE OF PROPERTY 40 X 114 5,000 SF 40 X 125 4,576 SF 40 X 114 5,412 SF 40 X 13040 X 13040 X 13040 X 13040 X 13040 X 130 5,200 SF5,200 SF5,200 SF5,200 SF5,200 SF5,200 SF5,430 SF 7,533 SF 32+ X 130 42.5 X 130 45 X 106 PARK ACCESS 0505 4,946 SF4,581 SF 45 X 105+45 X 100+ " 0 -36'-0" ' 0 5 RR50'-0" 14,123 SF8,240 SF TRIANGLETRIANGLE 0404 40 X 12540 X 12540 X 12540 X 12540 X 12540 X 12540 X 125 5,099 SF5,000 SF5,000 SF5,000 SF5,000 SF5,000 SF5,000 SF5,000 SF5,099 SF 20'-0" SANITARY SEWER EASEMENT TRIANGLETRIANGLE 4,581 SF42.5 X 106+42.5 X 106+4,581 SF 8,240 SF8,240 SF 45 X 100+45 X 100+ 0303 0202 0101 ARCHITECTURAL SITE PLAN - 19.17 ACRE TRACT WITH 84 SINGLE-FAMILY HOME SITES SCALE: 1" = 50'-0" 1 J ABEFKL CDGHM REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested April 9, 2018 P. Fogarty Source of Funds: Requested By Account Number: City Secretary Department: Amount Budgeted: Report: Resolution: Ordinance: Amount Requested: Budgeted Item: YES NO Exhibits: Exhibits: SUMMARY & RECOMMENDATION Ordinance No. 3274 establishes procedures for City Council meetings. Among other things, it provides that regular Council meetings are held on the second and fourth Monday of each month. It further provides that when a Council meeting falls on a legal or national holiday, meeting shall be held on such other date as determined by Council. May 28, 2018, is the date of the second meeting in May. It is also Memorial Day, a national th holiday; and City Hall is closed. Staff rehe May 28 meeting, as follows. Either: Reschedule the May 28, 2018, Council meeting; OR Cancel the May 28, 2018, Council meeting due to the Memorial Day holiday. th Should Council decide to cancel the May 28 meeting and the need arises to conduct business, a special called meeting would be scheduled. Action Required by Council: Consider approval or other action of the May 28, 2018, Council meeting as follows. Either: Reschedule the May 28, 2018, meeting due to the Memorial Day holiday; OR Cancel the May 28, 2018, meeting due to the Memorial Day holiday. Approved for City Council Agenda Corby D. Alexander, City Manager Date