HomeMy WebLinkAbout1999-03-15 Regular Meeting and Public Hearing of La Porte City Council
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Spero Pomonis, 218 Bay Colony Dr., La Porte, Texas addressed Council regarding Tax
Reinvestment Zones.
The following citizens addressed Council:
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAX PAYERS WISHING TO ADDRESS COUNCIL
Ayes: Sutherland, Engelken, Ebow, Gay, Young, Clarke and Mayor Malone.
Nays: None
Abstain: None.
Motion was made bv Counciloerson Sutherland to aporove the minutes of the RelZular
MeetinlZ on February 22. 1999 as presented. Second by Councilperson Engelken. The
motion carried unanimously.
3. Council considered approving the minutes of the Regular Meeting on February 22,
1999.
2. Reverend David Cochran delivered the Invocation.
Others Present: Spero Pomonis, Phobe Conerly, Mrs. Bobby Powell, Reverend
Cochran, Doug Latimar, Mr. and Mrs. Holland, David Hawes, Jamie Whitfield, Mike
Westergren, Larry Trecka, Tom Northrup and Stuart Haynsworth.
Members of City Executive Staff and Citv Emolovees Present: City Manager Robert T.
Herrera, Assistant City Manager Jeff Litchfield, City Attorney Knox Askins, City
Secretary Martha Gillett, Administrative Assistant Carol Buttler, Public Works Director
Steve Gillett, Planning Director Doug Kneupper, Director of Administrative Services
Louis Rigby, Chief of Police Bobby Powell, Human Resources Manager Sydney
Upchurch, Fire Marshal Paul Hickenbottom, Parks .and Recreation Director Steven
Barr, Purchasing Agent Susan Kelley.
Members of Council Absent: Peter Griffiths.
Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken,
Howard Ebow, Alton Porter, Deotis Gay, Charlie Young, Jerry Clarke, and Mayor
Malone.
Councilperson Alton Porter arrived at 6: 15 PM.
The meeting was called to order by Mayor Norman Malone at 6:00 p.m.
1. CALL TO ORDER
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING,
OF LA PORTE CITY COUNCIL
MARCH 15, 1999
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Director of Public Works Steve Gillett presented summary and recommendation.
9. Council considered approving an ordinance authorizing the City Manager to negotiate the
fmal easement document with Seadrift Pipeline Corporation.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Mayor Malone
Nays: None
Abstain: None
Motion was made by Councilperson Gay to approve the Ordinance as presented by Mr. Kneupper.
Second by Councilperson Ebow. The motion carried unanimously.
City Attorney read: ORDINANCE 1501-DD/SCU98-001 AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE
COMMONLY REFERRED TO AS THE ZONNING ORDINANCE OF THE CITY OF LA
PORTE, BY CHANGING CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND
HEREIN DESCRIBED; APPROVING AND AUTHORIZING A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF LA PORTE AND LA PORTE 81, LTD. , LA PORTE
82, LTD., AND LA PORTE 115, LTD., STUART HAYNSWORTH, GENERAL PARTNER
AND ATTORNEY IN FACT RESPECTFULLY; DAETWYLER ENTERPRISES
CORPORATION, AND THEIR SUCCESSORS AND ASSIGNS, FOR THE DEVELOPMENT
OF AN APPROXIMATE 293-ACRE TRACT IN THE CITY OF LA PORTE, TO BE KNOWN
AS THE TEXAS IMPORT-EXPORT PARK; MAKING CERTAIN FINDINGS OF FACT
RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINSG
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Director of Planning Doug Kneupper presented swnmary and recommendation.
8. Council considered approving Special Conditional Use Permit #SCU98-00 1 for a Planned Unit
Development (PUD) Zone.
Close Public Hearing - Mayor Malone closed the Public Hearing at 7:13 P.M.
Recommendation of Staff - The staff recommends approval of special conditional use
permit # SCD 98-001.
Public Input - There were no citizens wishing to address Council on this matter.
Review By Staff - Director of Planning Doug Kneupper presented swnmary and recommendation
regarding special conditional use permit (SCU) # SCU98-o01 for a proposed development within
a planned unit development (PUD) zone.
7. Open Public Hearing - Mayor Malone opened the public hearing at 6:20 P.M.
6. The City Council presented a Proclamation to the Red Cross recognizing their efforts in the
Bayshore area and the City of La Porte. Phoebe Conerly excepted the proclamation for the Red
Cross.
5. Mayor Malone and City Manager Robert T. Herrera presented Bobby Powell with a
gift and recognized his upcoming retirement. Mr. Herrera thanked Chief Powell for his
years of dedicated service with the City of La Porte.
City Council Minutes 3/15/99 - Page 2
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Council returned to the table at 9:03 PM.
Council adjourned Executive Session at 8:55 PM.
Council retired into Executive Session at 7:30 PM - see item 15 in the minutes.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Mayor Malone
Nays: None
Abstain: None
Motion was made by Councilperson Ebow to approve the Ordinance as presented by Mr.
Litchfield. Second by Councilperson Clarke. The motion carried unanimously.
City Attorney read: ORDINANCE 99-2316 - APPROVING NOTICE TO THE
GOVERNING BODIES OF HARRIS COUNTY, TEXAS, LA PORTE
INDEPENDENT SCHOOL DISTRICT, SAN JACINTO COLLEGE DISTRICT, PORT
OF HOUSTON AUTHORITY, HARRIS COUNTY HOSPITAL DISTRICT, AND
HARRIS COUNTY FLOOD CONTROL DISTRICT, REGARDING THE CITY'S
CONSIDERATION OF A CONTIGUOUS GEOGRAPHIC AREA WITHIN THE CITY
OF LA PORTE, TEXAS; ESTABLISHING A DATE FOR A PUBLIC HEARING ON
THE CREATION OF PROPOSED REINVESTMENT ZONE NUMBER ONE, CITY
OF LA PORTE, TEXAS; AUTHORIZING AND DIRECTING OTHER ACTIONS
PRELIMINARY TO THE CREATION OF THE PROPOSED REINVESTMENT
ZONE NUMBER ONE, CITY OF LA PORTE TEXAS; CONTANING FINDINGS
RELATING TO THE FOREGOING SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTNE DATE HEREOF.
Assistant City Manager Jeff Litchfield presented summary and recommendation.
10. Council considered approving an ordinance regarding establishing May 24, 1999 as the
date for a public hearing regarding the creation of Tax Increment Reinvestment Zone #1.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Mayor Malone
Nays: None
Abstain: None
Motion was made by Councilperson Engelken to approve the Ordinance as presented by Mr.
Gillett. Second by Councilperson Clarke. The motion carried unanimously.
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTNE DATE HEREOF.
City Attorney read: ORDINANCE 99-2315 - APPROVING AND AUTHORIZING A
RIGHT OF WAY GRANT FROM THE CITY OF LA PORTE TO SEADRIFf
PIPELINE CORPORATION; MAKING VARIOUS FINDINGS AND PROVISIONS
City Council Minutes 3/15/99 - Page 3
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B. LA PORTE LNESTOCK SHOW AND RODEO - MARCH 22-27, 1999
A. CHAMBER OF COMMERCE LUNCHEON - GUEST SPEAKER, AMOS
BROWN, DIRECTOR OF THE CORPORATION FOR ECONOMIC
DEVELOPMENT OF HARRIS COUNTY, INC. - MARCH 17, 1999
City Manager Robert T. Herrera reminded Council of the following events:
13. ADMINISTRATIVE REPORTS
Councilperson Ebow made a motion to vote on all Consent Agenda items together and
approve items presented. Seconded by Councilperson Clarke. Motion carried
unanimously.
D. CONSIDER A WARDING BID FOR THE ANNUAL SUPPLY OF SIGN
MATERIALS - S. Gillett
C. CONSIDER AUTHORIZING CITY MANAGER TO APPROVE CONTRACT
FOR LIFEGUARD SERVICES AT NEIGHBORHOOD POOLS - S. Barr
B. CONSIDER AWARDING BID TO REPLACE FANS AND LOUVERS AT
RECREATION FITNESS CENTER SWIMMING POOL - S. Barr
A. CONSIDER AWARDING BID TO REPLASTER NORTHWEST PARK
SWIMMING POOL - S. Barr
12. CONSENT AGENDA
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Mayor Malone
Nays: None
Abstain: None
Motion was made by Councilperson Sutherland to approve the Ordinance as presented by Mr.
Kneupper. Second by Councilperson Clarke. The motion carried unanimously.
Phase II - Construct Phase II as a 5-lane curb and gutter roadway with buried storm
sewer. Divert a significant portion of the drainage from the middle one-fourth of Phase II
(Little Cedar Bayou Watershed) to the south to drain through Phase I.
Phase I - Construct Phase I as a 4-lane divided roadway with a median ditch. Drain all
Phase I flows to a proposed, east-west, lateral ditch located toward the south end of
Phase I, and then into A 104-07 .
Planning Director Doug Kneupper presented City Council with an overview of the
expansion of Bay Area Boulevard. Staff is recommending going with the lowest
estimated cost of $14,407,000. The recommended plan includes the following:
11. Council received a status report on the Bay Area Boulevard extension.
City Council Minutes 3/15/99 - Page 4
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Passed and approved on this 12th day of April 1999.
/~~~~ .
Norman L. Malone, Mayor
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Martha A. Gillett
City Secretary
Respectfully submitted,
There being no further business to come before Council, the Regular Meeting was duly
adjourned at 9:27 PM.
17. ADJOURNMENT
No action taken.
16. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED
IN EXECUTIVE SESSION
Council returned to the table at 9:03 PM, with no action taken.
Council adjourned Executive Session at 8:55 PM.
Council retired into Executive Session at 7:30 PM under Section 551.075 (personnel Matters)
Meet with City Manager and City attorney to discuss personnel matters.
A. 551.075 (pERSONNEL MATTERS). DISCUSS PERSONNEL MATTERS
WITH CITY MANAGER AND CITY ATTORNEY
15. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN
MEETINGS LAW, CHAP'fER 551.071 THROUGH 551.076, AND 551.084,
TEXAS GOVERNMENT CODE, - (CONSULTATION WITH
ATTORNEY, DELIBERATION REGARDING REAL PROPERTY,
DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION,
PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES
DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A
WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN
INVESTIGATION)
Councilpersons Sutherland, Engelken, Ebow, Porter, Gay, Young, and Clarke brought
items to Council's attention.
14. COUNCIL ACTION
City Council Minutes 3/15/99 - Page 5
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CITY OF LA PORTE
INTEROFFICE MEMORANDUM
MARCH 10, 1999
TO:
Mayor and Council
FROM:
Robert T. Hegf~a~ager
Bobby Powell Retirement
SUBJECT:
We would like to recognize Chief Bobby Lee Powell who will retire at the end of
March.
Immediately before coming to La Porte, Bobby worked briefly as an operator at
Southern Petrochemicals in Channelview, and prior to that he had worked as a police
officer in Baytown, Texas, McComb Mississippi, and Havelock, North Carolina. Bobby
has over 33 years of law enforcement experience. He is also proud of the 8 1/2 years
he served in the United States Marine Corps.
Chief Powell began his career with the City of La Porte as a patrol officer on
October 26, 1970. There were a total of 12 officers in the Department. He was
promoted to Detective in 1975, and in January of 1976 was promoted to Patrol
Sergeant. He also served as Detective Sergeant. In June of 1980, he was promoted to
Patrol Lieutenant and later served as CID Lieutenant. In November 1990, he was
promoted to Chief of Police, and today there are a total of 62 officers in the department.
It is difficult to try and list all of his accomplishments for fear of missing some.
Bobby will be the first to tell you he has "seen it all" during his 28+ years at the City. He
has been involved in the technological changes in the department including installation
of computer aided dispatch. He has seen the DARE program flourish and the Citizen's
Police Academy born. He has been instrumental in acquiring grants to add police
officers to the department, and acquiring and implementing the community service
trailer and the DOT program.
Chief Powell has been a loyal and dedicated employee throughout his time with
the City of La Porte and he will be sorely missed.
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ottice of the l\!ayor
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l1!J~rrra1i : March is National American Red Cross Month;
and
WHEREAS, the Central Bay Area Branch of the American Red Cross
helps keep the community of La Porte safe with its many services, including disaster
relief, safety andfirst-aid training and medical transportation; and
WHEREAS, more than 200 Central Bay Area Branch Red Cross
Volunteers worked more than 10,000 hours last year alone;
WHEREAS, the Central Bay Area Branch awarded more than 7,500
certificates in areas such as CPR, first aid, water safety; child saftty; and disaster
preparedness last year alone;
WHEREAS, the American Red Cross is an independent non-profit
agency funded locally by the United Way. individuals, businesses andfoundations; and
WHEREAS, the values of the American Red Cross are
Humanitarianism, Impartiality, Service Excellence, Volunteerism and Internationalism.
NOW, THEREFORE, I, NORMAN L MALONE of the City of
La Porte, do hereby proclaim the month of March as
"AMERICAN RED CROSS MONTH"
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of
the City to be affIXed hereto, this the 15771 day of March, 1999.
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Norman 1. Malone, Mayor
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REQ-IST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 15,
Requested By: Doug Kneupp
Report
Department: Planning
esolution
xx
Ordinance
Exhibits:
Staff Report
Ordinance with Development Agreement including Special Conditional Use
Permit, General Plan, and Exhibits
Summary & Recommendation
A staffreport is attached, which supplies some background and analysis into this major
development project.
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Action Required by Council:
I
Consider approval of Special Conditional Use Permit #98-001 and authorize the City Manager
to execute the Development Agreement.
Availabllity of Funds: N/ A
General Fund
Capital Improvement
Other
Water IW astewater
General Revenue Sharing
Account Number:
Funds Available:
Yes
No
Approved for City Council Agenda
~~
Robert T. rrera v
City Manager
flit,
Date I'
Staff Report
Reauest:
Reauested Bv:
Reauested For:
Present Zonin!!:
Reauested Use:
Back2round:
Analvsis:
Texas ImportJExport Park, Phase
Special Conditional Use Permit #98-001
March 15, 1999
Special Conditional Use Permit Request #98-001
Proposed Development within a Planned Unit Development (PUD) Zone
La Porte 81, Ltd., La Porte 82, Ltd., La Porte 115, Ltd., by Stuart
Haynsworth, General Partner, and Daetwyler Enterprises Corp.
Approximately 292 acre tract in the Geo B. McKinstry, A-47; Wm. P. Hams
Survey, A-30; Johnson Hunter Survey, A-35 City of La Porte, Hams
County, Texas. The property is located in the 2000 Block of Powell Road
(So. 16th Street).
Planned Unit Development (PUD)
Industrial, Commercial and Multi-Family Residential
Texas ImportJExport Park is a proposed industrial, commercial and multi-
family residential development to be located in an area south of Fairmont
Parkway, north of McCabe Road and between existing Southern Pacific
railroad tracks and State Highway 146 South.
As part of a PUD, the applicant is responsible for submitting a Special
Conditional Use Permit (SCUP) Request and a General Plan. The Planning
and Zoning Commission initiated a Public Hearing for the SCUP request and
General Plan on July 21, 1998 and concluded that public hearing on August
20, 1998.
On March 3, 1999, P&Z unanimously recommended approval of the SCUP
request, General Plan, Development Agreement and all Exhibits.
This analysis portion will attempt to add insight to the significant
components of the development submittal. The development submittal is
assembled in a fashion where the Development Agreement is the main
document and the SCUP, General Plan and other documents are exhibits to
the Development Agreement.
Development Agreement:
Article n General Plan and Land Use - The General Plan is identified as
Exhibit "C" and contains general information regarding the development of
the entire 292-acre site. Significant features of the General Plan are the
contemplated land uses, open space and storm water detention areas,
landscape and buffer areas and roadway network. Article n also addresses
additional land use restrictions. These are more specifically defined in
Exhibit "0" which will be discussed later in this analysis.
Article m Restrictive Covenants - Restrictive covenants are identified as
Exhibit "E" and are in draft form for this phase of the development. Future
stages of this PUD development will require finalizing and recording
Texas ImportJExport pI Phase I
March 15, 1999
Page 2 of4
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covenants with subdivision plats. Significant components of the covenants
will be discussed later.
Article V Open SpacelI'rail, ButTering and Beautification - The open
space and trail as identified. in this project are both consistent with the City's
Comprehensive Plan. The General Plan (Exhibit "C") and Exhibit "F" show
the relationship of these features and also demonstrates how the trail system,
open space area, and the stormwater detention system are interrelated. This
Article provides an option where the City may elect to accept these facilities
depending on the final design. Buffering and beautification is also addressed
under Article V. As shown on the General Plan, a 100' wide landscape
buffer is provided along the west side of Powell Road. A 50' wide
landscape buffer is provided along SH146. In addition, landscaping will be
provided within building setback areas and easements throughout the project.
Signage is part of this Article, but is more specifically defined in the
Restrictive Covenants (Exhibit "E"). Staff is requesting that a consistent
theme and design be used for all signs within this development.
Article VI Schedule - The schedule identifies the infrastructure components
that will be needed for Phase I. As additional phases are proposed, staff will
review the infrastructure schedule to insure that adequate facilities are being
constructed to serve the needs of this project.
Article vm Traffic Control Plan - Truck traffic is typically associated
with this type of commercial and industrial development. In an attempt to
reasonably control truck traffic, Exhibit "G" is included to further define
how truck traffic will be handled. This agreement contemplates that all
trucks will enter and leave the site via SH146 and Wharton Weems Blvd.
and no trucks will proceed north along Powell Road to Fairmont Parkway.
The use of signs, driveway design, routing plans, and individual driver
instruction will be used to implement these provisions. This Article also
addresses driveway access. Staff and the developer have attempted to limit
the installation of driveways within this project by implementing shared-
access and cross-access easements. More specific review of this will occur
during site plan and plat review as subsequent phases develop. The ultimate
total number of drives along the SH146 feeder road is limited to 18. This
assumes that some of the larger tracts will require at least two drives, while
some smaller tracts may not require any drives and will utilize a shared
access. Paragraph 8.4 recognizes the profound benefits ofa grade separation
between Fairmont Parkway and the Union Pacific Railroad (Overpass). The
developer has agreed to contribute $50,000 towards a preliminary
engineering study that is the first step in getting this overpass in place. A
very thorough preliminary engineering study is estimated to cost $70,000.
Article IX Site Rail Traffic - The developer has committed to managing
on-site rail activities to establish efficient rail car movements that may
decrease conflicts at Fairmont Parkway. Also, the maximum number of rail
lines is established at 22 and no rail lines will cross Powell Road.
Texas ImportJExport P. Phase I
March 15, 1999
Page 3 of4
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Article X Utilities, Drainage - Staff and the developer have agreed that the
water system will need to deliver between 4000 and 6000 gallons per minute
to provide suitable fire protection. This may be accomplished by tapping
into the City's existing 16-inch water line on the east side of SH146.
Sanitary sewer service can be provided via the City's existing trunk sewer
main in the K Street right-of-way just south of Fairmont Parkway.
Stormwater facilities will be designed in accordance with City and HCFCD
requirements. Design of stormwater detention basins will accommodate
features of the Open Spaceffrail System.
Exhibit "B" Metes and Bounds Description
This exhibit establishes the overall boundary of this development. This
boundary is shown on the General Plan.
Exhibit "C" General Plan
The General Plan basically depicts the ultimate layout of the development. It
identifies future land uses, street alignment, utilities and drainage, buffer and
setback areas.
Exhibit "D" Land Use Exceptions
The General Plan makes broad references to land use categories. This
exhibit further defines the land uses that are acceptable within various tracts
of this development. Basically, uses that are currently permitted within our
zoning ordinance are permitted here with some exceptions. In the Business
and Retail (GC) tracts, general contractors, automotive services, outdoor
sales and outdoor storage are not permitted. In the Office/W arehouse (BI)
tracts, general contractors, automotive services, outdoor sales and outdoor
storage, and off-premise signs are not permitted. In the Light Industrial (LI)
tracts, manufacturing of chemicals, outside storage including shipping
containers, off-premise signs and a few other uses are not permitted. In
Reserve" A" labeled as RaillW arehouse the uses permitted in the (LI) tracts
are permitted here including rail activities. Shipping containers that are in
transit or are being used to deliver material into or out of the project will be
permitted. This use of shipping containers may be incidental to some
permitted uses.
Exhibit "E" Declaration of Covenants and Restrictions
At this stage, this exhibit is in draft form. As this development progresses,
and plats are filed for each section, the restrictive covenants will be finalized
and filed for record along with the subdivision plats. The Restrictive
Covenants document provides initial and long-term property control.
Through the assessment of fees, the Property Owner's Association maintains
landscaped areas, common areas, perimeter fences and open space areas.
Some of the significant property controls that the Restrictive Covenants
provides are in the areas of architectural design of buildings, landscaping,
and signs. In the area of architectural design, the document states that
Texas Import/Export ~ Phase I
March 15, 1999
Page 4 of4
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exterior walls shall have brick, exposed aggregate concrete, or glass and that
no buildings shall be covered with aluminum, iron, or steel. With regard to
landscaping, staff is only requesting that a uniform design theme be utilized
throughout this project. This is also .the case with signs. Uniform design and
application of signage to create a unified campus appearance is the intent.
Assistant City Attorney, 10hn Armstrong, has provided comments regarding
the Covenants and Restrictions and these are provided for your review at the
end of this report. P&Z is recommending the inclusion of these comments
when the Covenants and Restrictions are finalized and recorded with the
subdivision plats for each section of this development.
Exhibit "F" Preliminary Detention I Open Space Plan
This exhibit shows cross-sections and some detail of how the trail system,
open space areas, and stormwater detention systems will interrelate. It is
anticipated that all these systems will be constructed in ph~es as each is
needed to support the section being developed. The Development
Agreement allows for the City to accept the trail and open space systems
depending on the final design and function.
Exhibit "G" Traffic Control Plan
The purpose of this exhibit is to insure the efficient flow of traffic to, from
and within the project in a manner that will minimize adverse impacts to the
existing thoroughfare system of the area. Traffic control features established
in this exhibit will be enforced through the Restrictive Covenants with
oversight by the City. The Traffic Control Plan will be implemented through
site plan design, driveway design, and the placement of esplanade openings.
This exhibit also includes guidelines that can be used to assist in designing
facilities that will better accommodate truck traffic.
Exhibit "H" Barris County Thoroughfare Design Guidelines
This exhibit is intended to provide design assistance for all the public
roadways within this development. These guidelines require additional
pavement thickness among other requirements in anticipation of the traffic
loading this development will generate.
Conclusion:
Staff and the Developer have worked hard on a development proposal that
we feel is in the best interest of the City of La Porte. All applicable
elements of the Comprehensive Plan were reviewed and incorporated into
this development proposal. Staff is recommending approval of the Special
Conditional Use Permit, General Plan, Development Agreement, and all
Exhibits contained therein as presented.
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Comments on the
Declaration of Covenants, Restrictions, Easements, Charges and Liens for
Texas Import/Export Park
1. The submitted draft is obviously boilerplate and has not been specifically tailored to
the Texas Import/Export Park. As such, numerous blanks need to be filled in, and
numerous incorrect references (such as an incorrect recording reference on page 1)
need to be revised.
2. Definitions for the City of La Porte, the Special Conditional Use Permit, and the
Development Agreement need to be added.
3. In the definition of Common Areas and Common Facilities, the definition needs to be
changed to indicate that at such time as the City of La Porte accepts by easement
or fee facilities for park land within the boundaries of the tract, those areas will be
removed from the definition of Common Areas and/or Facilities.
4. Provision needs to be included in the Deed Restrictions indicating that whenever
there is a conflict between the Deed Restrictions and/or the Development
Agreement, the terms of the Development Agreement will control and the
Covenants and Restrictions shall be subservient to that.
5. Under Section 5, Additional Restrictions, specific provisions shall be made to
prohibit the storage, on even a temporary basis, of shipping containers. Specific
provision shall be made to merely allow the temporary loading and/or unloading of
shipping containers, but only incidental to the raillwarehouse areas, or the Light
Industrial areas.
6. Covenants and Restrictions should run with and bind the development until a date
certain in the year 2049.
7. The date at the end of the document needs to be changed from 1996 to 1999.
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Comments on the Protective Covenants
1. In Section 1, Permitted Uses, we need to refer to the General Plan and Exhibit "0"
of the Development Agreement for a list of permitted uses and delete all other
references to permitted uses in Section 1.
2. Whenever there is conflict between the Protective Covenants, Special Conditional
Use Permit, and/or the Development Agreement, the terms of the Development
Agreement will control.
3. Under Section 3, Architectural and Design Control, delete inserted reference to "not
considered architecturally finished" and a reference needs to be added that "no
metal buildings shall be permitted."
4. Under Section 9, Screening, a provision needs to be added that screening will be
provided for truck courts which face Powell Road and/or State Highway 146.
5. Under Section 12, Signs, Consistent with the terms of the Development Agreement,
signage for the track shall be uniform and shall follow a consistent design
throughout the development. A sign consultant shall be utilized to develop such
uniform and consistent signage plan throughout the track and the plan that is
developed shall be approved by the City of La Porte and be enforced throughout the
track by the Association. No deviation in signage shall be perm itted except by
recommendation of the Board of the Association, and approved by the Planning
Director of the City of La Porte upon such recommendation.
6. Under Section 24, Conflict with Deeds of Conveyance. Add another reference to my
previous comment that the Development Agreement governs between conflicts and
this document and the Development Agreement and/or Special Conditional Uses.
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ORDINANCE NO. 1501-..Q.Q...
ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING
ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING CLASSIFICATION OF
THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; APPROVING AND
AUTHORIZING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LA PORTE
AND LA PORTE 81, LTD., LA PORTE 82, LTD., AND LA PORTE 115, LTD., STUART
HAYNSWORTH, GENERAL PARTNER AND ATTORNEY IN FACT RESPECTFULLY;
DAETWYLER ENTERPRISES CORPORATION, AND THEIR SUCCESSORS AND
ASSIGNS, FOR THE DEVELOPMENT OF AN APPROXIMATE 293-ACRE TRACT IN
THE CITY OF LA PORTE, TO BE KNOWN AS THE TEXAS IMPORT -EXPORT PARK;
MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
"Section 1. The City Council of the City of La Porte hereby finds, determines
and declares that heretofore, to-wit, on the 21st of July, 1998, at 6:00 p.m. a Public
Hearing was held before the Planning and Zoning Commission of the City of La Porte,
Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551,
Texas Government Code, to consider the question and the possible reclassification of
the zoning classification of the hereinafter described parcels of land. There is attached
to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part
hereof for all purposes, a copy of Notice of Public Hearing which the City Council of the
City of La Porte hereby finds was properly mailed to all owners of all properties located
within two hundred feet (200') of the properties under consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "B", incorporated by reference herein and made a part
hereof for all purposes.
e
ORDINANCE NO. 1501- DD
Page 2
e
"Section 3. Subsequent to such public hearing, the Planning and Zoning
Commission of the City of La Porte met in regular session on the 3rd day of March,
1999, at 6:00 p.m., to consider the changes in classification which were the subject of
such public hearing. The City Council of the City of La Porte is in receipt of the written
recommendations of the City of La Porte Planning and Zoning Commission, by letter
dated March 4,1999, a true copy of which letter is attached hereto as Exhibit "C",
incorporated by reference herein and made a part hereof for all purposes.
"Section 4. Subsequent to receipt of the recommendation of the City of La
Porte Planning and Zoning Commission, the City Council of the City of La Porte called a
public hearing on the proposed classification changes and the recommendation of the
Planning and Zoning Commission on the 15th day of March, 1999, at 6:00 p.m., and
pursuant to due notice, to consider the recommendation of the Planning and Zoning
Commission regarding the possible reclassification of the zoning classification of the
hereinafter described parcels of land. There is attached to this Ordinance as Exhibit
"0", incorporated by reference herein and made a part hereof for all purposes, a copy of
the notice of public hearing which the City Council of the City of La Porte hereby finds
was properly mailed to the owners of all properties located within two hundred feet
(200') of the properties under consideration.
"Section 5. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "E", and incorporated by reference herein and made a part
hereof for all purposes.
. "Section 6. The City Council of the City of La Porte hereby accepts the
recommendation of the City of La Porte Planning and Zoning Commission, and the
e
ORDINANCE NO. 1501- DO
Page 3
-------
V
zoning classification of the hereinafter described parcels of land, situated within the
corporate limits of the City of La Porte, is hereby changed in accordance therewith, and
the zoning classification of said parcels of land shall hereafter be " PUD - Planned Unit
Development with a Special Conditional Use Permit" for commercial, business park,
some rail-serviced warehouse uses and multi-family residential and retail uses. The
conditions of said Conditional Use Permit shall be that the property be formally platted
as a 293.8036 (more or less) acre tract. Further conditions are as set forth in the
Motion and Recommendations of the Planning and Zoning Commission of the City of
La Porte, and shall be as set forth within the incorporated terms of the SCUP, a true
copy of which is attached hereto as Exhibit "F". The description of said parcels of land
rezoned pursuant to said SCUP are as follows, to-wit:
Approximately 293.8036 acres of land out of the George B. McKinstry
League, A-47; William P. Harris Survey A-30; Johnson Hunter Survey,
A-35 and more particularly described by "Exhibit G" attached hereto.
"Section 7. The City Council hereby approves and authorizes the Development
Agreement in substantially the form as shown in the document which is attached hereto
as "Exhibit H" and incorporated herein by this reference, by and between the City of La
Porte and LA PORTE 81, LTD., LA PORTE 82, LTD., and LA PORTE 115, LTD., Stuart
Haynsworth, General Partner And Attorney In Fact respectfully; Daetwyler Enterprises
Corporation, and their successors and assigns, for the development of an approximate
293-acre tract. as herein described in the City of La Porte, to be known as the TEXAS
IMPORT-EXPORT PARK. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La Porte. The City Secretary
e
ORDINANCE NO. 1501-.D.Il-
Page 4
.
is hereby authorized to attest to all such signatures and to affix the seal of the City to all
such documents.
"Section 8. The City Council of the City of La Porte hereby finds, determines,
and declares that all prerequisites of law have been satisfied and hereby determines
and declares that the amendments to the City of La Porte Zoning Map and
Classification contained in this Ordinance as amendments thereto are desirable and in
furtherance of the goals and objectives stated in the City of La Porte's Comprehensive
Plan.
"Section 9. The City Council officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the
City Council was posted at a place convenient to the public at the City Hall of the city
for the time required by law preceding this meeting, as required by the Open Meetings
Law, Chapter 551, Texas Government Code; and that this meeting has been open to
the public as required by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted upon. The City
Council further ratifies, approves and confirms such written notice and the contents and
posting thereof.
"Section 10. This Ordinance shall be in effect from and after its passage and
approval.
Passed and approved this the ~ day of March, 1999.
e
ORDINANCE NO. 1501- DD
Page 5
ATTEST:
By ~dUJ,/L O,II.//iLl
MART A GILLETT, '
City Secretary
.
e.
.
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 21st
day of July; 1998, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La
Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request
SCU 98-001, which has been requested for approximately 103 acres out of a 342.262 acre tract in
the Geo B. McKinstry, A-47; Wm. P. Harris Survey, A-30; Johnson Hunter Survey, A-3S; City of
La Porte, Harris County, Texas. The property is located in the 2000 Block of Powell Road (So. 16th
Street). Mr. Tom R. Noithrup, authorized representative for the property owner, Stuart
Haynsworth, General Partner of Brookhollow Corporation, is seeking approval of a permit for the
development of Phase I of a Pelletized Plastics Storage, Sales & Distribution facility. This phase of
the development will be a rail-oriented warehouse facility capable of handling products by rail and
truck. A Special Conditional Use Permit is required for the proposed development to be located
within a Planned Unit Development (p.U.D.) Zone, per Section 106-637 of the Code of Ordinances
of the ~ity of La Porte.
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the purpose of considering the public hearing item and to conduct other matters pertaining to the
Commission.
Citizens wishing to address the Commission pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
EXHIBIT A
1200 Hwy. 146
Suite 180
P.O, Box 1414
e
-
The B. '0;.; '{J
'4:' 4"t: ,
.~ " ,. .
,,' ~~'
'n~
· Voice 0' '<dd
~~
La Porte, Texas 77571
(713) 471-1234
re Sun
County of Harris
State of Texas
Before me, the undersigned authority, on this date
came and appeared John Black, F..ditor & Publisher of
The Bayshore Sun, a seni-weekly ne'lspaper published
in the City of La Porte, Harris ('..ounty, Texas, and
l.,ho after being duly S\'JOrn, says the attached notice
\-laS published in The Bayshore Sun oi..1U....L.L( l.....~ J C,Cj8
~~
John Black
Editor & Publisher
S\'~rn and subscribed before me this q ~y of
"-VI!Cll1'l'h , 19 ~ q
I.-.~ j. b-~
Sandra E. B1mgarner
Notary Public
H::rrris County, Texas
. .' I. "t' t. 'J"I;'I~.ilit~.':'" t~ ~
~.~jSl.IG i~Q!19!=~..;:~""~:, ~;j :"';";4
- NOTIO:r.OF P,UBLlC? H f.\1~, ,~:'..:
. -', , !. In, 'iccorda~c~ -:;;iih.'f.;'~l
provisions of Section 106-17,1 of the Cqde
of Ordinances of the ~ity of La Po~te~ ~
the provisions of ttie J'exas-' ~
Government Code, notice is hereby ~
that the La Porte ~Iannlng and Z9Jiin9.
Commission will conduct Ii publlc,~~!
at 6:00 p.m. on the 21st day of July, 1_.
in the Council Chambeni of the CitY HaI,~
604 West Falmiont Parkway. La Fbrte;t... ;
The purpose of this h~~ring i~ t9 c.9~,
Special COnditional Use Perm,lt Re~
SCU98..Q01, which has been requested b
approximately 103 acres out of a ~2~262
acre tract in the 'Geo B. McKinsrty, +.47;
Wm. P. Harris Surll8y, A-30; Johnson Hln8r
Survey. A-35; City of La Forte. Harris ~
Texas. 'aiTe. arty is located .in the 2090
Block of PaWe oad (So, 16th,Street). ~.
Tom R. " ,utho represent8tlve'
for the p' tuart Haynsworth,
General Pa . of, : Brookho/low
cOrpo,auon.' eekinlg. val of a pe~
tlr 1he of I of a Fellel1z8d .
Plastic to S &' DistribUtiOn:
facility. This of t deve!opment wili
be a' rail- rehouse. facility
capable of , Ir1Q producls by ra,1 and,juck.
A Special onditional Use Permit 18
required for the. proposed ,developi!1e6t~'
be located' within . 'a' Pla'nri8d HJmr
Dev8Iopi-nent '(p.U.D.) Zooe. per ~~f()6.;":;
637 of the Code of Ordinances of the,C","
ofL8Porte. ~, '".'. ...::'......:..~....::~
". ,.... .:;....:..t.
. A reguiai' meeting;, of.: tt.!e
PIannI and Zool CommISsion Will foIJOW
'the p~IiC heSri:: for' ~e PU~PO~;9(
considering the public hea~ng i~em ~.~\
condiJct other matters pertaining .to' 1h8,
Cominlssion.'~ ;.; ':"1':;'\ ", ~~ri'~a
, . '". Ci~z~ns ~i~~i'~~ ~o ~~~;~~"~
Commission prop or con during the PUblIc
Hearing will be required to sign in .before
th8 meeting is co~ned..r. " 1(,""
.' ."!. ...:1:' .; :'~':'. ~~i~t~ri . ":.f~
_~:-::,.~ITY ~F LA PORT~t..,.".j: ~"l!1
&.....,...-..;- .....
, M:tc;'GilletI'-~': ft. i~;,' ',;
. .......... .....
CIty retaly' ,A: ':, . :l
EXHIBIT B
1200 Hwy. 146
Suite 180
P.O, Box 1414
e
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La Porte, Texas 77571
(713) 471-1234
ThB'i{t S
'.. ':. :~ ' (i re un
~1 ~~ .:~
e ,", ;"';~WfJ
. t.. ,. j' ~~ 'Ji"4t~,~~
'Voice Or'T!;,~'~,lf!.!f$e"Since 1947'
, ,. ..,.. in <'~cccird.~nc~ ~:~iWtih. ;: th.
, provisions of S.cticin 1 06-.17,1.of the Code
of OJdlnances of the City of La Porte'. &nd
the '!prCl'ilslons"'!of -'ths-:',Texas"L.OcaI
Government Code, notice is hereby given
tbIIl ")he .La Porte p,laonln~f8nd;~,
Commission will conduct i ptibll~l:I~
at 8:00 p,m. on the 21st ~.of July, .t_,
In the CouncilChambera of the,CItYHII,:
604 West Falmlont Parkway, La Fortel,:iIIa
The pu~e of this he~ng'~ '~'co=' '_
Special COnditional Use Permit R . '
SCU98-001, which has been request8d tor
approximately 103 acres out of a ~2.282
8Cf8 tnict In .the 'Geo B. McKlnsrty, A:47;
Wm. P. HarrIs SuMly, A-3O; Johnson IUII8r
~ A-35; City of La Porte, HarrIs ~
Texas, 'aiTh. rty is locatecl in the 2000
Block of PoWe oad (So, 16th Street). Mr.
Tom R. , ulho' representative
for the pi tuart Haynswor1h,
G~8ral ' ',Pa ',of.. ' Brookhollow
Corporation ekln~' of a penftI,
b the 01 ,01 a PIlDelllld,
PlastI to . S &" 'DIstribUtIon:
facility. This of development'WIi
be a .rall- rehouse, facility
capatlIe,of .' 1'19 prcducIs by niI/ Blid.tIA
A Special nditionaJ 'Us8~Permlt ,II.
requ!rec! for, th~.proJK!S8C!_dev.elop~ ~
be located, ....within '.a Planried ....unlt'
!J81..1l8l'lt{P.U.D.) Zone, per Sec:tlciffQ8.-:
S\'vurn and subscribed before me this q ~y of :n~~~8~~,~te~I~,~~~~
. -- 19 a c . . ., I ~..' ,:.J "h ".;
"-VI!Ol1'l'Yl' -=.L'"'\ - ., ...., ,;"" .
~ P .. A regular'. meetlng.j of~~-"
/J tl ~PIIn:llng and Zcolng ~:'WUI"
....,.~ /~. ,,~~ the publl~~,he~ng :'for th~~~~:.,
U coneldering the publl~ hearjng I~em and to
Sandra E. Blmgarner =;!h~~~lt~r:.~":f,~~!ng4':~:<O"~
N ~ Publ;c ., , ""-.~:~ A.~' t,l,d 'j~:!\_'h
o~arv ... . .. - , . , . "'.,
H~is County Texas ' ,,:. Cltlzens,w1shlngtoaddres.ttie:
, , CommIssion prop or con during the f'ubIIc
Heartng will be required to.81go Inobidcn
Ih8 me~t1n~ ISJ~~~' ..,.i\ ;':.f,A '.
. '~..~W~~'tApo~b-,~~':~
: ,.. '. '" ....,:.~'lf1.;.,.,.
Mft_ft GlI.....,,~a~.i' ~'.r.;.
.. UIa "II :.:...~ :: .';~ .
CIty Secretary~:.: '
COunty of Harris
State of Texas
Before me, the unc1ersigned authority, on this date
came and appeared John Black, F..ditor & Publisher of
The BaysOOre Sun, a seni-\reekly ne'lspaper published
in the City of La Porte, Harris ('..ounty, Texas, and
,,,00 after being duly S\'JOrn, says the attached notice
'"laS !>Jblished in The Bayshore sun oi}Lc1~ '0 I C(j8
~~
John Black
Editor & Publisher
'il .'
PUBLIC NOTICES
- NOTIO:r.OF P~BLIC HEA~ING
EXHIBIT B
e
City of La Porte
Established 1892
March 4. 1999
Honorable Mayor Norman Malone and City Council
City of La Porte
Dear Mayor Malone:
The La Porte Planning and Zoning Commission. during a special called meeting
on March 3, 1999. considered a request by La Porte 81. Ltd.. La Porte 82. Ltd..
La Porte 115, Ltd., by Stuart Haynsworth, General Partner. and Daetwyler
Enterprises, Corp. for a Special Conditional Use Permit. If approved, Special
Conditional Use Permit #SCU98-001 will allow development of Phase I of a
pelletized plastics storage, sales and distribution facility. This phase of the
development will be a rail oriented warehouse facility capable of handling
products by rail and truck. The proposed facility will be developed within a
Planned Unit Development (P,U.D.) zone,
The Planning and Zoning Commission has, by unanimous vote, recommended
that City Council consider approval of Special Conditional Use Permit #SCU98-
001.
Respectfully Submitted,
~r~
Planning and Zoning Commission. Chairperson
c: Robert T. Herrera, City Manager
John Joems, Assistant City Manager
John Armstrong, Assistant City Attorney
Planning and Zoning Commission
EXHIBIT C
P,O, BllX 1115 · LnPorte.Texas77572-1115 · (713)471-5020
e
e
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte City Council will conduct a public hearing at 6:00 ~.M. on the 15th day of March, 1999,
in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The
purpose of this hearing is to consider Special Conditional Use Permit Request SCU 98-001, which
has been requested for approximately 103 acres out of a 292 acre tract in the Geo B. McKinstry, A-
47; Wm. P. Harris Survey, A-30; Johnson Hunter Survey, A-3S; City of La Porte, Harris County,
Texas. The property is located in the 2000 Block of Powell Road (So. 16th Street). Mr. Stuart
Haynsworth, General Partner, is seeking approval of a permit for the development of Phase I of a
Pelletized Plastics Storage, Sales & Distribution facility. This phase of the development will be a
rail-oriented warehouse facility capable of handling products by rail and truck. A Special
Conditional Use Permit is required for the proposed development to be located within a Planned
Unit Development (p.U.D.) Zone, per Section 106-637 of the Code of Ordinances of the City of La
Porte.
A regular meeting of the City Council will follow the public hearing for the purpose of
considering the public hearing item and to conduct other matters pertaining to the Council,
Citizens wishing to address the Council pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
EXHIBIT D
1200 Hwy, 146
Suire 180
P.O. Box 1414
e
e
Th B .<'blih ..
.' .. ; #.
e '~\.i' a
.:\: ..... ,
,,';, '.',0> "
!:!,\ i~
'i
La Pone, Texas 77571
(713) 471-1234
. re Sun
i'iJ\W
JSince 1947'
. In accordance with the provI-
sions 'of Section 106-171 of the Code of
Ordinances of the City of La Porte, and
the provisions of the Texas Local Gov-
emment Code, notice, is hereby given
that the La Porte City Council will conduct
a public hearing at 6:00 P.M. on,the 15th
day of arc'h, 1999, in the Council
Chambe 0 the City all, 604 'West
Fairmont ay, rte, Texas. The
I (, purpose f ring is to consider
Special C ' , al se Permit Request
'SCU 98- as been requested
for ap I 103 acres out of a 292
acre tract in B. McKinstry, A-47;
Wm. P. Harris ey, A-30; Johnson
Hunter S -35; City of La Porte,
Harris County, Texas. The property is 10-
cater In the 2000 Block of Powell Road
(South- 16th Street). Mr. Stuart Hay-
nsworth, General Partner, is seeking ap-
proval of a permit for the development of
Phase I of a Pelletized Plastics Storage,
Sales and Distribution facility, This phase
of the development will be a rail-oriented
warehouse facility capable of' handRrlg
S\~rn and subs~ri.bed before me this t7 llIJ-:tiav of products by rail an~ truck. A ~pecial Con-
'i .... /,Y;' +- .. dltlonaJ Use Permit is required for the
~, 19..../,. proposed development to be located
- ~ within a Planned Unit Development
A ~ (P.U.D.) Zone, per Section- 106-~37 of
r..L/ the Code Ordinances of the City of La
Porte,. ." , '
Sandra E. Bl,mgarner 'A regIJlar meeting of the City
Notarv Public Council, will follow \he public. hea~ng for'
, ,. the '~rpose ,of considering the publIC:
H::rrr1S County, Texas hearing i~e!'l and to condl,lct,o~er.~t-.
tars pertaining to the Council.. h:';' :
" ~.1 ~ . . ~. . '". :' . .' r....~. ,;'
Citlze~wishing to addre~ :ihe '~:
pro or eon duriflg the Public Hearing will
be ~ired t~ sign in b~f~re t!'!. ry;!'te,tii,g ,
Is ~ened. ,"::" '~.. -", :,"'f :: " "
,':, .. . ,: '~,,:': ,{ ~i" :;~' . .'
" 'CITYOFLAPORTE~"''''''''.:
. I .... "- ",__". ""',t .
7 ;r-~ -.~.......~...-_. .... ._~.
, : +';,;;;;:~,rb~_:\~/l' .1"",;.'
..,.' CitY Secre....... ' . ")", "-.!i.~
-, .. .--..... ...-
County of Harris
State of Texas
Before me, the undersigned authority I on this date
came and appeared John Black, F..ditor & Publisher of
The BaysOOre Sun, a seni-vV'eekly ne-lspaper published.
in the City of La Porte, Harris ('..ounty, Texas, and
,,,00 after being duly S\'JOrn, says the attached notice
\-laS published in The Bayshore Sun of~l:-'2..i....<.O-'1...LJ=f' '1,
~ \) JOn l'l~"l
,--,- ~'^- ~
John Black
Editor & Publisher
THE ~'WJ>I~;I'I:~';;"
cou!'iTY or.HARRIS
CITY OF LA PO~TE
, ~,'J"
"..k"'JI
l.~' .~
-:"",'
'~
NOTICE OF ~UBLlC HEARING
EXHIBIT E
In accordance wiltl the provI-
sions 'of Sect/on 106-171 of the Code 01
Ordinances of the City of La Porte, and
the provisions of ' the Texas Local Gov-
emment Code,' notice:' is' hereby given
that the La Porte City Council will conduct
,a pubUc hearing at'6:00 P.M. on, the 15th
day of arctl, : 1999, in the Council
Chambe~ ' 0 the,. City all, 604 West
Falnnont ay, rte" Texas. The
Ie purpose f ring Is to corisJder
, Special al se Permit Request
. SCU 98- as been requested
for ap 103 acres out of a 292
acre tract In B, McKlnstlY. A-47;
Wm: P,"Hams ey; A-30; Johnson
Hunter S , ,-35; City of La Porte,
HanIa County, Texas.'The property Is lo-
cater'ln the 2000 Block of' Powell' Road
(South, 16th Street). ,Mr, Stuart Hay-
nsworth, G~,"eral Partner, Is seeking ap-
pfOV8I of ~ permit ,for the development 01
Phase I of a Pelletized Plastics Storage,
Sales and Distribution facility, This phase
of the development will be a rail-oriented
warehouse facility capable' of' 'handHng
S..vorn and subscribed before me this 17 ~y of praducts by rail and truck. A'Speclal Con-
,ac; . ~. dIIIonaJ Use Permit Is required, for the
'-=r'nCN-"'.Ch , 19.:!.l.. proposed development t~ be: located
~ within a Planned Unit Development
L ~ (P.U.D.) Zone, per Section ,106-637 of
(..L/ ~ the Code Ordinances of the City of La
Porte. ." '. r..! <,', ' . Ii. ".", , '
. ,
Sandra E. B1mgarner ' ,': . ~.,regylar meeting "of. ~e CIty,
Notarv Public t~l..will::f9lIoW the:publlc !tea1.\ng, tar,
, ,., ,tI..:puipos,. of considering" the' public
H::rrr~s County, Texas 'hImtng'ltem'8nd t~"co~~:otlier'.,..:
,f8,.:~~!ning to, the Cc?uncn.;;-:'il),:)~" .
~-. '~1' '( .~.~ ~~,.. :rt:::. :-'J;i : : "ri';!~Ji:+i~ ff'..:~r. . I ; '.
~::ynshing 'to a~{~~)he::Co.n:I
pro Of con duri~g the,p'ubllc:He~ng will
be requjred t9.,.~lgn In ~f~ ~!I;'meetli\g
;~,,~~:::~:'\'f ,~;<"~, ,/,/::;,?t.~, I
e
e
1200 Hwy. 146
Suite 180
P.O, Box 1414
County of Harris
State of Texas
Before me, the undersigned authority, on this date
came and appeared John Black, F..ditor & Publisher of
The BaysOOre Sun, a seni-\'leekly ne'lspaper published
in the City of La Porte, Harris ('..ounty, Texas, and
",he after being duly S\'JOrn, says the attached notice
\-laS published in The Bayshore Sun ofa. C'-r {, L < (L't l J=fZ "if I
z~ ~ Iq1~
John Black
Editor & Publisher
La Porte, Tcxas 77571
(713) 471-1234
THE~~~n:~~
COU~TY or,HARRIS
CITY OF LA ~o~nE
r
,i.
.,..
'"::..
NOTICE OF ~UBLlC HEARI~G
.. ' CITY OF LA ,PORTE
- :'""--'.-.
Martha Ginett
City Secretary i.t .
EXHIBIT E
e
.
This permit is issued to:
-~
815 Walker, Suite 1436, Houston, Texas 77002
Address
For Development of:
A acre Planned Unit Development, known as Texas
ImcortJExcort Park. a mixed use develocment further defined by a
General Plan prepared by Northruc Associates. Inc. The Planned Unit
Development is further defined by a Development Agreement between
the Owner/Agent listed above and the City of La Porte.
Legal Description:
This Special Conditional Use Permit and the General Plan are Exhibits to
and a part of the Development Agreement.
acres of land out of the George 8, McKinstry League, A-47;
William P H~:Jrris ~urvp.y A-30' .Johnson Hunter ~urvey A-35 and more
particularly described by "Exhibit 8" in the Development Aqreemenl
Zoning:
The zoning for the tract is Planned Unit Development The permitted
land uses for this Planned Unit Development are generally depicted on
"Exhibit A" - General Plan of Texas ImportlExcort Park. These permitted
land uses are more scecificallv defined and/or restricted bv conditions
established in the Develocment Aareement.
Permit Conditions:
General/Miscellaneous
This SCU permit is not applicable to any specific development anticipated or proposed by
General Plan. .
This SCU outlines in general terms the proposed Planned Unit Development. The
developer recognizes and understands that any future construction or development of the
private or public improvements anticipated by this SCUP and the General Plan shall
require further submittal and approval of plats, site plans, construction drawings,
engineering analysis, covenants, etc.
1 of 1
EXHlsrr F
..
.
Said submittals shall be in accordance with this SCU, the approved General Plan, the
Development Agreement, Ordinances and policies of the City of La Porte and specifically
Section 10-100 of the Zoning Ordinance.
Failure to begin construction within one (1) year after issuance or scheduled under the
tenns of the Special Conditional Use Pennit shall void the pennit as approved, except
upon a extension of time granted after application to the Planning and Zoning
Commission.
Approval Dates:
-
Planning and Zoning Commission
La Porte City Council
Douglas K. Kneupper, P.E.
Director of Planning
Martha Gillett
City Secretary
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. SJ:TE xmES AND BOlJll1DS
Being ari app:r:cxima;t:e.293.8036 acre tract., in..the ~cwn of LaPart'!r:
-:rexas recorded in V'olume' '-' . : .. , Page ..... ... , Ha%ris. Count;y .
Deed Recqrds, Qui: of. the W. P. Barris Survey'A-JO, i:he 'George B.
~'b:y Surve}" A-47, and t:he .1ohnson- Hunter SUrvey A-35, Erarris
Count.y, Texas, and .being- 'JaQre part.icula:rly described by metes a=
~ bounas as fallows:
BEGJ:llINJ:NG at a :point at the nartheasi:: COl:%lU of. fOCDerly dedicated
Block ~~70 an 1:11e sou'theru boundary of -!!lll S1:%:eet. on ':he wesi:e.rn .'
:ight. of way bcunda%Y' ot sa' "]:46 ma:rked by a ']:"an, .
,
THENCE soutl\uly 5,750.52 feei: along ..the veste%'n right:-of-~~y
boundaxy of S21.4& to 'the northtj!J:'J:1 boun&i:y of kcabe lbJad.;
'fiIENCE westuly along 1:he nori:hern :right-of-way of Mc~al:le Read
1.,400. to 'the western f;oundary of i:l'1e 't1n~on Pacific RaiJ.:r:oad right.-
of-way (Save and. except the' area of 'the existing Powell Road
and/or ~e proposed re-located powell Bead);
THENCE' ncrthuly 4,328.52 fee-t:. along the.'easteJ:D boundar} of ~e
'Union Pacific Railroad right-of-way t.o a point 326.6& feet 9&
59' 3S II we6't of the northeas'!: co;rner of. the. Georg-e .. B. McXinstry
Survey rSave and. except a 6.31.92 acre t.tact, descr1Ded as fo~~cws ~
0U'l' TRACT
Be:i.ng a 6. 3192 ac~e 'tract of land out: of a portion of
Blocks 12Q3 and 1204, in the TOwn of La Porte, recorded
in Volume 60, paqe 112, Harris County Deed Records, out
of the George B. Mcltinstr.y Suvey, A-47, and t:he Johnson
Hunter Survey, A-35, Barris Coun~y, Texas, and be~q more
parUcuJ.arly described by metes and bounds as :foU.OWs:
BEG~NN~NG at a paint 255.37 feet North ot ~e Northerly
right-of-way of ~~e forme~~y dedicated West 0 Street;
.,
'rEBNCE South 020 56' 39~ East a10nq the Westerly right-
of-wa.y 'of Powell Road (60 feet wide), :Lncluding t.ltat
pc~~on of the formerly dedicated West 0 S~eet ~yi~g
within, a distance of 300.00 feet to a S/S ~nch ~ran rod
set for corner;
. "
THENCE Sou~~ 860 59' 35ft West, t:o the Southern Paci~ic
Ra..:!:lroad r.icrht-of-wav including that portion of formerly
dedicated 17th Street lying within, a distance Qf 917.25
feet to a S/8 iron rod set for corner:
TEENCE Nor1:h 030 03' 22" West, along the east~=n }\oundar.l
of the Southern Pacific Railroad right-af-way, a distance
of 300.00 feet to a 5/8 inch iron rod tound for co~e~:
THENCE !-lorth 860 59' 3S" East, a distance of 917.84 fee't
to the Paint of Beqinning.
EXHIBIT G , .
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TBENa east:erly to. 'the northeast. cQrner- of the Hc.1tinst--y Su:t"'1ey1
. "
5ENCE no:rt:h 020 56' 39" a ctist:zmce of ;20 'feet to a 5/8 inch 3::R:
-. I . .
T.EENCE easterly 860 59' 35" 652.0 feet: ~ the ~stern bound~y o~
Powell Road (Save and except the 60- foo'tarea included'::'n the :ig-ht.- .
of-way of said Powell :Road);
- !raNCE lfo.r1:herly along the eastern bounaar} of Powe~l Road right-
of-way 385.0 feet to a 5/8" IP,
'l'DNCE NS.So.S" 35ft 7fi5.50 feet: to a p~lnt ~kea by a 5/8" :tp; .
~CE N oao 56' 39" a dis1:ance of 740.00 feet 1:0. the southe.:n 'l:e' .
boanciary o~ West -Mn Street to a 5/8 nIP;. .' . . ,
THENCE N 860~S91 '35" along the southern !)O\mda:ry of west' aM" StJ:ee-;
to a ],n III on the western E:toWlC2l:rY of sa "J.46 right-of-way. 'the
point of beginning, a dirtance of 823.28 .feet.
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DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT ("Agreementn) is entered into between La Porte
81, Ltd.; La Porte 82, Ltd.; and La Porte 115, Ltd., Stuart Haynsworth, General Partner
and attorney in fact respectively; Daetwyler Enterprises Corporation, a California
Corporation with offices at 6277 East Slausen Avenue, Suite 100, Los Angeles, Los
Angeles County, California; and their Successors and Assigns (Owner-Developer) and
CITY OF LA PORTE, TEXAS, a Texas Municipal Corporation ("City") on the
day of , 1999,
Recitals
Owner-Developer has proposed development of an approximate 292 acre tract in the
City of La Porte, as the Texas Import-Export Park, which is referred to as the Tract and
defined hereinafter in Article I. Owner-Developer plans to develop the Tract, presently
zoned PUD, for multifamily residential, retail, commercial, business park with some
industrial uses. Owner-Developer shall construct municipal utilities, including streets, a
water distribution system, wastewater collection system, and the storm
drainage/detention system that will connect with the existing City of La Porte and other
regional systems in accordance with development regulations and policies of the City
and Harris County Flood Control District.
The City has required, and Owner-Developer has agreed, that the tract will be
developed in accordance with the General Plan approved by the City (as defined below
and attached hereto).
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises, obligations, and benefits
contained herein, the City and Owner-Developer agree as follows:
ARTICLE I. DEFINITIONS AND EXHIBITS
1.1 Definitions. Unless the context indicates otherwise, the following words as used
in this Contract shall have the following meanings:
City means the City of La Porte, Texas.
General Plan means the plan for the physical development and use of the Tract as
defined herein and approved by the City on , or as amended as allowed
herein.
TIEP Development Agreement-Final.doc
'ExHIBIT H
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Owner-Developer means La Porte 81, La Porte 82, La Porte 115, Ud. Partnerships and
Daetwyler Enterprises Corporation or their assigns or succeeding developers.
Tract means the approximate 292 acres of land to be developed by Owner-Developer
as described in Exhibit A.
1.2 Exhibits. The following exhibits attached to this Contract are a part of the
Contract as though fully incorporated herein:
Exhibit A - Special Conditional User Permit (SCUP)
Exhibit B - Metes and Bounds Description of the Tract(s)
Exhibit C - General Plan, Noting Proposed Section One Boundary and Uses
Exhibit D - Land Use Exceptions
Exhibit E - Draft Declaration of Restrictive Covenants for Texas Import
Export Park applicable to all construction and uses,
Exhibit F - Open Space I Trail System - Cross-Section
Exhibit G - Traffic Control Plan
Exhibit H - Harris County Major Thoroughfare Standards
ARTICLE II. GENERAL PLAN AND LAND USE
2.1 General Plan and Land Use. Owner-Developer shall develop the entire Tract
in accordance with the General Plan, SCUP and this Agreement approved by the City.
The General Plan is attached as Exhibit B and additional Land Use Restrictions are
provided for in paragraph 2.3.
2.2 Amendments. The City acknowledges and Developer represents that
Developer's intent is to develop the Tract as a predominantly commercial PUD
development, with some industrial components consistent with City's Land Use Plan
subject to certain exceptions listed below, Developer or Developer's successors shall
provide appropriate amenities and support facilities as set forth on the General Plan,
which is attached to this Agreement. City acknowledges that Developer intends to
develop the Tract in phases, and that all development shall be consistent with the
Special Conditional Use Permit (SCUP), the General Plan, and this Agreement. Should
Developer determine that the General Plan needs to be amended, Developer shall
submit an application for amendment of the Special Conditional Use Permit, which said
application shall be processed consistent with this Agreement, the current General
Plan, and the Zoning Ordinance of the City of La Porte, as the same may be amended
TIEP Development Agreement-Final.doc
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from time to time, Amendments to the General Plan, the Special Conditional Use
Permit, and/or this Agreement shall be in writing,
2.3 Additional Land Use Restrictions. Owner/Developer agrees to conform all
development and improvements to the Tract to the City's Code of Ordinances and
established policies, and further agrees that land uses shall be further restricted
according to "Exhibit D".
ARTICLE III. RESTRICTIVE COVENANTS
3.1 Development of Restrictive Covenants. Owner-Developer has, developed-
Draft Declaration of Restrictive Covenants for Texas Import-Export Park, which are
attached to this Agreement as Exhibit "E". These protective covenants and deed
restrictions will apply to and be binding upon the Tract, and shall be in form
substantially similar to Exhibit "E", The covenants and deed restrictions shall be
approved by the City and shall be recorded concurrently with each recorded plat.
ARTICLE IV. TERMINATION
4.1 Tenn. This Agreement shall have a term commencing on the date first written
above, and continuing until the sooner to occur of (i) the date in which all portions of
the Tract have been platted and developed (with construction of all streets and utilities
on the Tract as reflected by the plats completed or installed and financed by the
Owner-Developer).
Failure of Owner-Developer to begin construction in accordance with the Special
Conditional Use Permit within one 'year after issuance of said permit, or as scheduled
under the terms of the Special Conditional Use Permit, shall terminate this Agreement.
Owner-Developer may, before the expiration of one year, request an extension of time
from the Planning and Zoning Commission, in the event that construction has not
started in accordance with the Special Conditional Use Permit.
ARTICLE V. OPEN SPACElTRAIL, BUFFERING AND
BEAUTIFICATION
5.1 Open Space/Pedestrian Trail System. The Owner-Developer shall provide
common open space as shown in Comprehensive Plan and the General Plan, including
any required portion of planned City trail system within the project. This will be
incorporated within the shown drainage easement and detention pond/drainage
system, the cross-section details of which are further illustrated on the attached Exhibit
F.
It is recognized that, until the final design of the detention pond/drainage system is
approved, the exact location and dimensions of these facilities is unknown. When the
TJEP Development Agreement-Final.doc
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final design is approved the City will evaluate the potential for use of these areas as
public recreation amenities,
At that time and with mutual consent, the City may elect to accept these facilities either
in easement or fee. The initial development, of the detention pond/drainage system
and perimeter landscaping of these facilities shall be the responsibility of the Owner -
Developer. The responsibility of ongoing maintenance of these facilities shall also be
determined after reviewing the final design.
5.2 Buffering and Beautification. The Owner-Developer shall implement a uniform
and/or compatible landscape plan for all phases of the entire project that will address
landscaping provisions not only adjacent to Wharton Weems Blvd. and Powell Road,
but also within the building setbacks and landscape easements or reserves throughout.
A Landscape Buffer (1 OO-feet wide) shall be provided along the west side of Powell
Road and shall include extensive screening-type vegetation with grassed berms within
the existing pipeline easement. A landscape buffer, 50' wide, will also be provided
along State Highway 146. Landscape reserves shall also be included adiacent to all
roadways, including the east side of Powell; but rather than screen, shall be
landscaping compatible with the ultimate use of that adjacent property.
5.3 Signage. The Owner-Developer shall implement a sign standards policy, as
part of the Declaration of Restrictive Covenants (Exhibit "E") consistent with the City's
Code of Ordinances as guidance to insure effective and uniform signage is employed
throughout the project. This policy will include uniform and/or compatible project
identification monuments, business signage, street and other traffic directional devices
conforming to the Tract's traffic control plan and deed restrictions.
5.4 Ownership and Maintenance. Ownership of the landscape buffers, reserves
and easements will be held by fee ownership of adjoining property or by the Property
Owners Association (POA), subject to conditions of the deed restrictions and landscape
plan. . The maintenance of the buffers, reserves and easements will be the
, responsibility of the contiguous property owners pursuant to provisions of the deed
restrictions, enforced by the POA.
The Open Space/Pedestrian Trail System shall be constructed within or adjacent to the
drainage easement and detention pond/drainage system as dictated by the final
detention design. Ownership and maintenance of the Open Space/Pedestrian Trail
System and drainage/detention pond system shall be determined according to Article
5.1 of this Agreement.
ARTICLE VI. SCHEDULE
6.1 Schedule. The Owner-Developer shall establish a specific schedule for the
development of and construction improvements on the Tract with the end user(s).
However, in lieu of and as the basis of that detailed schedule, the following work
program is anticipated:
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· Initiation of complete engineering study,' including drainage and preliminary
infrastructure design.
· Detailed engineering design for Phase One, being all or substantial part of area
identified herein as Section One. This would include rail connection to main line
and a minimum spur connection to first building anticipated, water and sanitary
sewer service initial drainage and detention to accommodate Phase One and the
paving of Wharton Weems Blvd. and portions of Powell Road west of State
Highway 146.
· Initiation of procedure to abandon and relocate portions of Powell Road, south of
the project of Wharton Weems Blvd.;
· Platting site plan, and detailed engineering plan review by the City of La Porte and
others
· Initiation of construction pursuant to item 6,1 (b) above, identified as Phase One
· Continuation of remainder of development as rapidly as market demands.
ARTICLE VII. FIRE PROTECTION, HAZARDOUS MATERIALS &
SAFETY
7.1 Fire Protection. The Owner-Developer shall formulate a plan for fire protection
to serve the Tract by separate agreement with the POA and respective grantees.
7.2 Hazardous Materials. The Owner-Developer agrees no hazardous materials
as identified in state and federal standards (NEPA) as well as City Fire Code, shall be
stored on site, Compliance will be enforced by the POA in concert with the City.
7.3 Safety. The Owner-Developer shall formulate a public safety and
training plan with the City and POA, to ensure safe, efficient handling and storage of
materials prior to issuance of a building permit.
ARTICLE VIII. TRAFFIC CONTROL PLAN
8.1 Traffic Control Plan. The Owner-Developer shall establish a Traffic Control
Plan for the entire project to regulate to the extent practical project-generated vehicular
traffic. In Section One, based on the target market use, the Traffic Control Plan (shown
on the attached Exhibit G) will include designated truck routes to and from the site,
segregation of automobile traffic, limitation of access from public streets (driveways)
and utilization of common cross easements between tracts for internal circulation.
8.2 Truck Traffic, This controlled traffic will be directed to State Highway 146 via
Powell Road to Wharton Weems Blvd., both to be constructed as 4-lane roadways to
Harris County Major Thoroughfare Standards (Exhibit "H") in Phase I development as
shown on Exhibit .cn - General Plan, Project driveways will be constructed to induce
TJEP DeveJopment Agreement-Final.doc
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proper directional movement to preempt to the extent practical north bound traffic on
Powell Road. This will be complemented by traffic signage as appropriate. In addition,
Owner-Developer shall employ routing plans, driver instruction, and other controls as
necessary to obtain compliance of carriers, employees, and regular contractors or
service vendors,
8.3 Driveway Access. The Owner-Developer shall establish driveway access
controls that shall be controlled through restrictive covenants, architectural controls and
City Site Plan review. This will include conditions and design standards consistent as
to size, but fewer in number as established in TxDOT Driveway Manual and the City
Zoning Code (106-835) pursuant to specific site plan review. Unless otherwise
approved during review of preliminary and final plats, driveways along SH146 entering
this Tract shall be limited to a total of eighteen (18), but in all cases, each individual
reserve with frontage on SH146 shall have at least one opening, Provision shall be
made, where practical, for internal cross-access easements to maximize ingress,
egress and circulation to minimize congestion on public rights-of-way and to encourage
traffic to be directed to Wharton Weems Blvd. interchange.
8.4 Fairmont Parkway. The Developer shall continue to work with the City, Port of
Houston Authority, Harris County and the other public and private sector interests to
implement early construction of a grade separation at Fairmont Parkway. On or before
the expiration of one calendar year from the date of this Agreement, Developer shall
provide to City through sales contract negotiations or otherwise $50,000.00 "seed
moneys" for the engineering design of said grade separation. City shall, at City's
expense provide the remainder of said "seed moneys" to insure the completion of the
engineering design of said grade separation,
ARTICLE IX. SITE RAIL TRAFFIC
9.1 Site Rail Traffic. The Owner-Developer will continue to work with City and
Developer rail consultants, as evidence of the commitment to the City to improve rail
efficiency in the area, reduce conflicts at Fairmont Parkway, and potentially decrease
current rail impacts. On-site rail facilities and operations shall be controlled by Owner-
Developer in order to maximize rail efficiency and minimize peak hour conflicts with
vehicular traffic at Fairmont Parkway, Owner - Developer agrees and acknowledges
the rail yard as depicted on the General Plan shall be limited to a maximum of 22 rail
lines and that no rail lines or sidings will extend to the east side of Powell Road.
ARTICLE X. UTILITIES, DRAINAGE
10.1 Utilities. Drainage. The Owner-Developer shall design and construct adequate
water, wastewater, and drainage facilities to serve each phase of this project in
accordance with City requirements and as further defined by this Agreement. As to
water and sanitary sewer, this would include a water system that would deliver 4-6,000
gallons per minute necessary for sprinklered fire protection with a loop connection to
TIEP Development Agreement-Flnal.doc
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the 16" main on the east side of S,H. 146 and a gravity wastewater disposal system
that flows into a 60" trunk line on "K" street south of Fairmont Parkway.
The Developer will provide a drainage study for the Tract. The study and design of
drainage improvements shall meet the requirements and approval of the City and
Harris County Flood Control District. Owner-Developer's representative agrees to meet
with City, prior to design of public utilities, to discuss design criteria standards and
policies. City shall approve all construction plans and specifications for public
improvements.
ARTICLE XI. BUILDING LINES
11.1 Building Lines. The Owner-Developer shall establish building lines appropriate
to the use, but not less than those prescribed in the City Code of Ordinances. Within
the industrial area west of Powell Road there will be a landscaped 100-foot buffer and
building line along Powell Road. Similarly, along State Highway 146, a 50-foot
landscape buffer and building line shall be maintained. These respective 100 and 50
feet landscape buffers shall be kept free from all other uses with the exception of
signage, approved drives and entrances. Owner-Developer agrees that other building
lines will be either equal to or greater than that required by ordinance for the zoning
use shown and shall be based on site use and orientation of the improvements or as
shown on the General Plan,
ARTICLE XII. MISCELLANEOUS
12.1 Sale of Tract; Assignability. Any contract by Owner-Developer to sell the
entirety or any portion of the Tract to a person or entity intending to develop the tract or
such portion thereof (a "Successor Developer," whether one or more) and any
instrument of conveyance for the entirety or any portion of the Tract to such Successor
Developer shall recite and incorporate this recorded Contract and exhibits hereto and
provide that this Contract be binding on such Successor Developer.
12.2 Force Majeure. If by reason of force majeure any party hereto shall be
rendered unable wholly or in part to carry out its obligations under this Agreement, then
if such party shall give notice and full particulars of such force majeure in writing to the
party within a reasonable time after occurrence of the event or cause relied on, the
obligation of the party giving such notice, so far as it is affected by such force majeure,
shall be suspended during the continuance of inability then claimed, but for no longer
period; and any such party shall endeavor to remove or overcome such inability with all
reasonable dispatch. The term "Force Majeure" as employed herein shall mean acts of
God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders of
any kind of the Government of the United States, or any civil or military authority,
insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes,
storms, floods, washouts, arrests, restraining of government and people, civil
disturbances, explosions, or partial or entire failure of water supply resulting in an
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inability to provide water necessary for operation of the water and sewer systems
hereunder, Force Majeure may not be claimed by Owner-Developer under any set of
circumstances prior to commencement of construction on the Tract.
12.3 Law Governing. This Contract shall be governed by the laws of the State of
Texas and no lawsuit shall be prosecuted on this Contract except in a federal or state
court of competent jurisdiction.
12.4 No Additional Waiver Implied. No waiver or waivers of any breach or default
by any party hereto of any term, covenant, condition, or liability hereunder, or the
performance by any party of any duty or obligation hereunder, shall be deemed or
construed to be a waiver of subsequent breaches or defaults of any kind, under any
circumstances.
12.5 Addresses and Notice. Unless otherwise provided in this Contract, any notice,
communication, request, reply, or advice (herein severally and collectively, for
convenience, called aNotice") herein provided or permitted to be given, made or
accepted by any party to the other (except bills), must be in writing and may be given or
be served by depositing the same in the United States mail postpaid and registered or
certified and addressed to the party to be notified. Notice deposited in the mail in the
manner hereinabove described shall be conclusively deemed to be effective, unless
otherwise stated in this Contract, from and after the expiration of three (3) days after its
is deposited. Notice given in any such other than the manner shall be effective when
received by the party to be notified. For the purpose of notice, addresses of the parties
shall, until changed as hereinafter provided, be as follows:
If to the City, to:
If to Owner/Developer, to:
City of La Porte
Attn: City Manager
P,O. Box 1115
La Porte, Texas 77572-1115
La Porte 81, Ltd.
La Porte 82, Ltd.
La Porte 115, Ltd.
c/o Stuart Haynsworth,
General Partner
815 Walker,Suite 1436
Houston, Texas 77002
Daetwyler Enterprises Corporation
6277 E. Slauson Avenue, Suite 100
Los Angeles, California 90040
The parties shall have the right from time to time and at any time to change their
respective addresses and each shall have the right to specify any other address by at
least fifteen (15) days written notice to the other.
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12.6 Merger and Modifications. This Contract, including the exhibits that are
attached hereto and incorporated herein for all purposes, embodies the entire
agreement between the parties relative to the subject matter thereof. This Contrad
shall be subjed to change or modification only with the mutual written consent of the
parties,
12.7 Benefits of Contract. This Contract is for the benefit of the City and Owner-
Developer and shall not be construed to confer any benefit on any other person except
as expressly provided for herein.
12.8 Attorney's Fees. In the event of any litigation between the parties with resped
to this Agreement, the prevailing party shall be entitled to recover its reasonable
attorney's fees and court costs from the losing party.
12.9 Government Immunity Preserved. The Owner-Developer and the City agree
that the City does not, by entering in to this Contract or performing any act hereunder
or by failing to take any action hereunder, waive any governmental immunity that the
City, its officers, employees, or representatives, have under any law.
12.10 One-Party Breach. Any breach of this agreement by one party identified and
referred to herein as Owner-Developer shall not be or constitute a breach of this
agreement by the other party of Owner-Developer.
12.11 Covenant Running With the Land. The obligations imposed on Owner-
Developers herein shall not impose personal liability on them, but shall constitute a
covenant running with the land, and as such shall be binding on the present owners of
the Tract as well as subsequent owners thereof.
Signed, this the _ day of
OWNER-DEVELOPER
,1999.
La Porte 81, Ltd.
La Porte 82, Ltd.
La Porte 115, Ltd.
By:
Stuart Haynsworth, General Partner
Date:
Daetwyler Enterprises Corporation
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By:
Date:
CITY OF LA PORTE. TEXAS
By:
Robert T. Herrera, City Manager
Date:
ATTEST:
Martha Gillett, City Secretary
APPROVED:
John D. Armstrong, Assistant City Attorney
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Exhibit A
City of La Porte
Special Conditional Use Permit
Ordinance 1501
Permit
This pennit is issued to:
Daetwyler Enterprises Corporation, (a California Corporation), La Porte
81, Ltd.: La Porte 82. Ltd. and La Porte 115, Ltd. (Texas Limited
Partnership)
Owner or Agent
815 Walker, Suite 1436, Houston, Texas n002
Address
For Development of:
A acre Planned Unit Development, known as Texas
Import/Export Park. a mixed use development further defined bv a
General Plan prepared by Northrup Associates. Inc. The Planned Unit
Development is further defined by a Development Agreement between
the Owner/Agent listed above and the City of La Porte.
Legal Description:
This Special Conditional Use Permit and the General Plan are Exhibits to
and a part of the Development Agreement.
acres of land out of the George 8. McKinstry League, A-47;
Willi;;m P Harris Survey A-30' Johnson Hunter Survey, A-35 and more
particularly described by "Exhibit 8" in the Development Agreement.
Zoning:
The zoning for the tract is Planned Unit Development The permitted
land uses for this Planned Unit Development are generally depicted on
"Exhibit A" - General Plan of Texas Import/Export Park These permitted
land uses are more soecifically defined and/or restricted by conditions
established in the Development AQreement.
Permit Conditions:
General/Miscellaneous
This SCU permit is not applicable to any specific development anticipated or proposed by
General Plan.
This SCU outlines in general terms the proposed Planned Unit Development. The
developer recognizes and understands that any future construction or development of the
private or public improvements anticipated by this SCUP and the General Plan shall
require further submittal and approval of plats, site plans, construction drawings,
engineering analysis, covenants, etc.
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Said submittals shall be in accordance with this SCU, the approved General Plan, the
Development Agreement, Ordinances and policies of the City of La Porte and specifically
Section 10-100 of the Zoning Ordinance.
Failure to begin construction within one (1) year after issuance or scheduled under the
terms of the Special Conditional Use Permit shall void the permit as approved, except
upon a extension of time granted after application to the Planning and Zoning
Commission.
Approval Dates:
-
Planning and Zoning Commission
La Porte City Council
Douglas K. Kneupper, P.E.
Director of Planning
Martha Gillett
City Secretary
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EXHIBIT B
SZTE METES AND BOUNDS
Being' ~ apprcxima'te, 293.8036 acre tract.. Ln..'the ~own of LaPorte,.
'.rexas recorded in 'V"olume' '-' . : .. , page ..... .. , Ha:r1s. COUD'Cy .:
Deed Recqrds, oui: of. t:he w. -g. Barris Survey'A-JO, ebe 'George B.
l4c1tins'b:y surve~ A-47, and the Johnson- Hunter Survey A-35, Harris
CouJ),i;y, Texas, and .~ein9' 'mOre paruc:u1arly described by -*es a=
bounds ais follows:
BEG:t1!1mNG at a:poini: at the northeast COz:;J:1m: of. formerly dedicated
Block '1.1.10 on 1:i1e sou-th8%ll boundary of WHit Su:eet on ~ wesi:en'l .'
:igh1: of wa.y boUJid8%Y' ot 53' 1:46 marked by a 'I"i:1:IP, .
,
THENCE southe.rly 5,750.52 feet. along ..the weste%'n right-of-~~Y
boundary of sa 1.46 to 'the nort:!lf~rn boun&i:y of H&:Caf)e :acad~
THENCE wes1:~ly along 1:he northern right-of-way of Mc~abe Read
1.,400. t:o the western eoundary of i:lie l1njoon Paoi.fic Railroad righ1;-
Of-way (Save and. except the' area of t:he ~isting Powell. Road
and/or the proposed ra-located powell Bead);
THENCE' ncrthe::ly 4,328.52 feet. al.ong t:he.'eastuD boundarI of bhe
11nion Pacific Railroad right-of-way to a point:. 326.66 feet 96
59' 35" wert of the northeast: corner of the. George B. Mc!tinstry
Survey r.save and except a 6.3'192 acre tract, desc:riDed as follows:
OtJ'l' TRACT
Being a 6.3192 acre tract of land out of a portion of
Blocks 1203 and 1204, in 'the TOwn of La Porte, recorded
in Volume 60, Page 112, Harris county Deed Records, out
of the George B. Mc1t1nstry Suvey, A-47, and the .1olmson
Hunter Sarvey, A-35, Harris County, Texas, and being more
particularly described by metes and bounds as follows:
BEGJ:NNDlG at a point 255.37 feet Nori:h at 'the 'Northerly
riqht-of-way of the formerly dedicated West 0 Street;
"
THENCE South 020 56' 39~ East along the Westerly right-
of-way 'of Powell Road (60 feet wide), including ~at
portion of i:he formerly dedicated West Q St:reei: ,lyi~q
within, a distance of 300.,00 feet to a 5/8 inch iron rod
set for corner;
. ..
THENCE Sou~~ 860 591 35" West, to the Southern Pac1fic
Ra.:!:lroad riqht-of-way including that portion of formerly
dedicated 17th Street lying within, a distance of 917.25
feet to a 5/8 iron rod set for corner;
~EENCE North 030 03' 22" West, along the east~=n ~ouneary
of ~e Southern Pacific Railroad right-of-way, a distance
of 300.00 feet to a 5/8 inch iron rod found for co~er,
THENCE Harth 860 59' 35" East, a distance of 917.84 feet
to the Point of Beginning.
e
e
-2-
.
'.rBENCE east:erly 1:0. 'the nor~east. C9rnex: of the HcItinsb:y Surtey;
. ..
THENCE ~o:cth 020 56' 39" a d:1s'tzlnce of ;20 'feet .to a 5/8 ~c:h Ill;
. I
'nIENCE easterly 860 59' 35ft 652.0 fee1: t:o tlxe ~stern bo,\'ftda.ry of
powell Road (Save and except 'the 60- :l!oot:a:rea 1nc~uded' =:'n the ;r:j,ght.- .
Of-way ot said Powell Road) J
~CE 1!orf:herly along t:he eastern Dound4xy of Po-e~l Read right-
of-way 385.0 feet 1:;0 a 5/8" IP,
, .
'l'BENCE Na50 'S,' 35. 765.50 fee't: i:o a polni: ~kea by a SIBil IP; .
'rlIENCE N 020 56' 39" & distance of 740.00 feet 1:0. the soat:.he:cn l:c'..
bOl.1ndary 0: West: -M" S'treet to a 5/8 n IP;. .' .
THENCE N 860::59' .35" along the southern ~o\mda:ry of west' nH" Suee-;
1:0 a J." III on the western ~undZI.rY of sa 1.46 right-of-way. 'the
point of beginning, a dis~ance of 923.28 ,feet.
,
e
e
Exhibit 0
Land Use Exceptions
In reserves where the General Plan indicates "GC" uses, all uses permitted in the City of La Porte
Zoning.Ordinance under GC {indicated with a "Pj are permitted here with the exception of:
Building Construction - General Contractors and Special Trade Contractors (152-161,
171-179)
Automotive Repair Services (751-754)
Outdoor Sales as a Primary or Accessory Use
Outdoor Storage as a Primary or Accessory Use
Residential Uses
In reserves where the General Plan indicates "BI" uses, all uses permitted in the City of La Porte
Zoning Ordinance under BI {indicated with a "Pi are permitted here with the exception of:
Building Construction - General Contractors and Special Trade Contractors (152-161,
171-179)
Automotive Repair Services (751-754)
Outdoor Sales as a Primary or Accessory Use
Outdoor Storage as a Primary or Accessory Use, including any storage of Shipping
Containers
General Contractors, Heavy Construction (161, 162, 1541)
Off-Premises Signs
In reserves where the General Plan indicates "L1" uses, all uses permitted in the City of La Porte
Zoning Ordinance under LI {indicated with a "Pi are permitted here with the exception of:
Building Construction - General Contractors and Special Trade Contractors (152-161,
171-179)
Automotive Repair Services (751-754)
Outdoor Sales as a Primary or Accessory Use
Outdoor Storage as a Primary or Accessory Use, including any storage of Shipping
Containers
General Contractors, Heavy Construction (161, 162, 1541)
Manufacturing of Chemicals and Allied Products (2a2-285)
Off Premises Signs
An additional permitted use shall be SIC Manual Major Group 30 (Rubber and Misc.
Plastics Products)
In Reserve "A" labeled RaillWarehouse on the General Plan, all uses permitted in the City of La
Porte Zoning Ordinance under LI (indicated with a "Pi are permitted here with the exception of:
Building Construction - General Contractors and Special Trade Contractors (152-161,
171-179)
Automotive Repair Services (751-754)
Outdoor Sales as a Primary or Accessory Use
Outdoor Storage as a Primary or Accessory Use, Including any storage of Shipping
Containers
General Contractors, Heavy Construction (161,162,1541)
Manufacturing of Chemicals and Allied Products (282-285)
Off Premises Signs
An additional permitted use shall be SIC Manual Major Group 30 (Rubber and Misc,
Plastics Products)
Additional permitted uses are certain HI uses permitted in the City of La Porte Zoning
Ordinance associated with rail services such as;
A rail yard with a maximum of 22 rail lines is permitted.
Rail service to and distribution from warehouses proposed;
Rail service to light manufacturing not otherwise exempted herein.
FRC4'I : Harthn!p Assaciateec
fltOE 1'<<]. : 713 463 SB:39 e
Feb. B9 1999 1B:3BFlM P2
E~{HIBIT E
W[fdill~rr
iia:l/~~ AIr:. 8,.l~
DECLARATION OF COVENANTS, RESTRIcrIONS,
EASEMENTS, CHARGES AND LIENS FOR
T~ Ut\f'ot:r/~~er ~.
This DecIaraUOD of Cove:wttS. Resui=!ODS. E3~-ms, CharaeS and Liens (or
, (he.rdnafter referred to as this -DccJaratioa', made as of the _ day
of ..... ... .
L.P., a Tc:i:aS lfmir.c:d ~ (hm:iDafb:r =fem:d to as -Dec!armtj ami me pcDcm:so or
cmilics whose names appear heRoD or aD aD)" c:oumcrpan hereof (tmilvfduaDy. the -Ow=r-;
colla:tivcly, the .Owncs'.
i
,
WITNESSETH:
WHEREAS. · . is a bI'~ subdivision Iocatcc1 ill Banis
Co1mty, Texas, accordiDg to the map ~ plat thc:cof rccardccl iD Volume 298, Page 92. af..tbe
Bimis CcuDty Dcecl R=ords (die -SUbcli'YisioI1~; mI
WHEREAS, Dec!aram Is tbe fee sfmple o~ of that certain ~ p~w~ within tha
Dcve10pmem more partfcuJarly described OIl P.xhfblt. · attached bcrcto ancl =rporatcd hczeiA
by rcb~ ;md rha Own=s lie tbc fc:c simple 0WDI:m at !bat ccnafn tal property witlDD =
Deve1~morc panic:uJadydC:5lCribed 011 EmJ"bit -B. 2~clJedllemo;md iDcmporarecl1H:refD
by =-crca:e (till: IaI ~ spccificaJ1y oWD:d by c:ach Owa&:r baYing mdI OWDCr's mane
em die legal description for mch n:a1 pmpe:ty lIttw~'.Icd hereto as Exhibit -B., (the red pmpCrty
cfescribed in ~tb~ ExhIbit -A- and Exhibit "B. conecdveIy rcfc=c1 to hereiDafter as the
"Devc!cpmem-): and !:""
'i.
~
.,
WHEREAS, two (Z) of CIlc puccIs out of tbc p~t) d--nbed 00. 'Exhibit · A. bave
been implOved to proWfe cemiD flocd watU cbinaae. ==cion. ami dctcDtiou racmtic:s for tbe
Deve1op.l~. -said parcels be!Dg mole ,parricu.Iar1y d~ 011 Exhibit .C. 2~"bafhccto md .'
iaco1pODb:d b=:in by 1'efercDCC (the -Flood Como! Facilities,; and .
WBEREAS. Dec:Jar.mt and the Owmrs dcsim to provide for dle pre:scrvadoa. of chc
Devc10pmcm am for tbc Jn2~!I~ of the COIDmOIl AR:as (as 'her&:ina.ft.er dcfiDccl); am. to
Ibis cad, d=irc to subject. the real PfOpe:ty dcscnCed Us ~e II hereof to the COVemutl,
re:a:ricdons. -~Mtf!il, c:bJqes 3J:Id liens heRlDatt.er set forth, each :md aD of which arc far tbe
beD:f'lt ot tfJa Dew1Vll~ each Ow:m and dID DecIaram; IlDd .
WHEREAS, Dec:I.az:mt me! the Own=:s agree that it is dc=sirahIc for cbc eftic;-.t
PRXi'MiOD ot tbe values and amenities in die DeVdopmcm to ~ an emky whfch wIII 0WIl
and to which wiD. be cIc!cptcd ami ~zr-' the pawcm of m,nnf!llm'"1 am opctati:aa me FIoccl
Comml Fac:Jiti=. the Common Arc:z3 aDd improvcmems. ~ md =Corcing this
Dec:1arazion. a.ad coIJ~"! and disbmsUig the ~'ne:1tS aacI charges ~ c:ea=1; a:ad.
,/
301ZMSu CDlMN IaISC '-'1MIU
FRCI'I : Harthn.&p Assaciatese
fItOE K1. : 713 46J SB39 . Feb. B9 1999 1B:JUlM PJ
OOill~~~
WHEREAS, the . Propeay Owz=s Association, IDe. bas been or -m SCarl he
orpn;.,.fI't{ ander the Texas Non-Profit Corpotarion Aa. as a DOa-proat carpomion for tbD
puzpose of c::cc:rcising the aforesaid fm1ctioos..
NOW, THEREFORE, DccIaralU, tor itself, a sac::cessoa mf assigns, IZ24 the Owaea,
for themselves ami their ~soa and mips, dec:Iarc that.tIle DcveIcpuu: ~ lDd.sbaII be
owned.. held. amsfczred, sold, convey=! aDd occupied subject fO the: caveaams, =tD~
eBSf!ft't'"""''=, charges ami liens (soa=imes ~ coDecdve1y re!e:red to as .Cov=ams mi
~ODS'") hr:~fta' sc;C forth.
AR,11CLE I
DEFINlTIONS
Tha folJowiDg wards. w&cu used in dD& DceJaration or any Suppl~-~I ~r.."tfOI1
~ d~nnl!f{) shaD, lIDless thc co=:.u ochcrNisc probibirs, have the m_n~ see fcrdI
"-
below:. . .' ~
(a) · k.-;t1t4~. shall mean aDd =;er ID dH: . P1~ ~ AsIilOC'-:~tf"'\.
1':Dc., aD exbtb:t, or SCOII CD be ~I DOll-pEC& c:mporadon ~ me Jaws of ~ Slate of
TexaS, ~ for the puzposa at acting aD bcbaIf oftb: Owm:rs, such Assocladcm bciDc ==
puticDIarly dcsc:ibed aDd provided tor in Articlo m of this ~J~t!ltiOD.
(b) -soaN ot Dir=oD- shaIlll1Call' anc1 refer CO the Boml of DirectDrs of tbt:
AssodatioD.
(c) .Cnmmnu Art::Js- shall mean and xcfcr collectively to (i) the laml subject to the
~I co.,\IJ~Jc:d or F'ntM pam1aDt to ArdcIe IV, Cu) tB rIoccl Control FaI:iIitb, (iti) arq
lsIn4'qiDs' n:sencs, ~ reserves. SUeet or bcaIcvam ~bJ2~. aDd (iY) olber ueas
~b1i.'-i Uam time to time fbr the FUlJ?'A'K" of FOVidmg open space far ,~ uses, In
co."ft1l.'D, tar the 0wDm& am tbdr r=pealve I~ ~ employees m:I agems,'m! cbe
~vv ~nn:" ~, employees m1 ag=rs a! such lessees.
. . (d) -c~~ F.aciIidcs. shall mean .mcl =er coUce:ivdy to. all dnlin2p
~OY~'J.e:213 <,..,.jMt~, wfzhouc tfmif;trion, aJ1 pipiDg. pumps,,grassing, iD1cts, hcadwal1s aDd
t=ciDg), shrubbeIy, trees, grass, floweD, ather pWtts and pll1m;"gs, sprinklet sysrcms, Ugbdng
~. ~'ft1, ~~ '-'-"-"es. tables, sigus, em:rance D1OID1~1ttJ ml mar1s:=3, waDs.
rc:m=s. P'~ tiosb, aml ochc:r cxtcriDr cJc:cgDdva or ftmctlaDllJ materlaJs or ~'tfe"l now
"'Xi~~. iDstalk:d. caDStl11ded or plac:c1 on the Cnm\UOD ARas ~ time to tDr=.
(e) ~ shall mcau ami Mer CD aD7 hn',""B. rooted stmd:um, paddas
uca, IoIdiDl an::I, tracbge. !em::. wall, hedge, l"~piDa. pylon. pole, driveway, sip,
.'
.~ o:JOIlIS *'C tsUa:r.I
2
,
. .
FRCI'I : Har1:hrup ASSOciate.
PI-DE HD. : 713 463 5B39 e Feb. B9 1999 1S:32RI P4
mrOO&~~~
c:a=ior Wnmiftlltion. clI11nnl!l strucaJre, equipD1elZJ:, mac:hiDe:y. pipmg ami valves or ather
improvement within me Development. ,
(f) ~m:r sbaD mean ~ ~ to each patte! of' ~ Icx:ared Wirhizl the
Develapmeat which.1S separately deseribed m a cfcecI at COJl\'e1ZD=; pmVlcJc:c4 howaver. It such
' puc:l of 1aad is ~ clividcd iD&o sepat3rc pm:oIs in any m:a~~. the Iem1 ~ slJalI
mean and refer (I) each such sepanre parcel of Iaad. Tha D:ml --rrac:- sbaIl ~~ my
Improveu1tUt'l Iccarcd 011 a parcel of lazxf comdtutiug a Tract. but sbal1 DOt i""'fI~ &ft1 of tbs:
Comzzum Facilitjcs. . . .
,.
,.
(g) -Member- sbaJl mean and l"I:ter rD aU d1asc 0wDers who arc holdas of
membership ~ ill tho Associauollt, ~ IUeb iDa:rasts an: set forth in Anfck: m hccof. I
' :
(h) -Ovm:r- shall meaD and refer to tbc =om OWDCr off= simple titIa ID my ~
iftt-lMn,g ~1_lJt with respect to Tra= 0MICd by Dec:1aaDt. Bvay m:om cnnu:r shaD be
tn:atcd for aU puzposes as a single Owm:r tor each Tnct 0WD:d., i4.~ve of~ IIICh
, owu=ship is joint, in c:ammcm. or ~1 by tbc ~c:ty. Wbm: such ~ip 1s.Joibi. IlL
COIDlDOl!. 'or II:Dm:1 by tU eudn:ty, any voce fa wbida IUdl recoJ:d QWIIaS is ~~ sbal1 be
iD accortfanCe with Artfda m, SeaioII 4 bereof: Notwithst-'r, my appJicabIo tIIcazy of
marrpge. -()wuetI shaJI DCt mean nor reter to any mortpgee 1ZDIt::sa and Uati1 such mmtaaa=
has ac:;,ai=d titfc ~ to foreclosure or ~ ~ in ~ at torec!osare.
(I) -SuppII!!!ft~1 Declaration- shall mean aDd refer to any SUPP~. am~~
or mod"Jft~OIl at this Declaration. .
(j) ~. shall mean ami Icfcr to aD real prope:ty which is or '--"t'!$
subjc:c:t ID tbis Dcc!araticm.
. "
AltTICLE II
PRO.t'1:aCI"Y StlBJECT TO THIS DECLARATION
Section 1. The Properties. The zeal propc1ty wbich is ~ sbaIl be oWDed, hdd.
trmsfe:red. sold. conveyed, am oCcupied 3ubjcct to tbis DecIaraticJllac1udes the DeveIopm=r. .
as wc11 as any n;al propelt1 within d2c SubdlvisiOIl owned by Ihe A ~tion. .
.
Sccdoa 2. Additions to the ~pertic:s: CemiD Amendml!ntJ:. ne Asscxi"(foD. sbaII bave
d1c rlaIIr lID briDg 1ritIm die ~!t~ of d1is ~,..~tioa my addidoaal pcopedfes widda tbe
SubdIvisbL aDd br'h1gfng dlcm IDro tba CDlDmCll deveIopmem ~ at me Dc:w1cpmaIt in
ac:canfmca wiIh the tmms of this Dcdaradou.. na .A.--'wtioD sIJal1 DDl be ob1i~~ tD bdq
my or all of the proposed additicmal prcpeni.es 1ridIia tbc: ~ of dds D-1lratioa. 'n2e
additions amholi=d. ac!e:1bis Scc:ion may be made bY recordiDg of SUpp~~l ;D-hPMfom
with R$~ to the addJdoaal ptG~Y in tbe Omc!al ReccmIs ot Real Properr;y 01 Eaafs
Ccua1y. whidl Sup'pJ~~l Dc:cIaation sIWl c:t=d tbe St!~ of the C:OV"",,12nt-c. ~ictiOl'$.
30~ ~ lM$C !ISI.IAZI
3
.
.,'
FRCI'I : Harthn.lp Assactatese
PHCHE HIJ. : 713 463 5B39. Feb. B9 1999 1B:32P.M P5
[IDrn&\~if
eascmcDtS, charges and liens of this Declaration to such property or modify this Dec!aratian wfzh
rcspec:t to such additional properties as hereinafter scr toab. SUch Suppl~-~I Dedaradcns
may coutain such additions and modifications of this Declamioc as may be -~ fa retIcct
tbe cIitfereut charac=. if any. of tbat portion of the: additional prcpenics which are rbc subject
of such Supplc:mCDtal Dec1mtiOD as an: DOt inconsistcm wirh me scheme: of chis DecfamiolL
. ARTICLE m
. MEMBERSBJP Arm :VOTING RIGRTS IN THE ASSOCIATION
. .. . .
Sccticm 1. The Assoc;iarion.. The .4~;2doD sbaU iDc.1udc: as its Mcmbas each
Owner 0{ a Tract subject to this Agrccmcm or, if my such Tract is owned by more than <me
pcnsoll or catity. all Owm:a of sudl Tract:sball be coosidered to be one Member ill ac;otdance
with. Section 4 of this hticle.
SecdOIl1. Membership I~. Each Member sbaU have OIJC mcmbc::3hip ~d
tor ~ fall Oaa DoIJar (S1) of the as~ tax value of d1e TraCt (or Tract'I) 0WDecl by such.
Member within 'the Deve10pmem based upon tb: most I=uI available vaJuatioll of eaC. Tract '
aad !mpro\lat'~ bRan as as~sed by the Hmis Coumy Appraisal Disaict (or b Saeeessor)
. 01' the C1y otH<Ntmz. whidlever 2~ may be used by !be Jt---;atioa. tar ad 'IaJmem
faX muposes for: the pr--f~1 year.
Section 3. Vo~ RiJhts. Each Member sbaI1 have one (1) vQte for eachm.embershfp
inten:st awm:d by such Mcmbc:. .
SedioD 4. Multiple ~. Where: more than one person or eudty shall be at aIrJ
Cim&: tb: 0wDu of a Tract entitled to a mc:n3bmhip imer=. dJc vote aaributcd to such TJ'Kt
mau be ~ as such Ownea mumany <J"-V!",,I~" No M=bcr shall split or divide b
votes em my D1OtiaD. resoImicm.; ballot or otherwise. In tIH: event that such 0wD=3 are uaahIe
to IgRC among ~.lves as to how Ihcir wee or votes shall be cast, tbey shaII IOSII their dgflt
to vote OD the maItcr in qaestiou. . If any ODe of such Ow=a east a vote. it will ~ be
amclusivc1y g4~ for aU putp05eS that such 0WD:r was acting with tbc aDthcdty ami
ccnscnr of all other: 0wJx:s of the" same Tnct. In the event more than one vete is cist for a
particular, Tr.Id by the Owm:rs of such T%aCt, none at said vgtes shaD be c:oumed, but ratber.
an sadl vo~ sfJaII be deemed void. .
AImCLE IV
PROPERTY RIGBTS IN TBE DEVELOPMENT
Section 1. Title ta Common Areas and Common Facilities.. De=:Iar.mt has cr Wi11l2a~.
c:msecl to be COIlYeyaI to the AssociadOD legal title to the i=1ocx1 Comrol Facilities, subject to'..
the Iigbt:s :md e:ssemems eteatm or reserved ill Ibis Dec!ar.uioD. AddldoaaDy f the Dec'"-~. bY.
3Ot2IMSU __ 16&SC tsIIAZ1
4
FRCI't : Northrup Assaciates e
, PtDE I'IJ. : 713 463 SB39 e Feb. B9 1959 1a:3JI:lM P6
OOOOlM~'jj'
execution of this Declaration, <:ODveys all of Dedarant's d~ title and imem;t in (a) tbe .
~em conveyed by that certain Special Wmamy Deed. ~th Vendor's Lien) ~ ~
Clerk s File No. RcaI Property Records. Hams CdUrlty.Tcxas. which eut'"'~ is
maRl particularly described by ~etcs ~ bounds OD ExhIbit C-l thcr=of. aad (b) !be sip
cas~CDt n:sened ill ~t ce:cua S~ Warramy ~ ~ UDder Clerk's PDc No.
Real Pmpcrty Records. Harris Coamy. Texas. 'Nhich easement is IIICrC' panicDlady
dcsc::ribccl by metes and bounds OD Exhibit D then:of.,
. Secion 2. J:"~etUS. Dcc!araDt and the bwu= do hereby give, iraur.. lad COD.Ve; to
the A~t'011.a aoJ:loot'..~I1Jsive ~Dt, Ucemc. right a.ad priviJeae ov=- my pm~ witbiu
the DCYdopmem wbic:h DeW cam:aiDS a sip or sips erected to idc:ntify the SUbdivisicn wlth
reasonable rights of iniRss ami egress therefrqm ami rherero for purpclsC=; of co~udioa.
repair, TMinfl!~11("~ ancl repI~~t. am thelU~ID~~tK'C aDd n:pIIK'-~m of aU J!lMS<'2pCd
UI:3S UOUZId Rid signs. If cbe emrauce omo a Tnct by rhc AsicdatiaD or izs aaems (pnarnmr
U) the Csbt.S sr3mccl herein) should result in my. damage to such ~ to the c:mm that the
Asscdacian bas ftmds aYailahte to do so. the ~sociadon agrees to n:pair such damage. and
iD"~"Y-fy the Owaer ter any c:mrs or expeo.ses PSI'Iltf~g therefrom.. . . . '
ARnCLB V
COVENANT FOR MAlNI'ENANCB ASSF.SSMENrs
. Seedmll. Pumoses of dill .A -'5D1eut.. The as&essme:Dts levied by the Assocladon shaJJ
be used f!V"Jusiveij\lor the own=hip. improvemcut, opemiOD amllmlin~ftr.lIl of tile ~ .
Areas ad dJe eaaimou Facilities loc:ated eb=oa- ill a t:!J~13Dtt CCDSistcm with other sJmi1ar
dcvelopmems in H2ims County, fDcludJDg. will1cut lImItation, (i) the p&y1DCm of taxes mnsed
against d1e C^~ Ateas aDd the Cammcn PacUitfes. ~ any, ("n) imuran= reJadq II) rbe
Co,,"OIl Au:as BDd Comman Pac11ltfes. ("m') lepafr. repla~ aDd additions rc!adq to tile
CoIDmOll Azeas ml Common Padlides, (iv) the cast of labor. ~ marerlaIs. setVfces,
. m2~ge.maJt and supcrvisioIl1'!l~ti~ to the Co~on ~ and CammoIl17acilitica.
Section 2. Assessmems. The third-party' propeny manapr (the ~Property Manager-)
hirecl by the AssccialiOl1 shall. an or Won: . of each calendar yeu. (i) fix UId
d~"""';ne a budget ~ me'sums ~~ry and adcqaate for the Camhmcd ope:adOD
of the ~lIdOD dm:in&' the m=xt calezular year, inc1udh1g, witbmtt Iimiwion. operadoaal hems
such as im:n~ R{)ain, r=c=ves, maia.te~uce aDll oda' opemdng NpaIJICS, as we11 as
c!w:ges fO cava: my de1icia tmm. prior yeus Bd eapibl impmvc:mCDIS me! RlSCn'ca applOvc4
by die A~~ all of whfch sbaI1 be specifically set out III tbe budget. aDd ("Ii) semi a Cf1P'J
ot tho bacfpt m each lr!c:mbc:'. aloq wiIh such Mcmber's assessment for tha succeec1iDg
~bdar year. . The ADoc:iatiou.' tbmagh the Pto~l.l' Mamg-.r. sha1l haYe the dg&t ro
suppl_~ tbe am:ma1 budgcl aDd assc=3 the Membe%:s tbc::cfor at any dmc. The total ammal
~, am aJrf supplomamaJ- requircmems. shall be aJIoc::um betwc::D, asRSSed to. aml
paid by,.each Mambcr baRcl1lpOll tha most tcamt avaiIablD Ya!~OIl of each TIac: aM
3D12MSU aD. rMSC tSJI8U
s
..
e. : .
fAD" : Northrup ASSOCia~nC
PIOE K1. : 713 463 SB:39 e
Feb. B9 1999 1B:J4:\M P7
lID 00 &\ ~. 11
I'mpmvemems the:eon as assessed by the Harris Coumy Appraisal Distric: (or itS SuCCcsso ,
the CIty of . whichever assP-1m1~nt may be ased by the kscciatioD, !ar ad Y2lo~ or
~ for the preceding year In reladon to the value: of all Tmc:s and ~ wit=
the DcYdopmem (excludfng me Common Aleas). The basis for rhc a:ss-~ sbaJ1 be die
same for each T1'3Ct. Unless ocberwise set fonh he~ 8Sl Asscx:iadou :I~ftPI~ shall he
levied against aD Meinhea of die Asstv-iDtim!. to caver the ~ of d:ta AssccWioa, lD
addhiOI1 to Iha other assessm=s hereinabove provided.. the ksoc:iatiou may adopt a KpI&~
ammaJ or special ass~ for securi1y an6br a special a3~t:I'ft= for any ot&er proper
, ~~. Ani such special ~m= shall be assessed against aU.Membc::r ill c= sama m2n1ft
as set forth above.
~ 3. Due Dares: Duties. of the ProoeltY Maaam. AIl ~m~ shaU, be
paY3ble qua.rierly. ill advance. or aD such odJcr basis as is o~ by the Association. The
Prope&tt Meager shall fix the dare of co~.-n= amd the ImDaDt of dJe a-,~~ apizJa
each Trac:t. am! aba1l prcpaEe a rosfcr of tbc Tracts, ami w_~ appUcabIe tb:::eto, W!Ifcb
shall be b:pt ill tbe office of the Prope:ty Maaascr aud. :shall be opcA to impectioll b111lY
~. UpOll the wrftten requesl of a ~ or his ~ !be Propedy Maaap:i SIma
i''''~Y ftmIfsh _ Member or his martpgee wid! a wdtte:I Sf'l~ of the uapaid. c:b:qa
due fiam such Member. A rea-_hIe chaqe may be made by dJt: ~ Mamgcr forb
I$-<'I.&....:e of sach staa:ment3, wbichc:haIJc ~ be ~sod by tbe 1iem crcar.ed or~ 1Dfct
this Articla.
(a> ~ll1~nt ;md each Owner. tor each Tlact awaed by them, respectiw:!y. widdD
tbD DcveIopmem:, heRby COVeDaUtS. me! c:adl 0wD=r of any Tract. by acccplaDCc of a dcecl
d1cR!or, whed=r gr DOl it sfla1J be expressed ill a1rJ such'dc:d or other ~ shaD be
deemed to covemm aDd agree to pay ED the ~!I~OIl such ammal aDd. special AsscciaticD
a~ems as are fJud by the Assoclati~1l and :I~ to tba Member as ~ ji,1....fb:z:- p~
(b) . If an :L~1'!!1t is Dot paid within thirty (30) days of the d:dc when due., as fimI
by the Pra~ ~. tbe:l SUeA "Sses~'"Ut~ tcgedaer wich ~ baJaDce of the ammal'aDl
~.a1 ~~euts C$tabUshcd by tbe A~S1';QIl pursuaDt to Sc;:ioas 3 aad 4 at this Ardc!c,
at tbe option ofthc A~oDy sbaU become dcUnqa=t and, IDgchc: with lme:e3t 11 the Jesser
at a) prlme plus tbreo pcra:m (35) as detmminM by the Wall Su= loumal aDd (b) the
m", I ion.. ". Dm-awrlaas rate pe:mittcd by applicable law (the "Dcfaul1 1&rD8), all casrs
Ie:ISODabiy iD:Dm:d by the ~CiOI1 aDd the Plv~ Mamgc:, incJudinr. but mrt linnted lO,
r=soaable attacrj'S' fees tdatiDs to COUedi01l of deliDqaem ZCOUIJD. sba1l be secured. by a
cam;nrri"K tieD. upon the Tract aWD:d by such M'cnbcr agalust wbk:h such -~"lt'~ m: levied
aDd. sba11 also be tba penoaal ob1iptioll at die 0wD:r of sucb Trac: at dJc time ~ such
..~ am 1eYied. SUch lie:1 $ball be prior tD all otbe:' 1i=s =:ccpt (i) CIX D=s, aad (U)
the liem of a 5= D20Itgage or deed of trim, which Is sabordJDar.c only to taX U=s or'od2a'
-,~ lDCM9II l6&5C ,!nasau
6
FROI : Harthrup F1Sscctawnc
PI-DE HC. : 713 463 5B39 e
Feb. S9 1959 la:3S~ P8
rID 00 .lA\ ~ ~
similar govemmenal 1m. Such lien is hereby subordUwed to tbc Jic:as idemitic:d. ("J)
directly above. 1.11 J
.
(c) The assessmenrs provided for herein sball,be tbc peaoml and individual debt 01
me Owner of the Tract c;overed by ~ lI~ftft@tlt No Member or Owucr l1J1I.Y exempt, belt .
from liabiIlty for as~ except as cxpr=sly set forth in. this Dl!et:lrarJoa.. The ~
may brins an acaCD at law against the Member or Owner or fanner Member or fanner Ow=:
persoca11y obligated to pay ~ U5e'~Dt. may file and farecIosc (iudIciaIIy or npa.-jucfidaJly)
a 1= agaimt tbc Tna coveml by such assessment In accordam:e with subsccdou. Cd) below. or
may do both. I:n any acdcm. iac1udlng my arbiuadon. M,"mi~ive hearing. c:aurt prcceedlag
and appeals thereot. me Assoc:iarlOtl (and tbt: Propen)' Mam~) sbaD be entitled to n:covcr its
costs, expenses ami reasoaab\e aaol'11eY'S fees, which items shaD be secured by me liens crcarcd
or RlServed \1Ddc:r' this Artic:Ie. ·
(d) Dec1arant and each OWDel' b=by r=rves uid ~ \Wo' , ,
Tmste= (he:daaftcr ===. to as the ~TIUSfee.), a power of sale tQr the ~fit at dID
1t-oM!lti'"~ mI each Owaer of mY Tr=. by !I~"ea of a deed or 0Ibr::. CODVeYam=
rhe:dbr, wbetber or not it sbaIl be ~~ in 3IrJ such deed or od1er COU~~ sba1l be
~f!Cf to pant to tba TmstI:c a power or sale fer the bezJcfit of dJa kaociaticn to CD1'm= the
~ li=s aeated pumw1t to this Article. Tbc 1I~~n1Ilic:Ds =:&tcd puaaa= to dais
.Miele may be CDbccd by the l'cr=1csa= of such 1Ic:a. apiDst the ddauJliug Owuer-s Tract by
d1c ~Il (i) .DOG-judicially In Uke manrJCr as a de:d of trust 01' ocher COmnct lieD. pu~r.llnt
to rhc Iaws of me State of Texas gavemiDg acu-judicfa1 rights of fo=Iosurc on X1:Il p~
or (ii) in any ocher mlln~ aJIowed by th= laws of the State of Tms. Spcc:ifica.111. sudl DOJ1.o
judicial forec1~ may be accomplished in d2c same JmI~ and by f<ll1owiDg Ibct same
p~ as set forth in SediOD 51.002 ot the Texas Propezty Code; as same may be ~
mPI~ed from tJme to time, the terms aDd pl'Ovisioas of. whkh ar= !!=by fDcozporarecl by
re:ter=ce ami made a part hereof for all puzposes. In arrJ foreclosure proa::edlng. whether
judicial or mm..judiciaJ, t!Ja Association sbaD bel cmided fa =:over irs casts, mpenses ml
masamble aaomcy's fees. which items shall be SCCUlCd by the 1iem c:=ed or reserved 1mder
this AaicIe. '1h: ksociatimi sbaI1 ban: the power to bid 011 such a def4u1ting Owner-s TfaCt
at a forecIOSUle sale or other legal sale (with the ri~ to be =cUted OD the amoum of it3 bid
in an amcuDt equal allot the iDdebfM~ due and owing to the Association by me Owner at
su.c1i Tract as oftbc date of said sale) and to acquiIe. hold, 1casc, mortgage, aJrJVey or otherwise
deal wiIb. dH: same. I'D tb&: czso at the =gcatiDn of tho Trustee. or tbe iDabiJity (tbraugh death
or ochc:wise), refbsal or faiJauD of tho T1UStc: to act, or at tbe option of the ~OD (wbich
re3$OA D:ccI DOC be 1UtCd). a Substitute Trustee may be l'I~Med. coDStiCutcd m1 appointed. by 1l1e
Assocfatfoa, wfdIcat other to""s"'ty than an appabmncnc am dC3ipation in wridng. whkh
appaimm""t ml d.csipdon sba11 be ftIl1 cvicka;.: of tho riam ancl amhority 10 mab cho $&IDe
ami of all Qds thceiD =i=i, aDd the power of sale xeserved azUbr in this subseetion .man ve:st
in the Subslia1u: Tmstce d2e title and powc:s hc::cin ~nfC%%Cd on the Trusrcc origiuaUy named
be::em. and d2e ecmvc:ymce at the SabsdtlUl: Trasu= to the pua:hasc:r(s) at my sale shall ~
~ valid aml ~e. .
. .
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-.u:~ G!lMIIJIUC s:mau
7
FRCr1 : Northrup Asscciayc
PIDE NJ. : 713 463 SB:39 .
Feb.' B9 1999 lS:36PI1 P9
[ffJ ill LAj ~ rr
Section S. Liability Limitations. Neirber Dcclaram., Dor its offi=s dirc=a.
employees, agems OJ; ItrOmeyS. nor me office:.s. directDrs. c:np[oyecs. agems or afto~ ottbe
Association. sbaU be pc=oua1Iy lIable for debts contracted for or otherwise iz2c:um:cl by rIM:
Associadon or fDr any ton arisiDg from me =ions at the Assnd:1rion or any Member. ~
or DOt such Member was acting on beba1f of me M.~OD or otherwise. NdUJer d2e
DeClaram. Ihc ~n DOr their rcsp.octive partnerS, otnce:s, dircctoa. employc::s. aa=s
or aaomcys sbalJ be liable for ;my damages. includIng. wirboue WuieatioD" mcidemal,
comcquemial or puuitiYe damages, (i) mr failure to secnre or inspect any T!3Ct. rbe
Improvcmems d=col1 or the Common Areas. .or Common Facilities oe for f'ailum CO secure.
repair or m8m~;u same, or eul occasioacd. by any act or omission n:IatlDg m Ihc repair or .
mJlfn~"Ant!(! at any Tract, tbe Impmvemems th==n or the Common Areas or Common
Facilities.
"i.
ARTICLE VI
MAIN'l'ENA.NCB
.. . ScctimI 1. M'a;n'""",""cc:. 'Iba Assoc:Wion. .throup tbe Property ~Icr, ~
m2;nt:lm. opc:ace, maDage, iDsare. repair aad replace all of tile Common Arcas and. Commcn
F"~'1~. The ccst tbetcOf shaJl be an expcuse fwJdcd by an Association ass-...~ agalast aD
~.
~oa. 2. Pcrimcfc' Fenc:es. III addftlon to me nt2Wtt~1I~ refenecl CO in Scdicm 1 of'
chis ArdcIc. tbe Assoef~dOll, mugh the Propcny Manager, sI1aI1 mll;nhiq aU perimeter waDs
or teac:s sepuating Tracts from paniODS of the Common Areas and Common FaciJitic:s.. A:I
to sm:h rCDCC3 ;ml waDs; the P1'Operty MaDager sbaJl repair and rcplac: such waD or feDca
when ~, and. when ne=sazy, paint the side of such waIl or ~ facing the Cnmmnn
Areas or CDDmICD Facilities: 1'ht: cost of such paimi!ll. repairing and n:pJacing sbaIl be: an
.A~qdon'cxpe:ue. Ptmtfttg of tbe side of such wall or fenc:: which fac:s the Tract shall be:
perfmmcd by the Owner.
Section 3. A~ at RC3S0nable Hoars. For tba sola puzpoSe of pe:fDrmiDg the
m~in~ ~ by this Article, the Association aDd its Propcdy Manager, thrcugh Us cfgJy
amhorizcd agents, cOottadoa m:1 employees. sbaII have the right, on nOtice, to c::mer upoD my:
Tract at R!3SOII3ble hour:J aD. any day exc:ept Sunday am! holidays. . NotW{r:bsun"I,,! the
foregoing. in 3D ~&~ simaticD, DO DCW:a aeed be given 4Dd eutry may be made an arq
day at any time. Neitbc: chc Asscc:iation DOl' its cmplayccs or agems $haU be ~~ guilty or
a trespass in pedoaaiug rb: activities authorized in this Aztic!e.
~&2d4SoI.s ~ IMSC ~I
8
FRIl'I : Harthrup AssaciateWc
PHJNE NJ. : 713 463 SB39
e
Feb. B9 1999 1S:3EiA'I P1S
m ill gj ~.iY
ARTICLE VII
INSURANCE
SectiQn 1. Common Areas and Common Faalitics. To the e:teDt tbat the .A.ssoc:iadcn
has ftmds available to do so. the Board of Directors and tbe Asscc:iar!0I1 agree to ml have me
awborlty to rn~;nb;ft. r . .
.
(a) c:omp~ve general lfabJ11ty am! public liability ins"t:P1I:C In n::asozzablc
amaums. as the Board of Directors m good fmh cfeb:mincs (bur 111 no event with policy Um&:s
otIess tbaD $1,000,000.00). c:ovcrlng ca;:h A5scx:iadan Member, OffIcer. Dir=or. and agem,
if any, agaimc liability for any negliaeut act of commissio~ or omission attributable to tbem
which ~ iD coODCCtiOQ with &Df activities IIDdcn:aken by them hereunder:
, ;
(b) In addidou. tbe Board ofDlrecmrs sbaII have rhe tight 10 obtain fire me! m~licioas
m;<r"';~ ~f'Qm1!UtS, iDsuriDc IhII tac:i1ida 011. tba ~~<m A.r=Is, In atl aa10UDt equal to their
faD rqJ~ values; "
. .
(c) WOI'fam:D.'s ~tiOI1 iDs1m1n; am
(d) DIrectcn' am! Offic:rs' IiabiIiq imuram:e. fidelity fDsurance am other iasucmce
it may deem proper to protcc:t the Associadoa, its zm:mbca and ks lUu~. AllIDsurm::
~;ttl1l-~ far such COVCIaaC shall be paid for by tbe AssodatiOD am assessed as appropriate to
aD Owners, which assessments shaD be ~ by d1e liens created or =ctVed. ill Articla V of
tbis Dcc1aratioD.
ARTICLE vm
USE OF mOPEllTY'
Section 1. E:cisti:ncr Yse 'Restrieri011S. ne Development is =d shall remain subject to ~ C. u f
81ZJ g==al m1 spcc5a1 use msaictioDS = fonh m my e:isdDg pIat.oir resttiction iDstram=t J ~rL
("Existing Rest:rlctions-). A11y ~m.tJoa, modIfIcation or,cdu:t 1I1n~"'M (if any) of the
CDV~!I""" coaditicms and x=riaiODS see forth in and evidenced by the E;n~n~ ~
sbaU be pumJant to and in aCCQ~ with tho terms am provisioas of such Exi.stfDc
Rt:striaioas; 3D:l any such r=miDation. modification or otba' am~ of die Existins
RcstDaioIIS sba1lnat tMm~. meDd, modify, aID:: or otbe:wiso affect. the temIS ami
provisfaas of this DecIamkm. "Ibis ~t.,tadollls DOt ~ed to be, arid sbaJl DOC be call5mled
or ~ as. a fI!rm;"!ltbl, modlficatiOIl or amcndft'ltllUt of die ~r ltesaictkms with
respect tg aD or my portiOD of tbe Dewlopmeut. .
Secticm 2. No Oil. Gas or M"mini Oaer.uions. No on or natm3l ps driJIiDg. oD or
DabJral gas dcvdopmcu.r. or oil refining, qumyiDg ~ mmn,g opc:aticms of.Ul1 tmd shall be
conducted OIl the sad'a= of :my portioll of lho Devo1opmem; mcI DO oD. 1WUriallas or wace:
~ __ l.uc tslNlU
9
FRCI'I : Harthrup Assacia~nc
AOE H1J. : 713 4E3 SB39 e
Feb. B9 1999 lS:3'?R! Pll
mrngJ~'lf
wells, t3Dks9 ft~1~.. mine:3l excavations or shafb. and no derricks or other ~ for use
in boring for oil. aanual gas. miDcraJs or water shall be erected. m2int!lined or permitted
(temporarily or otbc:wise) iD or upon any portiou of the sumce of the Dcolelopmcm; pravfdcd,
howcwr9 mat aotbins in tb.i:s Section 2 sba11 ~cm (a) tbc Ovmcr of my pardon oC the ~
es'care of my portion of me Developmem Emm (i) explering w, dcvdopin, 3D! Procb.lbg aU
oil, gas or otber mint:rals. in, 1mdar and that may be pradw:=l from me Demcpmcut by any
mc:aus or medlads. including, without Iimiradcm, dirc:dicmaI driUing9 whic:h doc:s not zeqab 01'
result in operarlons on the suma: of the Dcve1opmear, and [u1 im:Iudfng all or any poaiou of
tile Deve10pmem in one o~ mon: .9OQlin,. or um=aOIl uaits for pwposes of c:xp1orlDa f'cr9
development or production of sach oil, gas or other miDeraIs; or (b) use of aDY ponieD of the
Deve!opmeDt far war.cr wells or water storage t3DIc:s for tbc pmpose of public water a:Mce by
a; municipal utility district ?E' or.ber govemmemal bacty or political subdlvtsion.
. :
Sedknl3. .Animal Husba~. No sheep, 'oarS, hOlZS9 caWe, swine, pDUlay,
~ _nim2k. mala:s or Jiveuock of any JdDd sba11 ever be kept on my put of die
Dcvclcipmcm; pmvidccl. however, c!aDgercus 1I";",,.t, sba11 ex-lucfe ~inlllf suam doSS kcpc 1A
a f~ area. No Ia:m2els or mhI:r estIbJishm~ opaaIiDg far the pPtfnmhtllnt PD1~ of
boardiDg: aaJDfDr or seIIiaa. 1I"m,,.11t shaD be operaaecl' oil any part or dID Deve4IU1iul; ,
provided. however. tbat veteriDuy eliDic:s or hospitals and pet $lORS shall110t be prohibifaL
Section 4. Trash :md Rubbish. AD trash, rubbfsh; prbagc, I1:IJJ2IJm ct debd.s of 1111
kind sbaD be placed in samtal)' 1efase ~iam with tight t!ttfng Ids In an area IcJ~1y
, sacca.4 by plamiDg or fcueing so as not fa be seen &am m:i~ ttadS or public ar pi.,.
meets. Reasoaable amcmnr:s of CODSttuctkm materials and cqwpmr:m may be stored upon a tr.1Cl .
for teaSODlbJe periods of time dDriDg the eoDStruct:icn of JmpIOv~ thcrcoa.
Scczion 5. Additioaal Restrictions. Each Tract shall be subject to the provisicms of
this DecJaratioD. me By-Laws mi m1es aad regulations of 1fIc Assceiarlon aa4 the foUowiDa
covemucs m:l ~0I1S:
. (a) Each Tract shaD be wd1-m2;"~;l1Ied ill a safe, dean aDd attrad:ivta conc!irion IE aD
Um.cs ("mcluding, without limitation, keeping the TI3Ct free ofl2DSigbtly weeds and keeping grass
and other groaJ:Id COVet. if any, mowed). .
(b) ~ Owner who seIls his Tract shall promptly DQtl1y the A<:.<lncl8.tiOD, providing
Ihe name m:I Iddz=s of Iha DJ:W Own=.
(c) TIJe Assaclad.ou shall, at the requ= of the morrgage: ot my TI3C, IqIOrt any
d.clinquct U~~lll due from d1e e>wz= at such Tract.
(0)
NO
AD Association ~ shall be peic1 wh= duc:.
{)1J-rS} D6
~~ f2..<J C; E
of
~/jlff(tl<
~ __ ~-.1dIZ1
10
C-o f2.-j AIKeJ2 ~
oJ
FRCI'I : Harthrup ASSClciates Inc
e
PIOE KJ. : 713 463 5B39 e
Feb. B9 1999 1S:3BA1 P12
fIDOODJ~l1
(e) The leu: or my Tract or Improv'"'""'"'S tb.e:'eoD. man 'be deemed to provide Ibu
the t=mt ml Irs guesrs,. Uc:ensec:s, employees. agems and iIMtces shall fall)' campIy wida lbc
COYet~ leSIriaions, WIDS. and provisions of d1is DecIaladoD. and any am all rules mI
reguWiom of the AssO'"i.tiOD. Each Owm:r shall be jaiDdy aDd sev<<=3JIy liable with tile &:m12t
of such. Owaer for the violalioD. of any of tbe covezmms, a:sz:rlai.oDS, t=ms or proYisfaas of tills
· Dec!ar.uiOD or afZ':J rules or mgu!aliODS of rbe ~OIL .
(f) . No oil. gasoliuc: ar ocher such fJA'"'"~bles $bal1 be stared In vfoluion of auy ICCIl.
sttte. !ccknI or other aovcmmc:nq1 code 'or rquladan. No sach flammables shall be SIIm:d
in bult of more thm fifty-five (SS) ga110m grass capacity cm:pc in a m2~ mcI uPon sacb.
condidoas as the Assac:fadon sball approve In wridDg hl its sole discrdioD. AIllllZdcrgrauml
starage taDb ~ or insraJIed 0!1' any Tmct must be de:sigDed,: iDsCLJled aM operated in
aa:ardauce with tha mic:ar oitha'tP.r1!nfe:d ~ c:SClb1isfm In 40 C.F.R. Pan 280 or 31
T=. AdmiD. Code SedioDS 334.41-334.45, as both am ~~)' am=ded aDd n:vfsed from.
tim= to. lime. SUch ur~tc:-J staDduds sball apply OIl the cff'ccrive dale heRo!, BlgudIess ot ElM:
appUcabIe effective <fare esra.bUsbcd by said reguJadoas. ~;"""'t"Ut~, such as
, imp:nicas' curbizJg lad ~;m"g waDs. mast be provided m all ~ where oil, peuo\cam.
'products or Jmmdoas SUMP.t~ (as definecl in die Compa:!z=stvc Elrvlro..l'~n"'l :R~J3SD
o,~ImdOll aDd IJabiIlty }A of 1980. as :Im~ are usccl or stored. Such ~~
~ must be adecpta to =aiD the =tire comcms of auy ccntaim:r(s) lcx:md Ib::rehL. No
ponds. Iaaoom. iqlo~, :eservoia or eutbcl works may be iDstaUed or COAatlWlO1ed CUI
my Tract for srmap. ~".I~ or dJspasal of any mareriaIs or wast=J.
(s) Addirioml reaseaabIe tuIes ami regutlltions may be adopted by me: A3socWfcD
from time to time aDd shall be eufoxc:able thirty (30) clays after written DCtice thereof is seat
to aU 0wD=s.
ARTICLE IX
Em"ORCEMENT
Secdcn 1. C01!Xl'lia.nce b..v OwneD:. Evct)' OWl;1Cr. ami an ~~n~ aDlI otbcr occupams
of TriadS. shaIl comply wid1 the COve:JaDlS. restricticms, temJs aDd ptOVisioDS ~ forth in this
D=!aration aDS' all rules m! re8\1latioas which !tom time to time: may be adop~ by the
.,.a.~...ti9D. .
~ 2. FUfure ID Coml'lI. PaibmI of an. Owat:r (or tI:mm or orhcr omIpUJt of
TCIdS) ZD campJy with mch COYaIantS. n::stri=iODl, tams. provisions or m1es aml1qalaQoDS
shaD be srouads fer tm-'~ actioJI which may ftwof"tf~. witbtmt limitadoD, 811 ac:dan 10
n:co\'eZ' sums dwi tor damqes. fnju:cctlve teIW. =~ of othar ria:Ids or ~t<<l let
forth in this DecIaralion or illY c:ombiDacioA rbc:=f. AJI1 COst3 aDd rcaSoable auomc:ys' fees
iucum:d by tbc A~:lItfon shall be ~ agaiast tbc DCJKOmplyiDg Ower (or =am or
oth= oc=pam of Txacts) aud may be =foEa:d as tbe pct3OIJa1 obliguion at me: Ovm=- Qoimly
~ CIIOGII JMlIC .,S~
11
.'
FRlI'I : Northrup AS9c:lClateWc
AGE NO. : 713 463 SB39 e
Feb. B9 1999 1B:3SFlr1 P13
ri!lrDlffi~rr
i.i' : ~i !I
. ~ 1 " .
.. - " "- ~ \,J .
and severally with my said teDa.nt or otbcr oc:upant) an6tJr by a liC1 against the Tract in r!2e
JI12"-aer set forth in Article V of this Declantion. AIl rights and remM~ of tbe h~Jldou
and.cr this Decfaradcn sba1l be cumulative ami the exercise or ncn-exen:ise of any oC same sbaI1
not be d~ed a waiver of that right. or any other right.
.unCLE x
GENERAL PROVISIONS
. ,
Section1. Bc:1diciarics of Easements. Ri2hts and PriY1'e~es. The ~DIS,li~tlRS.
riglUs m1 privileges esabIisbed, cearcd lad gIanU:d by tl1is Dcc1aradon shall be for the bcDcfIl
_ i of. and 1O~aia.ed .soldy ro, the f'Usociaticn _,the Owners. Any Owner may a1sq aram the
~fi% of such c:u:mant. license, right or priviIqe to his tl!mI"~ ami guestS for the dwadOIl of
dIeir tI!mI....;~ or Yisi&s. subject ia. the case of cbc Commcn. Ax=s or COmmoll Pacilliia ED the
mlr:s aad EqUladoDS of the Asscdatio11. This provision is Dat Dm:z2dc:d, nor shaD it be
CDJ:ISINed, as =adng any rights In or for the benefit of the geueraJ public.
, .'
Sed:icm 2. DlD'3dDD and Amendment.
(a) 1bc CCJVeDaDts aDd rcsttictioas of this Dec1ara!ioa 3haJ1 tml "Rim am biad tilt:
Dcvclapmem aad sbaJ1 me to the beDc1it ot aDd be G:dn.c;eabJe by the AssociadoD, ID'/
Mcmbc:r or O,,~ of IJI'f IaDd subject ro this Dec1ar.ufon, thdr le$pCCdve Icgallep~fives,
bcia, m<<nson aDd -IDS umil . 2046, unless ~wisc ~I.~" Ifmfr.ecl11etefa,
after which tfme said. cavenaDlS m:! restric:tioas sIJa1l be 3Ufnm1lt;~ ~--d Cor SlK' AoIlilve
pc::rlcds of b:D (10) years uuIess aD instrumeDI: siaD=d by the Memks boJdiDs DOt less tbaa
sevrmy-fivc perc=t -C15"> of the votes of tl1c AssociadOA is fiJed of re.ccm aDd recmdecl ill tbc
OffiQalPubIic ~ ofRea1 Prcpe:ty ofHmis County, Texas, cl1angiDg or r8m;m1"'"g said
covenams ami ~ in whole or in pm. ..
(b) Notwft~h1g t.tH: forcgoiDg. tlz eaVlm.....~t Jiceuses. rigID and pdviJ.eps
csab1ishc4 and c:matal wirh =pc:ct to tbe Devclopmcm by AJ:ticIe IV sI1aIl be ~ sbaU
%1Dl wUh the Dcve1opm= anc1 s!Wl surriYc my ~ n:coDStrUCtiOD. md Edocauol1 of the
Ph1sica.l sa:udIJtc$, miJcss (i) said prcvisioDs ate abrogated by the tI~,";mous writfI= CODSeDt
of all the Owur::::s, OJ: (u1 my of said "_,."r~. J{censes. rights or privileges are abandoned or
arc DOt used. far a. f"ftnfinnous period of twelve (12) momhs In wbJ,ch ovc:m dH: c:asemem, Jic:::me,
tight or pri~ m qacsdcm shall autD'1llld~U)' fermiml,....
(c) E:ccpt as ~c:illy prohibited hexciD. this Dcdaradoa may be S1m"""'~ by (i)
aD Ub~~ siped by !be Members baldfng DDt Jess than SI:'t'eDI:y.five perea (75") of the
VOtes of the A~lI~oll or by aD. iDsttumem signed by tbc PrcsidCDt of the Asscc:iadon uressiDs
dI:I1 such ~uweat was appmved by Members emitlecl to vote seventy-five pe:cem (7.5';> of
the votes of the AsscdatiOIl at a meetiag of the Mcmber3 c:alIecl t'or such pmpose, or ('111 my
Supple:n=t lJeeIar-mQU'J recorded by the Asscc:aticl1. k1y ammv''"1!Ut must be filed of re=m .
"''''~N a:lCM9lI IMx: 95'I..u
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and r~orc!ed. in the Official Public Records af Real Prope:tY of Harris COunty T=as to be:
effective. Notwitbstaading any of Ibe foregoing. 110 provision of tbis D~oll may be
amended if such provision is, at the time ~f me proposed amMltfmem. requhed fa be '"'"Med
in this Dec:Ia.ratfoD by any applicable govc:mmall:a1 Jaw, stamre. code. oaih:JaDce rule or
regulatioD. The foregoiDS ~ may DOt be amcmf=L '
. Section 3. DisDosirion of Assets 'U9Qn Dissolution of Assodnfon. UPOIl dissaludcm of
the Associadau. as. real and pc:rsom1 asscu, lac1udiDS the Common Areas lIIXl C-~
Paciliti= if same ba'\I'C bc::n c:onveyed ro the Associatioa. sbaU be dediCatee! CO lID ilpprDprfare
~b1ic aa=cy or utility CO be devoted 10 purposes as aearIy as pnctiable tlle same as IhDsI: ID
which dJcy were required to be devated by the Associaticm. 1'n the evCDt such c!edicatioll is
J rcLUsed acccpl3IJC::. such assct.s shall be ~ CODveyecl fZlcl assigm:d to any nol1-pror~
corpcrarlou. ~~v.tion, trust or other arpDizatiOJl to be dcYotccl to purpcscs as Dearly as
pracrlcable 1hD same as those to which they we:e requhed fa be =vou:d by the: Assoc:iatiOD. No
such disposition of the Association prcpemcs sbaIl be em:cdve fa divest 01' tlimW~ m.r dSbt
or tir1c.to my M~Not' vested in bim. ~er die Uc=ases. COVeD8DIS ~ easr-1l1l'S ~ Ibis
DecIarazioa. or DDd.cr a.ay' subseqacmly mcmdcd COYeamt3 am deeds applk:able to b:
Developmcm, lIDless made in accoa!aDc= wilh the PMYisiODS of this Dedaa.ti0Jl or said
covenantS and deeds. .
Scciou 4. F.stcPpd Ccrtifzcares. Upon teql=tby 3D. 0wIIcr and wUbiu. fift.I:cn (15) cfa7s
of such xeqacsa, tbc AssodatiOIl sbaIl provfdc an estoppel cmfficaa: to 3D Owner seumg forth
the Slams of sa.ch Owm:r's T~ relatfDg to Ihe proviskms of this Dec1aradOIl aad dJe
asscssmems of tile AssociatiOD. The As&ociation may elect II) cbaqe a ~Ie 2d1ri;nl.rraclvc
tee to provide such c=rifieltes.
Secdon s. N9Cices. A:srj mitic: n:quiIcd to be s=tJD aD)' Member 01' 0wD:r 1mder the
pEOvisiom of this DccJaraticn sbaJI be ~ to have been properly given mI D:CC:ived when
~i"'-'l postpaid. to die last 1movm address of die peacm who ~a as Mc:mbet or Owaer O!l
the 1'eC01'ds of die Assoc:iadon at the time of such ~;1inl. k:1.y nOdc= sha1I be ~ liven
and rea:iveCl if maiJaI as provided in tbc p,.....--fmg scn=ce. notwiths~Mirlg the: failure of the
im.c-'~ recipm th=cof to accept. pick up or give r=:ipt for same. .
Section 6. Arl",,;lIi~don. The !Im..ll'ltctradon at the Association shaI1 be in accard.a.aca
with its By-La:n ami ArtfcIes of Inco1'pOration.
~QI17. SeverabiIitf. Inva1idat101l of my of.the coveuants. r""~~ or provJskms
of this Dec!aratioa by jwigmc:nt or couzt order shalI in DO way affect any of the ~.;nif\g
provisions ~. 3D! the same sba11 ccmlmJe In 1\111 torce and effect.
Sed:ima 8. E;tforc:m1ent. 'Ibe Association shall be emitled to =over tbc ccstS of
enforcing the pzovisiom at this DecI~ m1 mIes aDd rc;uIadons of the A=sociatiOIl apmCC
my Owner. =WIt and occupaDl. im:Iudmg, wUhout Jim~tiOD, reasonable aJ1tmJt:'Js' fees m1
]OI"~ iucMN 16eC ISlIaZt
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the alsts of legal actian Clten by or on be!Wt of the As$cQadon. and reasonable attoftZeyst fees
and costs of Iqa1 action for appcJlam pmc:eeding3. acruauy iuaured by rtJe Associarbz .
connection d=ewith. Such com shall be r=Jverable by mcaas oC a.~'''12ems 3Iaimt III
def'auJzing 0Wm:r, which 3SSeIl:Cftl!ntS sba1l be enfOICeablc in aD)' ma"att Provided '- IDJ
Alticle V of this DecIara.ticm. 'WI" ED
Section 9. Texas Law. In consuuing this'DccIaradoa. and with respec: to any aaf.oQ
hereunder. the taws ot the S~ of Tc::cas sball apply.
. . . .
SectiOI1 10. PrevaiI~ Partv. fD MJ.y action between the AssocladoD and the Dec1aram:
COJK:&:ming this Declaradon. the prevailing party sba1I be cmidcd to recover reasoaable 3UomeyS.
fees from the cxha party. , :
I :
Sccticm 11. Transfer of the Declarant's Riches. At. such time as the Dccfarant no lqer
owns or a:umages my penian, of the Development. aD. of the Declarant's ri~ powcn azul
privileges UDder rhis Dcc!aradon a11to-rica11y shaJ1 be tmlsfetred fC aad vested jq \ the
A.sscc:iatIoa. . . .
Section 12. LiabiJitY of A~2don.. Arrf 1iabiIity of the A~sttioJ1 which may ~
W2da' or in ~-tioa. with dUs Declaration IndIOI' the I>evcIopmcm shall be a lfahDfty of rbe .
A~~ticJ1 Iad:ace the pc:z'SOaallfabitity of any officer, director, sharel2oJdcr, c:mplcyco or agem
ot die A~don. , .
Section 13. Effective "Date. This Dec!azadon shan be effective upa.u its recordation in
the Official Public Rc:amJs of Real Pxo~ of Hams Coumy. Texas.
S=ica 14. Existin, !:q?rov~ Notwi~ any provisioD althis Dcdaradan
to the comruy. all ImproY~ eDrfng OIl tbe Develop_ at the time that this.DecImtimz
is tiled ofrccorcl and recorded In tbc Official Public ~ ofRea1 Pro~ ofRmis Coamy.
Tew shaJ1 be deemed to be in c:ompI1m:e wf!h tbJs DccIaration.
. Sc:c&n~. Cauutcrnarts. This Dcc!aratioa ~y be =ccatcd in C:OUIltcq)arts, 'each of
which may be ~~ by ODe Or mom panies md shall be consideRd au original aud an of
whiCh together sbaD conmt1Jte ODe d~
~ ~ l6I5C tsWIZl
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This D=!aradon of Covcuants, Restrictions. E3s~f"USt 01arges and I.iezJs (or .
- : was adopred. by this iDsttumem, signed by the C>waI:a of all of ~
Developm=t at the time ot irs adoption.
DECI..ARANT:
.0
~
.. -
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By:
Name:
Xes:
. .
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EXISTING OWNERS:
Ao
By:
Name:
Its:
B~
Name:
Its:
~
Name:
its:
~ CDO&tIS JMt: t!I'JIIIZl
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STATE OF
COtJNTY OF
f
I
f
'IBIS INSnUJMENT was amowlcdged bc:fommc OJ! the _ day of r
19_ by . a. au behalf of said
corpoEatlou.
Notuy PublIc:; ill aDd fer
rbe Srarc of
"
p~ Nama of Notary
My eo,mnk~a. &pua:
S'l"ATB OF
COUNTY OF
f
5
I
THIS INS'IlUJMENT was acknowledpd WOlD me 011 the --.: day of ..
19_ by . '. a' em. beJJaIt at said
cmpoatioD. .
Notary PubUc in and far
tba Scam of
Pri:Drecl Name of NOIaI1
My ~"lIn.:qiOll E:qIires:
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JrOBM 01' APPROVED BY-LAWS
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Feb. 99 1999 1S: 4CFtI P19
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L:;.I ~~ L;'a If U.
BYLAWS
OF
PROPERTY OWNERS ASSOCIATION
. .
AImCLE L
NAMq ~ LOCATIOli
ne namc~ of the corporarioa ~ PJ.OPER.TY owNERs ASSOCIAnONt
hereinafter reCmed ID as rhe -ADxiattOllIl. 'IheA'-;II~ol1 shall ~Nfq areg!ste::ecl omce
in rho SC3tc: of TCCCIS me! a :e;istered agCDt at such aQiaI azul may have other ofIbs within or
witbout the State. "l'hc principal offico of tba A ~OG sba11 be JDca=:l at
. . but ~p ol).f~ may be beJel at m;h pta= wi!hia the Slate ofTc:as. ComIty
of li2n'i~ as may be ~pate4 by the lbm:I olDhedors.. . '
. '
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ARTICLE II.
D'EFlNm~
Section '2.1. AIl tcms used hc:n:io sbaJI haw: the mcamnc Iiv= 1h=o in 111&: .
DecIa:atlon unless expressly stated to the conaary b=:iD.
sectiort 2.2. · A%tidcs of JncotpOrati.cDw sb3D. mean.the artlc1es of iDcorpa%3timl of die
As~tiOA, as 1~".M fIom time to time.
~on 1.~: IIJ3yJaws. sba1l m= tbcso Bylaws of the As~tioa, 2S am=ded ~
time U) time.
..
Section 2.4. .Dccl2ratkm- man ~ the ~OD at ~, Conditfcas ~
~ ~'"~J Charles and Liens, as amadcd 1i'om time co time, a copy of wbich
Dec!a.adcm Is m:cmfecl in the Offic:i3l PublicR=clds ofJal ~ ofliatds County, Texas,
as Instrument No. 1I:I1c!et PiIm Cede No. " 'the. Dec1a:zatiaa is
in~~ hm:iD b11bis =e:=cc for all purposes.
.
S~O" '2.5" ~. shaD. mcaa a ~ allbo A~atioD..s Ecard af~
Section '2.6. '''M~~. sbaIl meaD tbosc p-"ODS mtitIed tD ~p m tbe
A~atica as pzorided fA the ~doa.
~ ~. UlNC mwa
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Section '2~1. -Nominadng Committee- shall mc:an a c:ommiuee (anned tor thepurpase
of uominatina c:aDdidates Car c:ledian to the Beard of Din=crs as ccntempIated by Sec:ian 4.2
of lhe Bylaws.
S~on 2.8. "Propefty- shall mean the ~e.1opmem', as defined ill the DecIaradon.
.
A1n'ICLE m.
,
MEMBERS. ~~ II~S AND VOTYNG RJmrrg
S~on '~.1_ p,tnprlsition and 'towers. ~ Owner shall be a ~"""<'r of tho
A 5sociaiian and sbal1 COIUinue co 6e a )A'..-"'bet tor ~ loa. as he owns a ~ all as nI!am 1bJly
set out in the Dedaz3Iicm. II mare dum. ODe peaau or eatity OWDS a Tract, thcA such 0wD=
sball desipare CHIC of their DDmbc:r as tba Kcmbct of Ib! As'-';'!II~a, all as more fully set oat
m dJc Dec!azad.aa. nc torqolq is aot iDtended II) mclade persoas or ~ boIdInllll
fDt.=est'in a nzt DImly as ~ty tar the ~!atmaDee at an MHpticm. V~ft.orsIDp sbaD
be ~lIauaDl1Dt ancl may DOC be scp.med !om,.the ~ of my TJact. . b.cept as '
CCbcrwfx pIOYided iA these Bylaws or fD the :O-'!I~oa. all acdaa II) be tamI or authodwd
by the M'~~ sbaD. be ~ validly taha or authoDzed upoll adoPtiO!1 bywte ala mjadty
of the Yembea pn=aI, ill petSCIl ar by proxy, at any propcdy caDed ,"-~ftK at which a
qamum is pres=t, in pcaoIl or by prorj.
Seetion ~.2.. Annmd lwfe!!dl1l'.
(3) ".the firsc aDD1J3l ~g of the Mtmbc:s s!Ia11 be beId wlien eaJJed, upol1 tell (10)
days- prier wrium netic: to dle Membc::s, by the IDitfallbud of J:)fredms of tfJe A.Ssocla~oa.
(b) 'D1=after, the annual m~g ofthc Mtmbm sball be helel OIl the tbird Vcaday
ill the moath ot 1a:a.wy of each yaz at 1:00 PIlL at the: priDdpal office of the A44IIV'f.~on~
provided, 'howeYer. If tho Jim azinua1 mcetin& is Iess than six mcmths prlor to the mCDda of
luuary" the sec::aad annual mCdins shaD DOC be hc!d u:ui1 ~ secaad J'anuary folJow:iDa tha fiat
aanual mcedDz. If the d:ry 1br tbe azmual meedDg ot the Yf'~ is a Iqa1 holiday, tho
mcetina will' be hc:1d at the same hour CD the 5:at day toI1owiq which is ace a legallloIiday.
Sectfon 1~. s..i~ Meetinp_ Spcdal meetiDp ~ tile 'M~ mzy be calli:d at my
dme by tile Pr-f"fI'!t1 or lr1 the Bcatd at ~.1 Of 1IpOQ wDttcl request of tha Uembels
havin& DOt 1=s dim 0= renm. (litem) at the vo= ..mit'~ to be CISt at such meetiq.
~eetirm ~.... li'otice of''Meetinp. W:iu= notic: of e:ld1 mce:mg at the Ymlbea ~
be pval by, 01' at tbe ditectio4 of, the Sc:c;reW:y or P=CIl autbo:ri=d to can tile meeting, by
mailing a copy oJ ~ DoOt!ce, pcstI&e prepaid, at J.::zst tea (10) days befom such met~~1 to
each 1dembc:r =dtled to veta du:cat, addressed CD the Mem~J address ~ appc:arlng on tile
~ CDC8M I=-: t!uazl
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boob of the A '~oa, or supplied in writing by such Member to thl: A.s.scCadca (at the
purpose of aotl.ce. Such ncticc sball specify the plac:c, date and hour of the mc=dDg and In t!I&
case of a special meeti"g, the purpose of tbe MeeCnl. t ·
~on 'J.S. QJmrum lInd Acijoumment. l'he presenc:: ~ my m~"lt m peram or hy
proxy, of M~be:s =tided to c:ast cae r.enth (111M) ot die \'OIeS !n dae ~lSa"';~~1l sIIaIl
~ a. quorum fotmya=faD, e:a:qxas olherwise priMded in die AmcIes of~
the Dec!amiclt or Ibesc Bylaws. If, however, such qumum. sbaD Dot be pram or ~ted
. . at my mecdng. the M~fD""rs eDtit1ed to vote th~ shaD have powe:' to adjovm die IIIeeIiDg .
from time ID lima, wiIhout aodco orhcr tb:m amio'~ at the meedz2c. UDd1 a q1Im\Jm as
afcm::said sbaJl be present or be:epresc=Eed. No such subsequent mccdng shall be held more that
. sixty (6) days foDowiDg the preceding meeting. I
t r I .
&!etion u.. Pfmdes., At all'mcdlngs of Memhe:s, eadl MembC- ma)' vote iD pcl'SQ11
or by proxy. All pz=ia shall be iA WIitiag and filed with tbc Sec:ewy. Evay FJX'1 sfJaJI be
1'I:VOCab1e and sbaIl amoWft~ti~,y cease upoA CCIlVeyance by the \(emba' ollds Tzact.
. . ~
. . $ectfon ~,. ~odnc.- Each Member sbaI1 bave one (1) voce in tho Mniatioia tar each
IIII:IDbeabip Dw:rcst ow=d by such Mem.ber. 1lembc:rship mu:=s sbaD be cat~,~ Jn
a=m2aDco witb Aftic1e m, Se=IoG :2 of the Declaradoa.
ARTICLE IV.
BOARY) ~p nJR.~'RS
See&n 4.1. Comnos;ticn. no affaia of the ^'-;~tiCIl shall be maziaced by alkmd
of three (3) Dinaars 3pROiated by1he DcdmsIL SUch Bcanl may iac=aso its fUemMo."T to
a total olAw <') by ~al up to twO (2) additional ~ Dfz=tca Dad DOt be Yembm
'of the Assodatioa. At d1c Sr.st annual mectlDs. new Dfz=tca sIIIII1 be eIedecI CD tcpIacc tho
. . .
origiml Direetotsi die J6~~ shall elect ODe (1) Dia:dar far a term of ODe (1) 1CIt. two (2.)
Direcrors to: fI:nDs of tWo (2) ~ each mc1 two (2) ~ Cot tcms'of three (3) yem
. eada. At each tIDIlD3l meetfDl thmaftc:r the Mcmbea shall ekct 0I!e (1) << two (2) ~
as the case may be, fo: a 1c:rm of thr= (3) years. 'though c1ec:ted far re cam of J=IlS
~flrtf. Db;~ shall sene uatiI tbcir sUQ-"f..,(ltiJl:l are (OJ~. "tho aumhc:r af~a mar
be jn~ !mOl dmc to time by amendment to !he Bylaws in aa:o&daaco witZl Scdioll 9.3 of
~ Bylaws.
~-- 4.2.. Nomin~tion. NomiaaIioDS fer e!ectfcn ta die lkmd of])ire,..b,;g~ sb31 be
made by th~ N~"'tial ~'"'";~ Nombt~mu may also be made fiam. die &or a die
amma1 mc:d!ng. Tbe N~;rqdon Committee shall coDSist of a. c!Iairmaa. who shall be: a membe:'
of the Board of Dim::Da, aDd two or mere Other pe:$OGS who sbaD be dt!u:r Dhectms or
~ GIOiS'N WIle tslMlD
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Members of th~ As~;:Itj()D. bue a majority of wham shall be D~ 'IlIe N'ftft'l;"!lffQQ
Ccmmitr= sbal1 be appoiDced by the Boucl of Dir=r.aa paor lO each aDDUal meetiDl of die
Mcmtlen. to x:vc from Use close of sucn lDDual meeDS WldJ the cf.cse of the DC: amma1
meeting. and such appoinanent shall be ~ at each iIDIluaI m~g. no NGml~
Commiuee 3bal1 make as rmmy llOIJ'Iinl:lffcms far election to the Board at Dh=tors as it sbaJ1 m
, its disccdOIl ~e, bitt not less tbn tba Dumber of y:lt".:I.,,.;.., that :am CO be 5Ded. S1rdl
nft,,"ft2~oas may be made fmm amoDI M=bca or DOlI-Members.
Sec:tion. 4.3.. Election. EIediOD to the Boud of Dirt:ctD~ shall be by Sl:Cl'I:l wriUa .
ballot.. AI such etedi~ the Members'ar their proxies may cast, oill respc:cl CO eac!l ?ICmq, u
many votes as they are entitled r.o exercise under the pmviskms of the Dec1armioIl aDd dIese
Bylaws. The FDIS m=ivinC Chc largest DUmber ofvot.cs sbaJl be e1cctcd. CumuIa1ive votfDa
sba1l not be peimiucd:: : :
Seetfon 4.~. Rem~. AzJy Dizectar' may be n=oved tmm the 1bnI of DII=aa,
with or without cause, by an affinnatfvo wte of a amjonty 01 aU vota !II tIae A~OII
o reprexutecl at a spc:cial m=tml caDed (or $Uda l*~ III the event of death. ~~tiOll or
1'CIDOYa1 oE a Di:eaar, his sue=ssor .man be cIected by dse re:nahlina mcmbm 01 the !cud of
Di:rcctoa JDd sIaJl serve tar the un=pUed tam of his ~, or. if aD ~ shaD
have cUed, aped or bc:m resI10Yed fnm1 of6co ~fttnlf!ateous1,., without Ihe appoiatmat of
their SIIi.X"S~ their sacc:tSSOa shall be elected by the ~ at a speda1 ~tbll to be
c:aUcd by any ~ber within thirty (30) days ot the Dir=ca' =nova1 from office, at w!Iich
~~"I the nomil'laticms and e!ccdca shaD be coa.dal:r.ed as set fanb above.
Sec:rfon 4.5. Conwensatfcm. No Dircdor shaD rec:dve comp=satica for any service
. he may rmck:t co the A5SDdatioa; however, my Director may be reimbur= tor his =aal
~ iacmml in the ped'~ of his d~ .
~cn ..6. 09Q,OJQJ. A maj~ ofmembm afdae Board ofDiRc:oa shall c:oastimto
a quorum far IT-tn!Cl'"-tioD of basiDess at my mc:tinl at such Board of Dircct..oa. A vote of the
Directon shaI1 be valid if concurred in. by a ~odty pr=:lt at a m=ting.
Sectien 4.7. Aeticn Taken Wittiout a Meetint. Nry ac:ian which may be D!!qDirc:d 'Or
~ifted 10 be. takc:1 at a meedD, of the Board ofDincars may ~ tabu. without a l'J=';"' if
a eort~t ha wmmr. seui:a& !mth tho adOQ so 1ak=, II sipcd by all of the mtmMrs of. die
Boa%d of~~$. Such comcut shaD be pbccd in the minute book of the A=ci";~ wUh ~,
l4iDutcs of tile Board otDircctc4. Any actioa ~ appmed shan have the SUDe cftect as lfsoagll
tatJ:D at a meedal of tl2e Dhedon.
:5s:ticn .&,1. Meetinl!. R..,war m=tings of the Eoam of ~ ~ be hdd
lInn~Uy without nodce, It sach PW= and hcur as may be ftzed from dme 10 tirDa b7 ~mtfoJt
of the Beard.. Speda1 me:dDss of the Board of Dh~~ shall be hdd wIIc:l caJJecI by the
P:=fdc1t ol the Mscclation, or by any two (2) Dim:toI3t aft=' not I=s than d2ree (3) 4ays'
.~.2 CSQSM ISle SU121
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FRCI't : HarthnAp ASSClcia1:es., Inc
e
PIOE HC. : 713 463 SB39 e
Feb. a9 1999 lB:4SAA P23
ff~ 1.=1 ~ ~ 11
Ii.: I . ~ ..'
.J ..I.J ~~
~ no~ to each Diredot, which node: may be waived by a.~ce at rJJe mcetiDS or 1)1
wrutez1 wa'YC:r.
~on 4.9, Powers and Dudes. The brd of Dfm:tcn, tor the beDdit at tbc
M=Jbet!, sbal1 bave the f'D11owmg powe:s and dud=:
. I
(a) To ~ mr the A~~tiQll all paw=, eludes, anel auchcr&y vtsIed ill
or delegated to tbis A~;ltiOD ami DOt ~ to the m~p by ot!u:r pravJslca
. oroma: :Bylaws, Amc:les ot Inc:orporatiOll or the ~Y!l~;
. '
(b) To tab: all sucb IawM cion as tile Beard otD1rec:ca may ddel~c to
be ~e7, adYbabla or ~ ~ ~~ the puIpO$CS ad pzovimms of 11M:
Do:!aratiaa, the Amdes of JncoEpOadon and; die Bylaws; :
(c) To perfcmD any and aD duda imposed oa. arpawers aDawm to the Beard
. of Dimcron by appUcahIc Jaw;
(d) To susp=d the yoEiDg tights of a Mf"9Ubei dmiDg the pcdcd said 'U'~btt 0
is in dmu1z ill c:=ess of ddny (30) da15 ill die paymc:Dt at any mamteMncc cbarp
'~""@ftt ~;"!d' said Mcmbu's Tzad;
(0) To 3dopt a budget tor 1I1e It mc;ildoa; and
(f) To establish special2_m~f"I m accardaac:e with the AnicIe V, Sectiaa
3 of dID D-t-latatioa.
~on 4.}O. ~ It shall be the cfu:y 01 the Baud ofDirectars to:
(a) cause to be: kI:p& a camplde recanl ac'an of its acts 3IId COIpOI.da a1f4irs
aDd to pr=at a St:I~,..,' thenot to &he Y~'-"J at the ammal m-""I oftbeM~,
01' at 1111 ~1 mccciDB wt= sada statemcn& is 1equested iD w:itinc by oae-t=dl
(1I1Oth) of tile Cass A members who are =it1cd 10 1'Qtc;
(b) su~ all om~ ~ and c:mploy= of this A~2tiOD, and to
!eO that their duties ,: pmpcrly pezti,~ . .
.
(~) 1ix the amount ot tbe azmU3l ~~-mt apiDst ~~~ sub.fecc fa tho
~ of the ~!ltit'l11 and take sada attf..., as ~ deems appmpriaI:a to coU=t
sucIa UI-~"e:Dts and to cnCorco the lens cM= to === paymat dImc(;
(4) issue, or cause III ~~0PdaCe officer to issue. 1IpCIIl demaa4 by my
~ a c:rti&c:ate seuIDa f'mth ~ or not ay ftUlr"'_!lft'"e !t_",~t cha:Je Us
been paid; and, m tho avcnt :umual ~ft~ as.-~ts am apendecl CO gaMdc
~ GIIIIIN UDIC ISIIA2I
5
FROM : Har1:hM.l'P Assacia1:l:.C
PfOE HC. : 713 463 SB:39 e Feb. B9 1999 lla: 48FlM P2
!7.) G) I~' r? ~7
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services for the Members, to issue or cause an appropriate altic:: to issue, evideace
suffici=t to enable the entity providing such semccs to the Memb= to dde:mine said
Me~s c1iaibility fbt said service. A R2S0aabIe charge may be made by the Boaal
for the issuance of these cc:tific:ates. II a cemfi.c::I%e stales that an !I-5went lias beeD
paid, such certificUe sba11 be coDdusivc c:videncc of such payment;
,
(1) p~ and maUitain such JiatiiJity and hazard iDsar.mc: as it may deem
apprcpria1e 011. any property or fadJities owned by the ..t-~~tiaD;
(&). cause my offic::s or a:mpioy=s having &ca1 rc:spo~illii= to be bonded, . .
as it fD2.y deem appmpriar.e; and
(h) j cwsc the Cozmnoa. ~ and facilities then:aa, ito be maintained.
AllTICLB V.
OFFrCERS AND I H~K Du U"'~
-"
Section S.t. Elec:ticm Of Offi~. '1'ha f\M<=s of the A~ticm sfWl be: tIse
~e1t. ODe or mea: V'u:e P:eside:1ts, a Sec:ctazy and a T:asmcrt aDd, m addition tIIaaot
iD die disc:etf.aa 01 the Beard ofDit=::tca, sada otbc:r ~fficea with such dudes as tho DamI of
Dm::dors shaD. from tfmI: to time dc:e:minc. All olBc= man be l'!1ected ammany by the Beard
of ~ as tile Boatd ot ~ may det~in..... All oBicea sban serve aDtil tbcir
suc:cmaa sba11 have been e1ed.ed or UDdl du:y mms beea removed or have resigned. A:!y
pc:scm may simu1tmeous1y hold men: thaa eml of my of the 0Bic:s, except the o1B=s of
President and So....~f. The officers may be ~ or noa.-Yembc:s.
Sedion !.2. 'Remmr.ll2!ld ResipttiOll. Ally of1!c=3 may be subject to remCMl at =1
time by the:scam of Directors. Any oBiccr may resip at ~y time by &Mal w:iUc:1 DCdce 1D
the Board, the ~t at Sca=ary. Such ~p';nn sba111a1: effect oa. the _ of==ipt
of such notice or at zy Iate:t' time ~fied thmm, aod 1IDleu ath=wisc ~fied th=iD, tIJe
acc:pC3DCC 01 such ~ptlOll shall not be ~5alY to mal:e it effCcdve. 1'bD Board ot .
Direct.an may. In its sale ~oP, dcct adiD..I or temporary offic::s aDd e!cct affic:=s to fill
'v-'~,,('f.., occ~1 fez my ~ what:oevet, and may. In jg sale disc:etian, Jimi1 Of emaqe
the ~ aDd powca of my a1!lcc: c!c:c:ted by it. .
.
~Oft !.:3. The 'Pre!idenL ~ Pn:sic=t sba1l preside at all meetings of the Beard
of Direc:cts and tfJe v_'-1; .see that 0ldc3 me! =ol~s of tIie Board of Dircct=s arc
cu:zied aut; aDd, aulas oche:wise provfd.c:d by d2e Baud of Dircct=t, sip all lases,
m.ortpgc, dc:ds aDd athc: wmt= iDsb:uments tba1 have be= approved by tha Board of
Dhec:ars or purmmt to the autbonty Jl24ted by the l!aard atD!m=a..
~ lDGSN t9C t:Sl1Cl
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FRett : Northrup Assaclates Inc
e
ADE HC. : 713 4E3 5B39 e
Feb. ~ 1999 1B:4ElFt! P:3
, · :.. r.' '''::I . .
... ' 'IJ .\ I' ...
. i' ", ,l\~ ~ II
~ iJi.l L.a. tJ tl
~on S.4. The Vice Pn!sident. Each Vice President =an have such power ancl cbic:s
as may be ''1siga= to him by the Board of Directors. It more thaD Olle Vu:e ~4eat is
~Pcted dlc Boam of DiI=m1's sIJall,d=i~te who is the First V'u:e Pn:sideftt, wbo is tf1e
s=tJoi Va: P=ideDt, etc. In the absc:ncc of the ~A~tl the rU'St VICe P%esfdcnc IbaIl
perform tbc dillies ofd1e P:csid=t. Suc;.'1 aathodty co act lot the ~<d~ shaD vest to die Y=e
Praidcnts iD the order of dim DumeriC3l ~1I'"tiOIl by the Board of D1=:toa. I
Section !J .S. De s~,. The Sccretuy sbaIl m:ard the votes and m:p t!ua nmndft
of aD meed"P mcI ~;~&S of die Beard of Dinlctaq aud of the ~ ~ lb.
~~. seal of Cbe Awv-'~~.and affix it 011 Jl1 papea '%eiquhing said sa]; serve..1Odce of
mactinp ill caatormf1y wi1h these Bylaws; keep appropziate c:urr=t recoms ~I the
Members of die A~adOl1 togcdlcr with thc!t addressesi and peri"oan such other eludes
.~ IIy the Board or ~ i
S~on !.6. ]'be T~. 11u: T%easuD:r shaD m:dvc IDd ckposit ill ~
bank aa:cmDtI an IIIm1e1 of &he AJsgeTa!icm and sbaIl ~ such 6mds IS dhectI:cI by
zesolutfaa of the Baard of D~ pmvidc!d. 1tow~t 1bat a zaolvdoa at die ~,of
Dfm:taa man, DDC 110 D~~ tar disbai:semen.cs IIIIIde in tile ardiDuy c:oID3Ii of ~..~ .
cand"delf widJin tile 1imlcs ofl budget Idaptal bribe IkrmI at DiR.ctQaa, sip aD cbcda aDd '
~ AOIa at 1hc A~; bcp pIopcr boob of i-O=: cause aalZUlUal ~
of tb.c A,~tfna's booles to be made at the completicn of ada Sscal year; j)I~~ aD aDIIDIl
bqet zd a Sl:atCmem of iacome met ~ to be pmc.lted to the mlmtb--- ,,:1::1/ at .lis
.mguIar ammal mccdnl. aacI deIm:r a c:lYf of each to die V~-mbt-D and ~~. Iq aU odact clutia
assiJned to him by die Bcazd of D~~.
A1mCLB VI.
CO~ll:J l'"~
Section 6.1. JA addilioD to t&= CDIIImjH~ pmvidecI b in tho ~1,r.t';"D IDd t!Ie
ByIa~ Chc Beard of D:"'~~ may apj)Oim meh od=' c:ommitt=s as -1 be d~
aptk~ by the lbmi. .
All'1'ICLl! VD'.
CORPORA'l'B ~
a~nn 7. t. 1be Asscc!atlon may have a. seal in tho fbrm p- , ~ by the :Bca:d of
Directoa.
~ __ ~ tnIIIU
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FRIJM : Harthrup ASSCciateij'C
,PHIJHE NO. : 713 463 5B39 e
Feb. B9 1999 1B:49AM P4
t~ t~ L~ ~ 11
AR'IICLE VIII.
ASSFS~
~on 8.1 Ea.ch 0\1m~ is abligared to pay to the Assoc:iation ce:cain 3m1uaI aad
~l as~'l:~ which are secured by a cantilminlli= 1ZpCXI the prope:ty against which tbe
lSSf'mDent is made. AJJy ~~ents which are net paid when clue shall be de!iDquclt. rt tile
assessment lis DOt paid wichi:a thirty (30) cfa}3 after tk due dare, the. lS--_=t shan bear
fna:resl at the Default Rate as defined In the :Dec:Iazatkm, and the A ~~Oa may =1 asa
adon at law against the Owner pe:soaa1ly abIigatl:d to pay the same or f'cm:dase the = 21P;1t~
the property, aDd ~ castS, and n::ascmablc aumnc:y's fees 01 an)' such a.cricn shall be added
to the amounc at suCh assessm&mt. No 0WDa- may: waive 01' othcwise iescape HabUity for the
~cs praYidc:d far 1=r:iD by 3hancfolUDCDt at said OwDc:'s Tnct..
AllT1CLE ]X.
IwUscaLANEOUs
to
.
Section 9.1. Covenant trJ ~ LaW!. Rules and ~J'2tfon5. Each Member shall 'be
subject to the Dcc:!aradon and shall abide by the Bylaws 3Dd llu1cs and RquIasicDS as the same
are at may from time r.o time be emJ,lil\:hed by tbc Boanf of Direcors. Each Member srmn
obsc:ve, comply with, :md pc:d'orm all :uIcs, reauWiaas, ordizzaDces and laws msde by any
, zav=un=ta1 autbmity of 34'1 mUDicipal, state aDd lederalIOVc:mm=t A:MJ2' jurisclidfon 0Vt:t
tbe Plo9Cd.Y or any pm th=eot.
~cn 9.2.. M~1 Yen'. "l'he fi:sca1 year of tbp M~;~on shall begiD on tile iim day
of lanua%y and ead OIl d1a 3bt day af Dc=nbe: of every year, ==PC that the ftrst fiscal year
shall begin on the dale of mc:azpoutioD.
. Section 9.3. . "mendment. "1"h=e Bylaws 1!AY be :I!nf!l'l~. at a zcpIar or spcCa1
meeting 01 the ).r,"",~ by mfamum=t sipal by the Mcmbe.ts hotdiq DOtIess thaD SCYeD~
Jive ~t (155) of cf1c.voces of the M~t;OIl or by an .imtrumeDt sign=l by the P%esIdent
of t!ze .A~tfoa. !:l~~"& tbal such insttumcnt was approved by Y.e~ ~M1M to vote
sev=ty-nve percent (7S5) at the votes of the A~~u!(lQ at a m=dng of the ~ =lIed
fazo sudI pmpos=.
. .
Section 9.4. Conflicct!. In Uuscasc olany coa1Iict between the Articles of1'aco~~ftI'l
and t&.c= Bylaws, tfu: Artid= of In~ shaD COGtcoI; aDd m the case of 8ff'J 1."1'!1\t1~
betwI:en the Dcc:!mJion and these BylaW3 CIZ' the ArtlcIes of!:acolpOmtioD. the Dcc1:aratiOil shaD
col1UQL
~ CDCl5M eoc ~
8
FRCI't : HarthnAll AssaclateS.
~~ffi~~U~
I .' . :'.J ., .
I , uu
Sc=on 9.S. Boo~ and Recants. 'I1Ie boob. ft.COlds aDd papers at dzc ....~~tioIl
shall at all times durizlC ~lOaabtc business houa be subject to iDspcction bl aDl M~. no
DeclaatioD, chc Anldcs at ~11 and the: Bylaws of die A~tiQQ sba1I be: av:lilllP,1e
tor inspectlon. by any Mc:mbct u the prlDcipal office of the 1t~~QII, whem capia may he
purchased at a ~Ie cost. '
PIOE NJ. : 713 463 SB:39 e
Feb. B9 1999 1B:seFlPI P5
~J.11"lCAnON
1, the ~pecI. do hc::eby c=tify:
. 'I'h:at I am the duly c:I=ed aDd acdnS Scc:rctaz)' olWNW ~"ty 0wzI.= AJpvo:~tbJ,
Inc., a Tcus p-pmftt cmporadolJ.
I .
'I'hat tbo fm1:&oinl ByJae constitute the orlglaa1 Bylaws at said As.......Mtl"a, as duly
adGpCr:d at a mediBg of die BoaDI of Dha:tors tIu:n:of held CD tho _ day of .
1996.
.a.
EX:ECDTED tD be c:ffect1vo as of tho .....: ., of
.199E.
SeaetaIy
"'~ ... UIlIC: mlMal
9
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FRIJI'I : Har1:h~ ASBacla1:l!S Inc
e
2UIlU
..
PIOE Nl. 713 463 5B39
SCBEDULE "4"
TO
EXBlBlT "e"
LIST 01' THIRD PARTY OWNEBS
. '
e
Feb. B9 1999 18: 5BFI1 P6
rT-1.': r:l) (,\ I'?, Cj(
I i. : ., .. I I .- I
~. \ 'i: lJ ~; u U
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FRD1 : HaMhrup Assaciates Inc
e
ZIUla
~
AGE Nl. : 713 463 5B39
e
Sr'A'EDlJLE "5"
TO
EXBIBI'l" "C"
COMMON EXRNSE BUDGET
Feb. B9 1999 1S:SlPIt F?
f;~ : i,1 ;~\ '5 fU.J
ll,.: ..:. ...... li
..
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F'RI:JM : Harih~'P Assaciates Inc
e
'.
21l1CU
, A-DE Nl. : 713 463 SB39
sCsEDlJLE "'"
TO
~MIMrr-c" .
.
RES'l"llICTIONS
e
Feb. B9 1999 1B:S1A1 fIB
IT' R i~\ ~~ ~7
l.,. ..': ,-". U
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.a.
FRCI'I : Nar'thrup Asscciates Inc
e
PtOE MJ. : 713 46J 5liIJ9
e
Feb. B9 1999 1B:S1A't P9
f.'" r .,) r,\ I ~'. -,'
, ., ! I ' ::
'l" ., I: \ : oJ u'
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PROTF..cTIVE COVENA~
I.
- ....
This CO~ is III3de with the restrictions and upeJD the covenants bc:ciDaftCl' set fbrtb.
Uf~IIit- ~ to as '"Prot~e Covenants... wbic:b shall. be cowaams rum:DnS With the
Property. b;n"'''8 upcm aDd observed by Grantco and Gramec's ~ors a.ad wilDS as they may
acquire an ~ in the Property.
purposes:
The teaDS -BaiIcfin2 Sitell and lI})arce1.. as ~scd' hCRift!a~~. shaI1 mean irty subdivided,
p'~ lot or similar parcel ofland within the Property. Tba term. ~. as used hereiaafter.
~ mean build1ass. bnproYem~ and appurtcn~ 3I2d hmdU"~ping.
I
Pennitted UteS- The PropertY sba11 be used solely f'cr one or more of me tbllowias
~)<IJ\ 13rT /~D\\ .'.
. ea) A:site ~r buildings d-,snc:d and occupied -(or gcncn1 oSee purposes. 'Whi~
~'''''''p may have tImants or ~ants providiug mer"")" services to occu~ sad
visitors at such ofIice bt,~ indudiDg. without timm.tfD~ 1l\CZ1Iaty services, ... as
iBal.cial ~(lms add ~~~i.w. ''T~ f>e' ~~~~)
~o IolEAVY 'h~.:-l\\
(b:\ A~buildin2!l ~ eel aDd ---:...i mr 1:...1.. industrial '~-V)
'J. ~ Ip -ilUOW ~~ purpoA
;ftC!"t\m& ~JlO . ihanu&dudng. service' ceztter, warehousing and distribution
operatio=. aDd resem:h .es; and 2ML. y~ ~ A ~HC.~~ -4:S' FUr.. rJek... 1'TJrJl.k
. &4...cmso~ ~5. ,"l EO( 1:', I;;l I" "f)" -,: J)E.:/~P"'E,J-
." . (c) Sur:&u pBrldng orvchiC1cs,or ,.r~"I ~ fer .eSietfJs in cmijunctiOIl " .1.1t;'~.",
with my of the permitted u= spedfied in this Section 1. .. to \NewOt~ ~ ~*.
1.
.. .
.
2.. ~mDited Uses. The rciIowmS operations lad WIC:S sbaIll10t be permitted on any
portieD of the Property:
(a) Arrj'usc that is offensive by reason. of odor~ gas. fumes, .. smoke, ElOise,
pollution or vibration, or that othcwiso ~es a DDisance or is hazardous. dqerous
or unsaIa;
(b) ColDIDcrtW cxc:zvadcn ofm,'mftg or COIIStt11dicm materials (but ~JO~
", c:a:avatiOIl iD <<'""~OSI with COastruc:iOIl afimprDwaumm on the Property);
ee) Dr"",ing, dispOAl, iudaer.diod, or reduc:tiou of pbage. damage. dead
S1'l;,.".t~ or ndbse. or the. amstmctiOD or operation of'water or sewage trc.'ltment p1;mts or
electdcal substmom (stc1udiug such plaats as may be opentecl by public ~ compmies
or by ati&ty or similar distriQl prcMdins servic= to the PmpaV)j
.. (d) Smcl!iDg or ircm. tiD, zinc or other ores; or r~~g at petmIeam or its
proda.cts: .
~ L.\\\\\'tJr-O~ "ArO~~~-.l~ ~~ ~ ~ ~~. ?
Pue 1 of9 Paas
FRIJI'I : Ncn-1:hrull Assacla'tes Ine
e
PI-DE HD. : 713 463 5B39
e
Feb. B9 1999 1B:52RM P18
r: . roo, ~ i:=1 ' -
: ~I ' '-i'
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ee} Storage in bulk oEjwJk or used materials; &ad
(t) Residences of 3rrf kind, including. but not limited to. single or multi-tamily.
apartmcmS or coud~ I"" ~ ~e t
. .
Arly othCl' activity or use which hi the reasonable disc:retion ofthc Grantor is obzumaus to. or out
of1wmoD}' ~th. a ~-class of&a: aa.d industrial land d~opment shaD not be penaitted em my
portion of the Property. Trash, gllbap. or Qtbcrwaste shaIll10t be kept eccept in saDitary .
c:outainers. An trash, garbago or other waste sba11 be remoV1:d DO less often than am:e per week. .
No use shall be pepDitted wbich is in violation afme laws olthe United States Of ~ Slate ot
Texas or any sqbdMsicn thereof: Writtc::1 approval by the Gtamor of a particular use shall be
- eoac:1usive mdenb, of compliaacc with Section 1 of these Protective COvenants to t.be extent that
such use is noe ill ~oIaDcm otarrJ Jaw Of ordiaaJlce. The Grantor shall DOt be liable to any persOIl
m respect ormy use fOr which the Gtutor has in good fJdth gramed such approval .
3. ArdDt.ectunl and Desi~ Control .CqDStn1ctian or alteration of I1Z'/ bui1dmg widuu
tho Property sbaIl meet the standants set forth ID these Protective Coveuaats ad my rc:asaaabIo
I'';''pf'~ from time to time c:stabJis&ed by me ~or. All ~ subdivision at the Property
(that is, the subdmsioD or dMsicA of my siagle parcel origiDaI cameyed by GfamDr into two or
Jlmre Bniln-, ~1tes or ru=s), and ccsmuctlca 00 and devetopmrm within the Pmptll'ty, sbalI be
sabjcet to the approval otthe Gtaator. which appmvaJ shall IJDt be UDI1taSODabJy withh.-l~ du,=
or CODditioncd. No building or cd=' improwmcJt sbaJ1 be coDStruc:ted on .the Ptoperty" IIId DC
merler changes shall be madt: ill my buiIdiDg or improvcmCDt which may herezfter be comenicted
tluncn, ~ two (2) sets of the plans ID4 spedficatiom therBCcr CDdudiDg a site pIau, atelior
dcvatiolU. .colon. c;ouStiac:tioi:a materials, stnictur.d design pIan, gradiDs auc1 cbiDap plm, site
1ands~ -= 1lTi9~ all exterim'1ightin& site sipgc, p~.for oS-su= ~g ofvddGt~
and utility layout) have been submitted to aDd appnm:d in writing by the Gramer. Such IpJAwdl
proct$S sball e:lCDd to type and quality at: '""tmaJ~ harmOD)' of =terior c:lesisu aDd c:aIors with
~~"'g structures. 011 the particaJar BuiIdiDg Site or in the area -and locatiClD with respect to
topography, and flmshed ground elevaticms.. The Oraator may tram time to time. establish .
reasonable c:Icve1opo1eSlt poeUnes and 'standards for ~..PJ~ ~ ~~
buiJAff,g matc:riaIs. sidewalks and '~""~~~'~~ "\
estab~ aDd cdpies tbBnlofpnmdecl to the sa=e shall be used as the bsis for n:Yiew ' "
aad approval ar disapproval oE plaDs and spcciiicaUo!1S. The pcr:sol1 or emity sabmittiag plaDs and \
~~UOIl fbr review shall be advised in writiDs of (i) the approval thereaf'by tIJe Gramer, or (i) '\
' tf1e segmeua or features thereof which arc deemed by the Gmmer to be incaDsi:steat or uot in
coatbrmity with these Pmtcc;tivc ~ aDd said goideJim:s and stmdan!s, if applicable. If;
within fifleeQ (1S) days after the recc!pt of sach plans 8Dd specifications by the Gt:mtcr, wdttm
Dati= ofor o1:ljeeticm 1la ~es thereotis not sMm. the app~ ofthc samo by the Gtantcr sbaJl
be dcc:mcd to have bcea yj.vaL AIl ~ Oll tho Property sbaIl be: tnmt sah9f1ltrl!!lI11y in I
aeconLmce with pJam ami specificzUODS as the same may have been giv=- All bdIdinp all the ,i
Property shall be bailt md all other improvemeats thereoll sDaIl be made sv~ff"ny in accamancc ,I
witb. p~ and IpOci:6Moaa as the same IDII.Y bave bceza fiDany .PPl'OvecI by the Grantor. /
NotwitbstaDc!h1s the Gf~ ~ to either IIppI'tmI or disapprove the p1:ms aad speci6cttittZlS /
, ,/
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FRCPt : Narthrup ASSclciates Inc
PIOE NJ. : 713 46J 5B3'3
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Feb. .99 1999 1B:S3RM P11
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for improvemel1ts to be constn.1~ OD a Building Site:, 120 impravemel1ts or buiJcfinss shan be
CCl1SUUCted on my Building Site unless an aspects thereof meet an the requirements of these
Protec:ivc Covc:aauts. All buiIdinSS in the Prcperty shaD have exterior wans of face brick or of
exposed aggregate conac:tc andlor glass or of equivalc:m, per"'''ln'"'1t. arcbitecturaJly-nnished _ I
material to Amodtec! arad..c. _N~LbuiJdiall shall "e to:"V....M -0." ~ or coaupted aJnmn-..., "No /nt:;r4L
asbestos. irau or ~ wli'cn. comauctlOl\'~'1S ~Qa'4C1WJ, another material may b. .1
used in Heu ~( ;rovided'such material is detezmincd by dJo Gr3ntor to be equivalent oC or E U ,L.J){N~
better thaD, ~ spcdBed material The Granter shall Dot be liable to any person =da' m!J t&eory
Dr UDdec, any c:imDD5t,ft~ in ccmncction with the app~oval or disapproY8l. of plans and
specificatiODS, including. without Bmitadon, my 1iabiIity based OD SO!mdnfI!!Jl of cOnstNc:tic=.
adequacy ofplaas aDd spec:i5catiom or otherwise. PurtlJer, in the dcw10pmmt of my Bulldiug Site
aDd in c::oastrudioA of improvements thereon, the awuer of a Building Site must CQmply with aD
- applicable laws. ntl~. r~ zoains ordiDanc:cs. buildiag codes az2d. I ~
RqUiraneDts, iacludi:a& withoutlimitaticm, those re!atcd to tho iDstalIatiOI1 oE.sidewaDa asd similar'
amenities, ~~$O~c:A\$,AfoIC)f\1'ZIr JI1rttlfJ ~.DCes,ftNO ~O;'QPSo.
"'....-.. ~~_:.~~capin& UDdctgrcUlld irzi6atiOI1 and ~==
~~spac;rVJimhia ~'1Ui. iDCluding. but not limited to, the area at a BuiIdiug SIte
between the <:arb of a public street ami tile applicable but'''';ns seth-Me _ for such Bnff"""'! Site
(the "Landscane Setback'?, and side and rear building ~at'k areas. sba1l be iast:aIIed by the
Buildmg Site ow.u.c:r. at its sole cast and ex:pcase. Such Jancbcaping shaIl include, widKmt
limitati.oD. visual scr=DDg n:qaimd by th~ Protective Cove:llDts. InstalIatiOD of the ~uiaecl
IancbcapiDg and irrlplion within & BuiIdiag 5"ltc must be c:ompIeted within thirty (30) days
fOllowing the occupaucy or su~.J completion ci mJ bt"'''''t.D& whichever Occur.J ~ subject
10 f\".JIVl"R'h{a extea.siQas for a period of time equal 10 the duration or delays l".mlsed by fi:ras, IE:t of
God. shonago ofJabor oi- .Datcdals, strike. Ioc:kmit. casaaIty. or other ~n""rtioDS beyond a penDl1's ~
IeaSODabla coutro1 ~l,le Delat'). If suCh required Iands~ aDd iIrigatian is DOt timdr
itoc;taUed the Gnmtot may came the same to be insta1Ied at the e:q,euse of the BuildiDg S"1tB 0WJlEII".
. in the same m~nn~ and with the same dl'cc:t as if'such iastaIlmoD 'M:re uuW:ttezwlCe required by
Section IS below.
. 5. .Landsc:cme Maintenance. The owner of a 'Building S"lte shaD, at its sole cost aad
expense, 1l'2fntllm aIl1audscapiDg, benus aad trrigaDOIl requin:d by these Protective. CoveaaafS to
be iDsta11ed by the.owner of a BuildIng Site. No excavation sba11 be made oD, and DO sand, gravel
or soil sbaD be RmOVed 1rom, the BuildiDg Site, except in COzmec:tioD with the eonstructiOIl of
improvements theram, aDd upon completion thereof; exposed grcaud opcuiags sbaIl be bacIdilted
..Iud disturbed groa:ad shan be gnufeel, leveled. Bad paved or t~",f~ Adequate erosiOIl caaIrDI
shaJl be rmftnfll;nM dming CODStrueacll an a Building S-rtc. All stcrm water' &Ding on a BuDaiDa
Site must. be calIectcd oa-sitc into :JUbsumce drainage structures which DmSl dIsc!mrge imo a
stDml sewer or ctlu:r drainage fac:iIif1 approved by the Gtmttcr and which camplies with applicablo
laws and regu!aticms.
Pue3 of9PIKeS
FRIJl'1 : Har1:hrup Assccta-t:ewc
PIOE NJ. : 713 463 5B39 e
Feb. B9 1999 1B:S4PlI P12
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6. Setbacks. Jl,(inimwn buildingfunprovement and parking area sefM"-b shall be as
fonows (measured at right angles fi'gm the property line),: ~o S~'- CIF~(Utf -n:a ~ ~ !J 1/ N
~~c/l.QS)1S ~~~~/>ltt1fJJorL ~UI~Jw~:'J.~D3~ Ai) ~ 1-T I
"jR.-neLE.. )C[
A1I Public Str=ts · , . J r:. '1/.!. DE. 'I. Ahilt;.
Side BuildiDg Site Line
R.eu Building site t.me
. --
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The Gtamor mzry relax setback requitem~wbere ~5IIY or d Ie to accampBsh iL more
ddive and compatible land utir'-';on. No building or other sttI1CtUI'e. inc1udiDg. withDUt
1imitmna, fimees. sha1J be IlUted nearer to I1rf stteBt or to BuiJdins Site side or n:ar prapc:ny ~
than is permiI:led by the appIicable ~ tiDes ~ estab~ 0"- at ~ o~#....,..,.
7. P3rJd112 ~ents. A.dcquare lUtomobilo pmtias spaces, '-In,r,ng, without
1imit2tiOD, spaces for amployee. QJ5tomcr. visiter" and b,"m~ed padcing. sball be provided OIl
each Building Slte and all such parking areas sbaJI be intemal1y drained. c:am~ and permanemly
u13ccd with concreto at asphalt. Mhdmum pammg requirements/spaces shaD be as fDDCJWf
. 6cI\ ~ NO ~g: ~ ~~ ~\A~ ~ ~ ~N~ce~
IIa Spaces: .
. Officc....... . I 3.5_pet'1:000sross~reetof ..
buDding area. .
. . . t
Industrla1lBuJk WarehousiDg 1 space pet 5.000 grass square feet cfbuildiJig
area.
.~ . 2.spaces per 1,,000 gross square feet otbuildi:Dg .
. l ar~ .
~ ~ ?'2JVtt'$, 11'6~ ~~ tMu~ -n Pt1cwCDlS' oF ~(4)~
1:>eslp and co~ of pa:rkiug areu sbauld Proonde Car a reuomblc ~ of fWl size. mid-flizB.
compact size, and d"uabled or h"ftdi~pped parldng spaces. No use shaIl be made ot my BuiIdiDg
Site or IlrJ ~ ccnstructed the.recm which reqaUa J2arkins in c=cess ot the capacity of
..tf1e D.cifitics ~in~ = paddDg 011 such BuiIdiDg Site. Padcing wiIll1Ct be ~D,:tt-ed OD aD'/
sttect or at my place other than d~l"wtfIJCI ~B areas shawn 011 tho pIms 811d SP~V-"rms
approved by tho GraDtaa; 8Dd the owm:r or each BaiIdmg $tc sbaJl bo RSpCDSI"b1e 1bt ~
by its respecdve tPmlft~ employees. aud'Visitca with t&c parldag requiremema of these Prot.ecdYe
Cov=ams. The owner or each B'"'~"g S"rte shaD. at its apeDBC, QUSe to be imtIR<<I _
~;"~ in comp.~ with app1icab1e Jaw ad ~~.p,lo stmdanls established by the <;-mnr.
adequate no-paddaa 31M! other 1ra& CDDtrol sip OIl public streets adjac:=t to suda BuiIdiJtS Site.
AD puJans areas shan be sc:c=cd &am pubJio W:w 'wida approved ~..;, or berms :met sImJbs at
type and species 8I1d ill a ""'"'"er' approwd in writiDg by the Gnmor_ U~ 0Ihenrise appr0W4
~
. .
Pas: 4 of9 Pastes
FRDt : Har1:hrul' Assacta1:eWC
PIOE HO. : 713 463 SB39 e Feb. B9 1SS9 1a:S5A'I PO
r,"\ 01'1 '7' ~ r.~
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in writing by the Grantor prior to construction. puking win not be permitted in front of any parkiug
sctbac1c 1iae. To the extent that appropriate govc:mmental authority may Uom time to time require
more parking spaces 'than those required by these Protedive CoveuazJts, sac:h aovc:nuncatal
reqWremems shall control, but thI: minimum parldng n:quirements established by these Protec:tiw
Covenants shall aever be reduced except by prior written approval olthe Grantor.
. ,
. . /16~.
8. Loadins Dacia. AD loading dccb must be screened. in a mll"""'t" approved in
writing by the Gnmtor. The Gtamcr may approve in writing plans fbr loading docks which &aut
OIl a street.. prpvided such loading dotIcs.are at least sixty (60) teet. fi'om the fi'oDt propertY line ami
=eencc1 izl a mazmer acceptable to the Gramor.
9. i . Screenine (a) No articles, goods, materials. :iD~Dr1i, storage taDk:s. re!bsc
-ccntairzers, or'like equipment shaD be permitted in the open or e!cposed to public view, or view
fimn the ground floor or adjaecnt buildings. If it shall bceome DeCeSSaty to store or keep such
mMMJlle or cquipmcut outside of the buiIdin& they must be sc:reencd &om view by a sc:re=l ofa
l1eiabt at least equaf to that oftbc ,""'-'"I,, or eqaipmcat being stored. but DOt less thm eipt .@)
feet ill height. Adequate saeeaiDg mUst alSo be provided to shield &uch stcRd materials aDd
equipmG1t from view ii'om. the grouad floor level of all adjacent bm',r,.,p.- An storaae sball be
Jimit.ed to the rear twO-thirds or a BuiIdmg Site aM under no cirl::;l1mctmces sbaIl my materials or
equipment be stOred betweaJ 1he Property lines of a. Building S'Jt.e aDd the applicable bui7dt~
setback ftcm my street. Water towc:s, $torage taDb. proccssins cquiprDeDt, stand 5ms, skyJigb!s.
cooling tOwelS, commuDication towa3, vents, Rlof top mecbanica1 equipmem, parapet waIls and
my other structUreS and cqaipmem qn a BuiIdiog Site or on the improvem.ems thereon mas&: be
arcbitecturally compatible (as determined by the Grzator) or cfrective1y shielded from 'View by sa.
ard:Iitc;c:maIly sound mcth~ app~ in writias.by the Grantor_ All utility aud service system
. compo~ and trash .Pick-1ip stations must be iategrated with the building they ~ or must be
sc::reened by a fence or wan of compatible matcziaIs appmvcd in Ylritias by the Gnmtor and must.
not be visible abovo sw:h sc:reeuiag. Ground or pad moumed eqll~em. such as power
traasfbrme:rs and air conditioaing equipment, sbaJ1 be sc:eened &om view by feacias or .
t.""~ping; all ofwbidl must be appro\'Cd in writins by the ~r_ No boats, bose or similar
hauliag trailc:a. campers, holsc ~ buses, iaopcativc vehicles of any kind, tmmDUDtec:i camper
bodies. boat rigging, or other vchid.cs or assodated equipment ot a recreationaJ or ccmunercial
DatIIr'e shan. be parked or stored for arty period of time CD., any Building S"rte wdess properly
scre=cd from' public view in a awmer approved in writing by' the Gtamcr. All retail sales
eqrJipTn~ fixtures and mc:rcbaadisc shall be dbplayed only in the interior of a building. UDless
~thcrwisc approved in Wliting by the GtamCr.
,
&cc
(b) Wttbcut HmmnS the pnera1ity ofthc fbregomg provisioas. all tmck cauns which
,. will be screened with appropriate berms and IaDdscap~ ~
?~~, 17o~ I~R. ~H Il.{b vODUA~ J
10. UtiBties. No outside pipe, cocduit, c;ablc, anteam, at Une fbr water. gas. sewage,
c1raiaaae. steam, or Wlitics or my ~ sbaIl be iasta11cd or ",";"~ed above t&e sarJac:e of 1ha
arcunc1 within atrJ Building Site, tmIcss otbe:rwise approved in ~l~~ by the GraDtor. Elec:mctr
or any other c:ucrgy or se:rY!cc may be iDstaIIcd abow grcund only with the prior ~ approYBl
of the Gtamor.
'.
Pue S of9 ~
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FRa1 : Harthrup Rssaciate~c
PHJHE HIl. : 713 463 5B39 e
Feb. B9 1999 1B:5SRM P14
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\1. t;xterior mumination. Exterior illumination. iF such is to be provided. shall be
designed to tight aaIy buildings, parldng areas and walkways and shall not produce glare CD
adjac:cm StrCdS or laDd. All ground level floocDightins fixtures shall be depressed or .screened 1i'cm
public \'iCON in a manner approved in writing by the Grantor. Parking area lighting. arcade lighting
ami all other m.,mm:mou sbal1 be subjec:t to the written approWl otthe Grantor.
. 12. ~ Prior to erecting any sign. d~ed drawinp and specifications for sach
proposed siga. indadiDg, Without limitation. site imotmatiOEl signs, shall be' submitted to the
Graator for its prior writteIl approvaL The dcsiF and material of tNet:1 sign OD the Property PDJSt
be approved in writing by the Gramer. Unless otherwise approved in writing by the Grantor. aD !JNrrcOlnI-':
- sigas must be attached to a ;,uiIding, paraDel to and contiguous with its wan. ami n;mst not project ., '
above its roof line. No mo6ue or portable sign and DO sign with flashing IiPts or mcmng
cbara.cters, or dcsiped to imitate JJ10viDg lights or tlasbing c:baracten, sha11 be permitted. No sip
may bo paimed 011 buildings or cnher strudures unless otherwise approved in writing by the
Grantor. .No sip (od1et than ttai!ie control sigas aDd mfo~0'181 sip erected by or with ~
p-;~Il 6f,the Grantor) may be erected iu. my street right-of-way' or ather easanG Wrth the
prior writt= GQDJeDI of the GnDtor, temporaty signs may be erected in the setback areas of a
BuiIdiug Site mr tJJe sole pmpose of advertisins the teasing of the Building Site or businesses to be
conducted therecm, or the sale therco( and such signs may be larger and of a different c:barad.er
than pcmane.m sIgas. All temporary signs must be remaved when the principal building Oil .
applicable B'ft',r,.. Site is substantially leased or sold. It; at any timl; the purchaser. owaer. user or
lessee of any BuiIdiDg Site shaD be ia vioIado11 of this Section 1~ the Grantor. without being
deemed to be Pt1-ofa trespass and without bems otherwise liable to such pun:haser, owner. user,
lessee, or any other pmson. may enter upon the Building Site or any part thereof ami ~ remove .
any sign DOt comp1yini with this S<<tion 12 or DOt previoUsly apProved as herein required. Por
purposes of thiS' $eCion 12. _sigasll shatllncIude. without. rnnib~Oll, 1lags. flagpoles, "~Ip.
canopies and p,scns. . All costs incamcl by the Gmttor in n:moviag signs which do ~ comply
with this Section 1~ togeth~ with interest thereon from the date the costs are incurred until repaid
at the maximum DDDUsarioas rate of'iaterc: aUowed by applicable law, shall be due and payable by
the owner of the applicable Building Site upon demand.. The repaymmIt of suc:h sums sbaU be
secuied by the mechanic's lien created by Section 1 S below as if' such costs were inamed in
perIorming maintenanr:c OA sucp Building SIte. All approvals by Grantor required by this Section
n shall not be umca.5anably withheld, conditioned or dc1a.yed. ,
_ 13. T~ Structures. No tempDralY buiIdiag or stmctme other than construdiOI1
.r ofIices a.nd structares n!latcd to amstrudioll shall be iDstaIIed or maiataincd 011 my BaiJdiag sit&.
All tem.pcruy structures used for coamuc::ioll purposes must receive prior appraftl fRm1 the
Gramer with rcgant to Icc:mon aad appeu:mcc. and must be removed pRmJptly upon subSWldal
completion ot CODStructioa. oEthe buiId1DS or Improvemeut to which they rda.te.
14. F-lIsements. No structtlre shall be erEaI:d Oil any eaSCZlCt within the Property. aad
no improVCD=t may be placed within such easemcms, without the pCOl" writteD llopraval or the
Gz-.at.or aud the balder olsuch casement rights. Eascm~ may be crossed by ~ paddDs
areas. ~ aDd walkways upcm rcc=ipt or the prior wrltteD approval afthe holder or su~
, -."....
FRCI'I : Hc:rrthMAP Assaciates e
PIOE NO. : 713 46J 5839 e Feb. B9 1999 ut:S6API P15
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easement rights and provided appropriate measures are taken to protect the pipes, lines and
iustaJbttons within such easemc::nts,
IS. Maintmance.. The owner or occupant or my Building Site shaD keep the BuiIdiug
S"ne, pr~;ces, bln'~. improveznems. appunenanc:s. sidcwa1b, berms ancl1aadscaping therccn,
ill a. we11_nunrm.in-d" mpaiied, safe. clean aDd attractive candition at aD tUnes. If; in the reascmabla
opiDlon Qfthe Cruzor. my such owner or occupaut is &iIiDs in such obJipdoa, the G.utw- shall
,pe such ownCr or occ;upam, or both, notice of such fact and such owner mdJor occupaat must.
within seven 0) days.after such notice. undezta}as Rlpair aud m,.;nt~!lftto.e required to restore said
OWller'S or oca.apaDts property to a safe. clean and attractive eonditioa. Should any such 0WDCr' f# .
occupant fail to 1bIfiIl tbis duty and respoasibillty after such notice. then the Grantor shall have the
-right and power to enter upon such Building 5'n~ through its agems, without liability to such owacr
or ocx:upant (or at:I'J occ:upant, tenant, invites. c;dstomer. or lic=see or such owner or 0CCl1pa1tt) fOr ;
trespass or otherwise, ad, to perform such repair and ",.;n+awwu:e. and the owner or occupam (or
both ofthcm) olrhc Building Site em which such work is penormecl s&aJl be pcISOnaDy Jiahle mr
the cost of such ~ ad s&aJ1 upon demand n:imburse the Granter tOr the cost then:o! It such
owner or occ:upaut shaJl fiii1 to so nimbune tho Grantor within. ted (10) days'uw deom-d. suCh
COSC shall be a debt of such 0WDCt or occupaat (ot aoth olthem), payable to the Gmator and sbaIl
also be secured by a Iit:D ~ptnct the buiIdiugs and improvemems on the appli-htl'! Building Site.
Such lien shall be subordiDate and inferior to any Ben granted to aD ~ third party by all
CMlet otthe Property fbr the purpose of sec:uriDg loans mr1he ~ or or improvements to dIG
Pmperty. The duty and responsibility imposed by tbi.s Section IS shall be aver and above my
~~An~ which may otherwise be pcformabIe pursuant to these P%otcctive Coveaams.. AIl
sums advanced by the Grantor pursuant to this SectiQn I S shaD bear interest at the mm'J1\llU
noDUSUrioU$ rate ofiDt== aDowed by applicable J.. .&om date ot advance until repaid.
. . ; ... .-
. 16. ~morcement. Enbcemc:at of these Protective cO~ shall be by pmceediags at
law or in equity apiDst illy p=on ot cmity viQlating or ~pdng to viaIate my cavemmt. either
to restxain or pnm=I& -=h vio1aticn or proposed vioIatiQa. by aD injum:don. either prohibitive or
IrUIndatoty. or to obtain my other relief' authofi7A;d by law. Sach ea.forcemeat may be by the oWDet
ofaDy interest ill :rIW!and as:cted hereby, the Gramor, or any one or.1Dpr8 ortbcm. The 1epJ fees
incwrcd by the Gmttar In the enforcement of these Protective Covemmts or aD'J other sam to be
paid pursuant to these Ptotective Covenants,shaD be paid by the pc:rsou. or entity apiDst whcm
eutbrcemeat is sought should tho Grantor prevaif in. such action..
17. VaBc:Btv. no invalidity or uaeaCon=abiJity of one or more of tbese Protccdve
'Covarauts or any part or parts of my Protective Coveuaa in my instmce or as appBed to any
particular m,1~nu. sbaIl ~ DO wtty aiFect or iDYaIidate the other Pratedive Caveamts Qr parts
thereof or the appJic::mon thereof to other ~!lWlCC3, but, to tho contrary, all Protective
Caveamts shaD remain in fW1 force and c6ect dmiDa the tam be:rciD s~ed and 8ZrJ exter-sion
thereof to the 1is11 extent aud to all cir~nrn~ whkh may be tesaJ1y ezdbn:cable.
18. :rsm. 11=e Pmtecdve c:cmmants shall biDd the Property fbr a tam. ofyr::ar: ending
laDDMy 1. : .' d:I::r wbi,* elate 1h=e p~ Ccm=mts shall be aulommca1Iy exteaded fOr
mc:emlve periods often (10) years each; provided. howcYc:r, at any time wit&ln said ~ tenD of
'.
'D..-.- ~ ",PQ lJs_
FROM : NarthNP Associates 1_
flI-OE NO. : 713 463 ,
Feb. l2I9 1999 10: 5'7Ftt P16
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these Protective Covenants, the same may be altered or amended, but not tenninated, by a written
declaration signed and acknowledged by the then owners of not less than 75% of the land described'
on Schedule ..1" to this Exhibit "_" (the "Benefitted Land"). During any extension term of
these Protective CovenantS, the same may be altered or amended by a written declaration signed
and acknowledged by the then owners of not less than 51% oftbe land area contained widUn the
Benefitted Land and recorded in the Real froperty Records of Harris County, Texas. Nothing in
this paragraph shall be construed as requiring the joinder of any mortgages or lessee of' my
prOperty in any decIaration or action to alter, amend or extend these Protective Covenants. These
Ptotec:tiye Covenants may be c;mceIcd at any time by a written a.greement figned and
acknowledged by the then owners of d the land area within the.Benefitted Lan~ which agreement
shalloe filed in the Real Property Records otHanis County, Texas.
,
f9. : Severability. Invalidation of my one of thcseiPrptective Covenants shaI! not afFect
any other oith=e Protective Covet"3~ which shall remain in fuU torce and cftect.
20. ~otices. AJ1y notice sent to any owner of a Building Site pursuant to these
Protcetive Covenants shaD. be deemed to have been properly sent when mailed, postpaid, to the,last
known address oithe person who appears on the records oCthe Grantor as owner oCthe applicable
Building Site at the date of sueh l1'~iting
21. Variances.. The Gran!or, its successors or assigns shall have the right OD behalf of
all land now or hereafter subject hereto to waive in writing minor variances of aD)' Protective
Covenant where the same is, in the judpent of the Grantor, its suec:cssor:s or assi8DS>> beneficial to
the Property, whether or not such variance or variances are in existence or are prospective.
22. Additions. The dantor may from time to:time. at the Grantors sole discretio~ add
or ann=c additional land to these Protective Coven~, Such addition .or annexation shall be
accomplished by the exccutioJ? by the Grantor and filing in the Real Property Records of Hams
County.. Texas of an instrument setting forth the land to be added or annexed and subjecting the
same to the Protective Cov""",,nt<<:
23. Non-Uniformity. These Protective Covenants may not be identical to the protective
cov~"nt~ which the Grantor may nOw or hereafter impose on the other Benefitted Land or on
other property owned by the Grantor alone or with others in tne yic:iuity of the Property. However,
such nommiformity sha11110t affect the validity and enforceability of these Protective Cov~nt, as
~o the Property, and 1luther, these Protective CoVP-nants sba1I not be extended by impUcation to any
. other land other than the Property.
. D ~ ad fM.e-iJ\ A~ tt:;,f; f'r\ t.Jrr
24. Conflict with Deeds of Convey:m~ If any part of these Protective. Cowua,,~ shaD
be in conflict with any ~ eonditi011 or restriction within a previously recorded deed of
couveyauce to 3rrJ POrtiOIl of the Property, the ~~~. conditions or restrictions Within such
prior dead of conveyance shaD sovern, but only to the cx:tcnt of such conflict. Whcro certain rights
are n:se:ved by the Grantor in these Protective CoVP-'1~~ the Grantor reserves the right to make
. certain modifications therein as necessary in deeds of conveyance, in which case the terms of the
deeds of conveyance shall prevaiL
Page 8 of9 Pages
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FROt : Har'thrup AssaclatlllWC
PIOlE NJ. : 713 46J 5a:39
e
Feb. S9 1999 lS:SBAH P17
r' .. ';' ~, f'j:! r;:;
. .
25. ~u--~on... Grantat may at any time transfer and assign its rights and duties UJ1der
these ProtediYe CO"Ieaants to anocbc:r entity or person ("Grantor's Successor") by recording m
the Harris County lleal Property Records a Mitten assignment to such effect. upon such transfer
ami assigmaeal, Gmntor's Successor sbaU bold. possess and cxcreise all of the rigbls, powe:s and
Outies bereiD resawd by Glamor. Additionally. Grantor sbaD baw the right at any tia:te to resisa
aad. release its chuies aad risbts UDder these Protective Ccm=mts by recotdiDs a wriueu
RSigaatiOll in the Hams County Real Property R.ecords and by maiIiDs a copy or such resipatiou
tD each owner of the Property at their most recent address according to the records of Gramor.
.
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FRCI"I : t-brthrup FlSSCCia~C
fIIoDE HD. : 713 463 5B39 e
Feb. 83 1999 83: B2PPI P22
Exhibit G
[IDrn~~li
DRAJT TRAme CONTROL PLAN
TEXAS IMPORT-EXPORT PARK
A. Apprafmste 192-ure Milled 17s. Developmeat
La Pone, Tau
A COIIIIIlen:iaI mixed use project ia to be constracCed within a PUn zrmins district in the CIty of
La Porte. Teas. This project 1cnown 81 reG 11lplrl-/bqHJtr Ptri (Project) COIIIbiDa II a
planned COIIImUIUty. a 1bJ1 rugc otU8CS fiom f1'111ttnamily to rail- sawd iDdusIriaL Pursuaut to
the adoptiOll eta Spedal CoadItIonaJ Use Pennit (SCUP) by the City. this cILv-t.~ is to proyidc
8~m....... II to the comrol ofiDlema1 and extemaI automobile aad truck traftJc genented by tile
Project. WbiIe the General Plan for the Project generally desirates the .,.;oua ~ by
ordinance each iDdMdual building or developmad site wiD nlquira further Site PIaD ~c:w. That
nMew pracess wiD, tbenlfbre. iaclude lID expausion of the TrafBc CoDtroI Plan to ac:Idreas site
spec:iiic issues partic:uIar to that use or plan 1$ an add~dum to this d.oc:umcDt.
The goal otthe TJ8ftIc Coutrol Plan is to iDsure the efficient flow ottn.f6c to 8Dd &om and witbin
tile Project in a D1IIUlIll" that will mini,""" additional adverse impacta to the existiag thorougbfin
system ofthc area. It i. intended that the guidance established bcn:in shaD be ~ by die
Project Propc:ny Owners ..A,~--ion (Association) with oversight by the City. 'Ibis gJ.;m.ftfO.e is
to be usaI ill the preparation of deveJopmeot site pIaDI as weD.. the DupJemeatatioa of
openUonaJ parameters for intemaJ control of all'vehicular tra6ic by the Owner-Developer aad
assi~ iadudiDs project mIltlgers. tenants, and subsequeDt iDdividual site OWDel'S or bn.messea..
The site is served by a contro~ed ac:c:ess prineiple arterial. State Highway 146. with a planned
iarerchagc at Wharton Wc:c:ms Boulevard, a planned 4-1aue ~Dec:tcr street, b;~ tbe Project
and turning DO Powell Road as a paraDeJ Acility to S,R 146. Due to the reJatM:Jy limited
service area oftheWharton Weems-Powell coDDedicm, it will more 1han adequately ~nunodatc
amicipated traffic pnerated by such a Project.
'I'he.rcfbrc, ,.......8"'"'St teoaats. and business owner..opentt0r3 are to provide roudoa inscrw:tloas
fbt all tratBa servins sites within the Project This sba11 iadude employees. compan;y 1ruc:b and
wmc.lea, customcq, earriers, vendors or regular contradors making rcpctitm= ddivaics.
TRAmC CONTROL GUlDELJNI:S
The fOllowing initial guidelines address the essential initial issues of traffic comroI relative rc me
Project and may be amended as more detailed plllDDiDg aucI site speeifie issues develop.
lof2
FRat : Northrup Assaciate.
PHH: HD. : 713 46J 5B39 e Feb. B:3 1999 B:3:B:3ftI P23
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AD Prvject paented nflic slid be directed to Ia&rea and .... tM site at the
s.a. 146-WIIanoa Wet:IIII Blvd. ........a. J!:very ell'ort Is 10 be made to
cIisco...... GI' preveDt 1I'amc to or froaa lPmmDllt Parkway. IatenaaI bfDc .. to
also be dJrecred to die s.B. 146-Weeml ia~.., apedaJJJ 1I'ack b'aftie..
Site plan desi8D where practicab~ shall utiJize COIDlllOD driwwaya and Q'OIII.-IICeeI8
--'Ul'!utJI (dtlves) betwem sita to fiK:ilitate quality and eiFecdve tm-.I trafIic ilow,
c:inulation witbia the Project.
D:= especiaIly to S. H. 146~ shall be mi:nimizaI to the extent pt8Cdcable met widda
-- tho :smiled withiii tile ~"CUP, Eac:b buiIdiDa Bite DIUIt be allowed . taut one
driwway itrequested. but sharing of driveways should be eac:ourapd 18 a policy.
I.ocaDoa ot driwnwys opposite each other aIonS Wharton Weems Blvd. sbculd be
eDC:Cumged. pank:uIarty where esplanade openiDp mlsht exfsL
Driw:ways a10na PoweD Road shall be designed aad sisncd acc;onfinaJy to iIc:iBtate die
!low af'truck trafBc r.oward tile S.H. 146 iDtenecdon. A driveway dc:sign that would
pree.~ truck traffic to the north toward Fairmom Parkway is to be fII:IM.~ except tbr
those desdned to BLc:iJities that may exist south ofFairmoDt Parlcway,
Esplanades. esptamde opeuings, iaduding left turn Janes. and. driveway CUJb retums shaD
be clesiped to safely accommodate truck traftic with minimum impads on otber' zoadway
traffic. Where poaIble and pradicabJe CODSideration shaD be given to the: separation of
.automobile and truck Ol&bGl~driveways aDd ~
AU aspects of traffic design discussed herein, inducfmg but not limited to geometric desiga, tra1Bc
sips, aad sraadards sbaD conform to the appficable provisions otthe City Code oCo.m-nces.
the TedS Mallual on Unibm Traffic Control Devices, and recolDlDClJda!ions and slandards of
the traffk: mdustry (AASHTO).
Jndoded 1br intbrJnaUon purposes only are examples oftraflic coatmJ devices and desigas that
illustrate potendaJ soIutioas to various conditions discussed above. A thoroush ~~
IIIIlysis of tile Project will include more detailed scw:Iy ofthcse traffic issues an<l wiD be
iacolpot3ted imo this document.
2of2
FRI:J'I : Harthrup AssaciateWc
PIOE Nl. : 713 4i:3 5B39 e
Feb. B3 1999 B3:4SA1 P2
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TO IlAHUmR 1N'(a DR OUT OF allnWl-
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LEIIGTH DF I"dlU OF' . APRON SPACE
TRACTOR- REQUIRED
TRAILER IN FEET IN FEET
III FEET
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LOADIHIi DOCX D1JIElIS1ONS
FlCUR!: 7-8
7..15
FRCI't : Harthn.lp Aseactateec
PIOE Nl. : 713 463 SB39 _
Feb. B3 1999 B3:49AI P3
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Destgn of Service Vehicle Facilities
Rear loading/unloading is muth more efficient and convenient than side
rn ill ~.W 'if
loading. The t~uck circulation pattern and loading dock position should be
designed far a left side back-in mneuver (see Figure 7-6). 1his allows
the driv.er to sight a1'on9 t.he left side of the vehi.cle wen backing. The
. . .
apron space ~$ee Figure 7-7) should be adequate to allow the truck. to back
.'
in and pull in one maneuver. When sem1-tractor-tra11er combinations ~y be
expected the VB-50 vahi(: 18 (50 ft. eighteen "'heeler) should be used far
design. D1mens1on~ for 900 facilities are given in FigUre 7-8.
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FRIJI'1 : ~thrup Associates.
fItOE NJ. : 713 46J 5B39 e
Feb. 83 1999 83: 49Ft! P4
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LOI.OIM6 ODa CONFIGURATJONS
. FIGURE .7-7 1
7-14
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FRCI1 : Northrup Assactate.c
PKlHE Nl. : 713 46J 5B39 e
, Feb. 83 1999 83: 49='P'I PS
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SOURCE: Ref. (1). AASHTO. A Pol icy on the 6eolletr;c: DesIgn af H1ghways ind
Streets
SIGKf TRIAICGLE AID MINlMU11 STOPPIIai SIGJI1' DISTANCES FOR NO COIOROL
FIGURE 5-3
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5-14'
FRIJI"I : Hort:hrup Assaciayc
PtOE HJ.
713 463 5B39 e
Feb. B3 1999 B3:SBPPI P6
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SOURCE: ~ef. (1). AASKTO
SPIRAL TRAlSITIOIC CURVE FOR lURNIIG ROADWAY
FIGURE 5-12
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SOURCE..: Ref. (l), AASHTU. A Po 11 cy on tlte Geomet r1 c Des 1 gn of Hi ghways
and Streets
DESIGNS fOR lUHIIING ROADWAYS AT IlINETY DEGREE lllTElSECTION
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FRIJIlI : Northrup Assaciate_c
PIOE 1<<1. : 713 4fi3 SB39 e
Feb. B3 1999 B3:5BP!'I Pi'
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Ref. (1). AASHTo. A Policy on the Geometric Desi'gn of .Highways
and Streets
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Fl&URE s:.ll
5-27
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EXHIBIT H
Page CHI0f8 of 18
Se;lI:ember 1996
CITY OF HOUSTON. Design M&IIWIl
CHAPTER 10 . Streec Pavml! Desism Reauiremem.s
.
GEOMETRIC DESIGN GUIDELINES
. '. . .
FOR SUBDIVISION STREETS
HARRIS COUNTY
CITY OF HOUSTON
.'.
THE GUI.DELINES IN THIS DOCUMENT ARE H,EREBY APPRO~ED
AS BASIC REQUIREMENTS 'FOR FU.TURE STREET PLANNING
AND DEVELOPMENT. JUL V, ,1993
OIRECTOR
UNTY E.~GINE~
CUNTY ENGiNEE.,:UNG OE?ARTMEHT
E?ARTMEHT OF P\J8UC WO
ENG1NEa\ING. OTY OF HOUSTON
Db ~ClTYENGINEER ~_ ~~~~~~\~ .llIRECTOA
CITY OF HOUST N OEPARTMENT OF PUHNIN<S Ii OEVaOPMENT
OTY OF HOUSTON \
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CITY.OF,HOUSTON
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DESIGN MANUAL
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CHAPTER 10
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Street Paving Design Requirements
SEPrEMBER 1996
e
CITY OF HOUSTON - Design Manual
CHAPTER 10 - Street Paving Design Requirements
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. CHAPTER 10
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. Street Paving Desi~ Requirements
PART 1 GENERAL
1.01 CHAPTER 10 INCLUDES
i
Geometric design guidelines for streets, criteria for street paving, and standard paving
notes for' drawing call outs.
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1.02 REFERENCES
A. AASlITO - American Association of State Highway and Transportation Officials
B. ASTM"- American Society for Testing and Materials
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1.03 DEm:IT110NS
A. GeotechIiical ~gineer - ~ engineer certified by the American Association for
Laboratory Accreditation (.A2LA).
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B. HMAC - Hot Mix Asphaltic Concrete
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C. Curb and gutter sections - Full width concrete pavement with doweled on 6-inch
curbs or monolithic curb and gutter SectiODS {.or asphaltic concrete pavement.
cW-b and gu~r sectioDS require inlets and l1?derground storm. sewers.
D. Roadside ditch sectioDS - Ditch sectioDS adjacent to either full width reinforced
concrete pavement or asphaltic cQncrete pavement. Roadside ditch sections do
not require underground storm sewers; however, the ditch SectiODs must be
designed to accommodate the storm runoff.
1.04 DESIGN REQUIREMENTS
The fOlloWing design requirementS are applicable to all pavements within City of
Houston street rights-of-way:
A. Width Requirements for Roadways - Refer to "Divided Roadway Cross Sections
- Urban", and "Undivided Roadway CroSs Sections - Urban", of the "Geometric
Desig:Ii"Gui~e1ines for Subdivision Streets" of this ~p"ter. "
e
e
Page CHI0n of 18
September 1996
CITY OF HOUSTON - Design Manual
CHAPTER 10 - Sa-eet Paving Design Requiremems
B. Minimum Thickness and Reinforcement Requirements for Concrete Pavement:
The following requirements are the minimum allowable. Pavement thickness and
reinforcement shall be designed by a' Professional Engineer based on a current
soils analysis, roadway use, traffic loadings, and life span of the proposed
pavement,
1. For pavement widths less than or equal to 27 feet face-ta-face (PIP) of curb:
. a. Minimum concrete slab' thickness shall be 6 Inches with fe' = 3,000 .
psi. and reinforcement with fy = 60,000 psi. Refer to standard
drawings for reinforcement details. Expansion joints shall be placed
at the end of each curb return and at a maximum spacing of 80 feet.
b. Minimum stabilized subgrade thickness ~hall be 6 inches.
2. For major thoroughfares:
a. Minimum concrete slab thickness shall be 8 inches with fe' = 3,000
psi. and reinforcement with f)' = 60,000 psi. Refer to standard'
drawings for reinforcement ,details. Expansion joints shall be placed at
the end of each curb return' and at a maximum spacing of 80 feet.
b. ~um stabilized subgrade thickness shall be 6 inch~s.
3. For all streets other than 1.04 B.1. and 1.04 B.2. given above (i.e., streets
greater than 27 feet FIF of curb and not major thoroughfares):
a. Minimum concrete slab thickness shall be 7 inches with fc:' = 3,000
psi. and reinforcement with f)' = 60,000 psi. Refer to standard
drawings for reinforcement details: Expansion joints shall be placed
at the end of each curb return and at a maximum spacing of 80 feet.
b. Minimum stabilized subgrade thicKness shall be 6 inches.
c. Minimum Thickness of Asphaltic Concrete Pavement: Minimum thickness of
HMAC surfacing and flexible ~ase shall be ,as shown on standard drawings.
D. Subgrade Treatment: Treatment of subgrade shall be determined by a
Geotechnical Engineer. The Geotechnical Engineer shall base depth of subgrade
stabilization on structural number (SN) in conjunction with flexible pavement
thickness design.
E. Requirements for Intersections, Turnouts, and Transitions:
1. At a "T" intersection with a street that has not been improved to its ultimate
width, concrete pavement should be stopped either at the right-of-way line
or the end of the curb return, whichever would require less concrete
removal at a future date.
2. For roadway turnouts placed at an existing cross street intersection, the
turnout should be designed to fit the ultimate pavement width of the
intersecting cross street and then transitioned to the existing roadway.
3. The usual transition length for meeting a roadside ditch street is 50 feet for
street widths less than or equal to 27 feet FIF of curb; 75 feet for 36 feet
FIF of curb; and 100 feet for 40 feet FIF of curb.
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CITY OF HOUSTON - Design Manual
CHAPTER 10 - Sa-eet Paving Design Requirements
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September 1996
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a. Transition sections for streets other than concrete shall consist of a
minimum thickness of 1-1/2 inches of Type "0" HMAC surfacing on
a flexible base. Flexible base shall be a minimum thickness of 6
inches of HMAC Base Course, 8 inches of crushed concrete, or 8
inches of cement stabilized shell. The subgrade shall be stabilized to
a minimum thickness of 6 inches. .
b. Transitions for concrete streets Shall co~ist of concrete and equal the
existing pavement thickness with a minimum thickness of 6 inches on
6 inches of stabilized sub grade. ,
4. When meeting existing concrete streets at right angles, the existing street
should be saw cut in a V shape extending from the curb returns to a point
where the centerline of the proposed pavement intersects the quarter point
of the existing concrete street to create a crowned intersection. In the event
this construction creates a situation in which the traffic on the existing ,
street, at design speed, will bottom out when crossing the proposed street
intersection, a special design will be allowed to eliminate this dangerous
condition.
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F. Requirements for Roadway Ditches
1. Ditch capacity shall be dc:signed to handle stormwater runoff in accordance
with Chapter 9, "Storm Dra~ge Design Requirements. "
2. Minimum ditch grades and maximum ditch side slopes shall conform to the
requirements of Chapter'9, "Storm Drainage Design Requirements."
3. Culverts shall be designed to' accommodate the ditch flow and shall be
constructed of reinforced concrete. Wall thickness shall be Wall B as given
in ASTM C 76. Refer to standard drawings for minimum culvert size.
G. Requirements for Roadways with Curb and Gutter Sections
1. Inlet spacing
a. City Funded Projects - Spacing shall be determined by Manning's
Formula using parameters (e.g., limits of pavement flooding allowed,
etc.) as. specified by the City Engineer. .
b. Non-City Funded Projects: The maximum allowable curb run to an
inlet shall be as provided in Chapter 9 - Storm Drainage Design
Requirements.
2. Minimum grade line shall be 0.25 percent.
3. Minimum grade line shall be 1 percent for radii of 35 feet or less around
intersection turnouts. Grades for larger radii shall be determined on an
individual basis.
4. Vertical curves shall be installed when algebraic difference in grades
exceed 1 percent. Elevations shall be shown at 10-foot intervals through
vertical curves. Maintain a minimum of 0.03-foot elevation change at 10-
foot intervals by altering the calculated elevations.
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September 1996
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CITY OF HOUSTON - Design Manual
CHAPTER 10 - Street Paving Design Requirements
5. Radii around cul-de-sacs shall be 42 feet for single family areas and 50 feet
for all others.
6. When a curb and gutter street intersects a drainage ditch, the gutter
elevation shall be above the designed water surface elevation of the ditch.
7. Minimum grade line around a cul-de-sac shall be 0.60 percent.
8. Major thoroughfares shall be superelevated in accordance with
recommendations of AASHTO.
9. Cross slopes for pavement shall be as shown on standard drawings. The
minimum cross slope for left-turn lanes and esplanade openings shall be
1/8-inch per foot.
10. Minimum grade line around the longest radius on a L- Type street shall be
0.40 percent.
11. When meeting an existing curb and gutter street, top of curb elevations
shall be designed to meet an elevation 6 inches above the existing gutter.
At existing inlets, top of curb elevations shall be designed to match existing
top of curb elevations. ;
12. When the curb grades are not established belo'Y the natural ground" fill
lines shall be shown on the drawings and shall be of sufficient height to
insure a minimum of 3/8-inch per foot transverse slope toward the curb
from the property line betwe~n a point 2 feet outside the right-of-way line
and the top of curb. If this type fIll is ,required and the pavement is
adjacent to a nonparticipa~g property owner, fill easements shall be
obtained, filed, and a c9PY of the easements shall accompany the final
drawings. Construction of this nature will require back-slope drainage
design to prevent trapping storm runoff.
13. The ,maximum desirable tangent grade to vertical curves at railroad
crossings is 8 percent for local streets and 3.5 percent for major thorough-
fares.
14. All top of curb grades for the outside lanes shall be labeled except at
railroad crossings where gutter grades shall be labeled. Centerline grades
are acceptable for streets with roaclside ditch sections.
15. Roadway grades at railroad crossings shaII be 0 percent from the centerline
of the track to 10 feet either side of the track's centerline, and should not
cause a drop of more than 6-inches from the top of rail elevation at a
distance of 30 feet either side of the track's centerline.
16. For concrete roadways, the roadway shall terminate at a railroad header,
6 feet from the centerline of the track and the roadway cross slope shall be
zero from the railroad header to four feet before the railroad header.e
H. Requirements for Inlets with Curb and Gutter Sections
1. City of Houston approved inlets shall be used on all curb and gutter
sections within the city limits and the ETJ of the City.
2. Attempt to keep the proposed inlets away from esplanade openings and out
of major thoroughfare intersections. For intersections between a major
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CITY OF HOUSTON - Design Manual
CHAPTER. 10 - Street Paving Design Requirements
Page CHIOIS of 18
September 1996
thoroughfare and a minor street, locate the inlets at the end of return (EIR)
of the side street.
3. Inlets shall be placed at the end of pavement in order to eliminate drainage
from the pavement gutter into a roadside ditch. .
4. When curb and gutter streets connect to roadside ditch streets, place inlets
at end of curb and gutter streets with reinforced concrete pipe stubs with
ring grates to collect the ditch stormwater. See. City of Houston Standard
Drawing "Side Street Ditch Reception."
5. Use only standard City of Houston cast iron grates for curb inlets.
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I. Requirements for Curbs, Sidewalks, and Driveways
1. Standard curb height is 6 inches.
2. At railroad track approaches, decrease curbs from 6 inches to 0 inches in
2 feet.
3. Reinforced concrete sidewalks and driveways shall be in accordance with
City 'of Houston standard drawings.
4. Reinforced concrete sidewaIks in esplanad~: Reinforced con~rete
sidewalks, 6 mches thick, shall be constructed in all esp1alJades when curbs
are 10 feet FIF of curb and less in width with a minimum length of 6 feet
measured from the face C?f curb of the esplanade nose. Reinforced concrete'
sidewalks in esplanades shall be colored black for concrete roadways anc1-
uncolored for asphaltic co~crete roadways,
J. Requirements for Thoroughfar~
1. When the full section of a thoroughfare is located within the City limits
and is dedicated on a fmal plat, the esplanade and all lanes of the
thoroughfare shall be constructed at the time of initial constructi<?n o~
the roadway. ~
2. If approved by the City Engineer, lanes contained within a plat, left-
turn lanes and the esplanade to the center line of the right-of-way shall
be constructed at the time of initial construction of the rQadway when
oilly one, side of a thoroughfare is located on a final plat. . The
remaining lanes, left-turn lanes and esplanade shall be constructed at
the time the final plat CODtaining the opposite side of a half constructed
thoroughfare is approved.
3. Permanent barricades, conforming to the requirements of the Texas
Manual of Uniform Traffic Control Devices, shall be constructed at the
termination of lanes on partially constructed thoroughfares. The
barricades shall contain a sign reading "FUTURE ROADWAY
EXTENSION~.
k. Requirements for Miscellaneous Items
1. The type and depth of subgrade treatment shall be as .determined by the
Geotechnical Engineer.
2. For all proposed driveways, call out centerline stations, widths, and radii.
Page CHI0/6 of 18
September 1996
-
-,
CITY OF HOUSTON - D~ign Manual
CHAPTER 10 - Street Paving Design Requirements
3. Private streets should be treated as if they were driveways. See standard
drawings for construction details for private street intersections and for
driveways.
4. Paving headers shall be placed at the end of all concrete pavements.
5. All concrete to be removed shall be removed either to an existing joint or
. a sawed joint. The groove c:>f the sawed joint shall be cut to a minimum
depth of 2 inches' along the line designated by the Professional Engineer.
6. Determine minimum vertical curve lengths based on AASHTO design
criteria using a minimum design speed of 45 miles per hour for
thoroughfares and collector streets and 35 mph for residential streets. '
7. Standard City of Houston barrica~ shall be placed at the end of all dead-
end streets not terminating in a cul-de-sac.
8. If discharging stormwater into a HCFCD ditch, HCFCD approval must be
obtained before City approval.
9 ~ A letter of agreemen~ between the City and the pipeline company approving ,
the construction plan crossing is required when paving is placed over a '
transmission pipeline. 0
10. When meeting existing concrete pavement, horizontal dowels shall be used
if no exposed reinforcing steel exists. Horizontal dowels shall be Grade
60, # 6 bars, 24 inches long, drilled and embedded 8 inches into the center'
of the existing slab with "PO ROC" or approved equal. Dowels shall be 0
24 inches center to c:enter, unless otherwise specified. : ;
11. When concrete is .removed for connection with proposed concrete.
paveme~ the pavement shall be saw cut and existing concrete removed to
expose a m;nirnum of 15 inches of reinforcing steel. If no reinforcing steel
exists, use horizontal dowels per Paragraph K.I0 above.
12. Adjust existing manhole frames and covers within the . limits of the
proposed pavement to meet the proposed top of slab elevation. .
13. Adjust existing manhole frames and covers outside the limits of the
pavement to conform to the fmal grading plan.
1.05 QUALITY ASSURANCE
A. All construction drawings and specifications shall be prepared by or under the
supervision of a Professional Engineer, and all documents shall be sealed,
dated, and signed by the ~esponsi?le Professional Engineer.
B. All geotechnical work shall be performed by or under the supervision of a
Professional Engineer. All repoI1S and documents shall be sealed, dated, and
signed by the responsible Professional Engineer.
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CITY OF HOUSTON - Design Manual
CHAPTER. .10 - Street Paving Design Requirements
Page CHI0n of 18
September 1996
PART 2 EXECUTION
2.01 DESIGN ANALYSIS
A. . Pavement thickness, and reinforcement sball be designed by a Professional
Engineer based on a current soils analysis, roadway use, tr!lffic loadings, and
life span of the proposed pavement.
B. The number. and location of storm sewer inlets shall be designed to
accommodate stormwater runoff. A graphical plot and calculations of the
hydraulic gradient sball be furnished by the design engineer. The hydraulic
gradient shall be in accordance with Chapter 9. "Storm Drainage Design
Requirements. ".
C. Roadside ditch drainage and culverts sball be designed in accordance with
Chapter 9. "Storm Drainage Qesign Requirements."
2.02 DRAWINGS
"
A. CODStruction drawings sball be prepared in compliance with Chapter 3,
"Graphic ;Requirements."
2.03 GEOMETRIC DESIGN GUIDELINES FOR SUBDMSION STREETS, HARRIS
COUNTY AND CITY OF HOUSTON,
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CITY OF HOUSTON - Design Manual Page CHIO/9 of 18 <,
CHAPTER 10. Street Paving Design Requirements September 1996 . ~~:?:
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THE GUIDELINES PRESENTED IN THIS DOCUMENT INCLUDE ' ,:;:~W~:
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THE. MOST OFTEN REQUESTED INFORMATION REGARDING ..~~~~~.:
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GEOMETRIC DESIGN OF SUBDIVISION STREETS.- DESIGNATED :};Y;.,;
MAJOR THOROUGHFARES1, EXPRESS STREETS" WITHIr\(,:.::.~:ts~.
SUBDIVISIONS, AND EXISTING ACCESS STREETS, SHALL BE .'1/,~'
CONSIDERED FOR SPECIAL DESIGN FEATURES AND MAY".:,
REQUIRE HIGHER DESIGN CRITERIA THAN SHOWN HEREIN. ALSO <.
DESIGN FEATURES NOT SHOWN IN THESE GUIDELINES SHOULD '::
BE CONSIDERED SPECIAL DESIGN FEATURES. , .
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IT IS ADVISABLE TO CONSULT WITH THE APPROPRIATE
AGENCIES AND REVIEYy THE MOST RECENT EDITION OF THE
FOLLOWING PUBLIC"; TIONS TO DETERMINE' ADEQUA T.E '.
THOROUGHFARE REQUIREMENTS AND SPECIAL ,.pESIGN;..
FEATURES. _
· RECOMMENDED GUIDELINES FOR: SUBDIVISION
STREETS, INSTITUTE OF TRANSPORTATION ENGINEERS.
· GUIDELINES FOR URBAN' MAJOR STREETS DESIGN,
INSTITUTE OF TRANSPORTATION ENGINEERS.
· A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND. .
STREETS, AMERICAN' ASSOCIA TJON OF STATE
HIGHWAY AND TRANSPORTATION OFFICIALS.
· TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL
DEVICES (TMUTCD), TeXAS DEPARTMENT OF
TRANSPORTATION.
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AGENCY ABBREVIATION: .
HCEO. HARRIS COUNTY ENGINEERING OEPARTMENT.
oorr . CITY OF HOUSTON. TRAFAC AND SIGNAL ENGINe:nING SECTION.
OPW . CITY OF HOUSTON. OEPARTMENT OF PUBUC WORKS
AND ENGINEERING.
OPO . CITY OF HOUSTON OEPARTMENT OF PlANNING ANO OEVaOp~E.~.
I OESIGNA TED ROADWAY APPEARING ON THE MAJOR THO'ROUGHFARE AND FRECWA Y PlAN. HOUSTON
CITY PlANNING COMMISSION. ANO HOUSTON EXPReSS STREET PlAN. TRAFFIC AND SIGNAL
eNGINEERING secnoN.
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CITY OF HOUSTON - .gn Manual
CHAPTER 10 - Street Paving Design Requirements
.
Page CHIO/I7 of 18
September 1996
2.04 STANDARD PAVING NOTES FOR DRAWING CAll OUTS
A. The following notes or phrases are specific to paving improvements and may be
included in all sets of construction drawings containing paving improvements.
The pIan and profile sheets may reference the notes or phrases in the plan view
by note number as listed below: ,
1. Proposed concrete pipe stub with ring grate as shown on Standard Drawing
- "Storm Sewer-Ring Grate for Open End of 18" to 72" RCP Stubs to
Ditch", at a minimum of 0.5 feet below the existing ditch flow line.
Realign ditch as directed by the Engineer.
2. Proposed flexible base with 1 1/2-inch Hot Mix Asphaltic Concrete
surfacing. Flexible base shall be 6-inches of Hot Mix Asphaltic Concrete
base course, 8-inches of crushed concrete, or 8-inches of cement stabilized
shell.
3. Proposed sawed joint and expose IS-inches of reinforcing steel. If no
reinforcing steel exists, use horizontal dowels per Note No. 11.
4. Proposed esplanade curb.
S. Proposed standard monolithic curb and gutter.
6. Dowel on 6-inch curb after asphaltic surfacing is in place, Qr into existing
concrete pavement as applicable.
7. Rack over exi~ting manhole to miss proposed curb, if conflict exists.
Maximum rack- of I-inch per course of brick.
8. Remove and replace sidewalk as directed by,the Engineer.
9. Proposed I-inch board expansion or premolded non-extruding joint between
walk and curb.
10. Remove a sufficient length of concrete pipe, as determined by the Engineer,
anq connect t9 proposed inlet with reinforced concrete pipe of like
diameter. .
11. Horizontal dowels shall be No. 6 bars, 24-inches long, drilled and
embedded 8 inches into the center of the existing slab with "PO ROC" or
equal. Dowels shall be 24 inches, center to center, ~n1ess otherwise
specified.
12. The contractor shall notify the City of Houston, Traffic Signal Division, ten
working days in advance for relocation of existing traffic signal poles.
13. Adjust existing inlet to fit new grade and alignment.
14. Decrease curb exposure from 6-inches to 2-inches in 1 foot.
15. Decrease curb exposure from 6-inches to 2-inches in 4 feet.
16. Decrease curb exposure from 6-inches to O-inches in 2 feet.
17. Proposed reinforced concrete sidewalk shall be colored black for concrete
roadways and ~colored for asphaltic concrete roadways.
18. Riprap shall be placed on slopes and ditches as directed by the Engineer.
19. Convert existing inlet or manhole with inlet top to manhole.
20. Remove existing culvert.
21. Remove and replace pipe culvert as directed by the Engineer.
22. Existing structure to be removed.
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September 1996
.
<:rrY: I HOUSTON - DeSign Man~
CHAPTER. 10 - Street Paving Design Requu.c:mczits '
23. Break into ,barrel ofmoliolithic reinforced co~ete storm sewer. Cost to
be included in the unit price bid for storm sew~r or lead as applicable.
24. Proposed do~eled on 12-inch wide mountable curb.
,25. Shaded area deno~es approximate limits of proposed asphalt overlay.
26. Remoye existing inlet. Plug and abandon'lead. .
27. Remove' existing concrete pavement,. concrete base, and/or cement
'Stabilized shell base course with or without asphalt surfacing.
28. ,Proposed asphalt Qverlay.
29, Remove inlet and extend lead. '
30. Meet existing curb or curb and gutter for grade and alignment.
, 31. Proposed.wheelchair ramp, as shown on Standard Drawing - "Wheelchair
Ramp D~tails" .
32. Adjust existing manhole frame and cover to fit new grade.
33. Remove curb or curb and gutter as applicable.
34. Adjust existing water valve boxes to new paving grade. Replace all
missing or damaged valve boxes and covers.
35. Replace Type '~Bn inlet with Typ~ "BB"inlet or Type ",C-l n inlet.
36. Remove mountable curb. ..
37. Proposed pavement markings as shown on Standard Drawing "Standard
Pavement Marking" . .
38. Proposed white plastic marker as shown on Traffic and Transportation
Drawing "S$.dard Elongated Word and Arrow Syzhbol Design DetiiIs for
Pavement Markings n . , .
.39. Proposed plastic marker, as shown on Traffic and Transportation Drawing
n Standard for Left Turn Channelization. n
40. Proposed standard concrete'paving header.
END OF CHAPTER
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REouA FOR CITY COUNCn. AGENDA .M
Agenda Date Requested: March 15. 1999
Requested By: s. Gillet) ~.p.rtment: Public Works
_ Report _ Resolution XX Ordinance
Exhibits:
Ordinance No 99-2315
Report from City Attorney
SUMMARY & RECOMMENDATION
At the February 8, 1998 council meeting, an ordinance granting a pipeline permit to Seadrift Pipeline Corporation
for two (2) pipelines was approved, The proposed route crosses two parcels of property owned by the City of La
Porte (Public Works and Fire Training). The proposed route is in a current HL&P corridor, adjacent to the existing
railroad ROW, Seadrift Pipeline Corporation wishes to obtain a 20 foot wide easement from the City of La Porte
for this project,
Seadrift Pipeline Corporation proposes to pay $200 per rod, or $0,60 per square foot, for a total estimated
price of$3,200,OO. The company is in the process of obtaining metes and bounds description of the proposed
easement. Concurrent with this request, Seadrift is in the process of obtaining easements from other property
owners along the proposed route for the project. Because Seadrift is not a common carrier, it has no
condemnation powers and must negotiate for ROW, It is possible that they will be unsuccessful in obtaining
the necessary easements from other property owners, and be forced to locate the proposed project elsewhere,
The Proposed easement document is preliminary, The City of La Porte is in the process of negotiating
provisions in the easement document that incorporate planned, future improvements by the Harris County
Flood Control District in at least three locations, including the proposed Bay Area Blvd. extension from
Fairmont Parkway to Spencer Highway, It is requested that the City Council approve the transaction in
principal, through the passage of Ordinance No, 99-2315, with the City Manager authorized to negotiate the
final version of the easement document.
Action Required by Council: Approve Ordinance No. 99-2315 and authorize the City Manager to negotiate the
final easement document with Seadrift Pipeline Corporation,
Availability of Funds:
General Fund_ WaterlWastewater
_ Capital Improvement_ General Revenue Sharing
Other
Account Number: N/A Funds Available: YES NO
.
e
ORDZRANCE RO. 99-2315
AN ORDZRANCE APPROVZRG AND AUTHORZZZRG A RZGHT OF WAY GRANT FROM
THE CZTY OF LA PORTE TO SEADRZFT PZPELZRE CORPORATZOR; KAKZRG
~ZOUS FZNDZRGS AND PROVZSZORS RELATZRG TO THE SUBJECT; FINDING
COMPLIANCE WZTH THE OPER MEETZRGS LAW; AND PROVZDZRG AN EFFECTZVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The final form of the agreement shall be subject to
approval of the City Attorney and the City Manager.
The City
Manager is hereby authorized to execute such document and all
related documents on behalf of the City of La Porte.
The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents.
section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the city council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
.
e
ORDINANCE NO. 99-2315
PAGE 2
sectioD 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 15th day of March, 1999.
By:
CITY OF LA PORTE
~--
Mayor
ATTEST:
~fJUJtLO. (/LIJJJ/
Mar ha A. Gille t
City Secretary
K
City
e
e
ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W, FAIRMONT PARKWAY
P.O, BOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W, ASKINS
.JOHN D, ARMSTRONG
CHARLES R, HUBER, .JR.
SOARD CERTIf'IED - CIVIL TRIAL LAW
TEXAS BOARD OF' LEGAL SPECIALIZATION
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
March 9, 1999
Hon. Mayor & City Council
City of La Porte
City Hall
La Porte, Texas
Re: Seadrift Pipeline Corporation
Easement Right-of-Way Request
Gentlemen:
Seadrift Pipeline Corporation has requested a twenty foot (20')
right-of-way from the City of ,La Porte, running north and south
under the legs of the Houston Lighting & Power Company highlines,
on the Public Works Center property on 26th street. Seadrift is
obtaining an exact metes and bounds description of the 20' strip.
I am requesting that Council give approval in principle to this
transaction, at its meeting of March 15, 1999. The revisions to
the easement which we are working on, include making the easement
subject in all things to Ordinance 915, the pipeline ordinance;
retention of a railroad right-of-way spur privilege for the City,
if desired; exact language as to the depth of the pipes; and
approval from Harris County Flood Control District of all of the
crossings of its facilities by the line.
HL&P is requiring that the pipeline be installed by a boring
method, with no open ditching.
Finally, the City is going to ask for prov1s1ons in the easement as
to burial depth and drainage crossings in the area between Fairmont
Parkway and Spencer Highway, as part of the drainage system for the
extension of Bay Area Boulevard to be constructed between Fairmont
Parkway and Spencer Highway. Thus, the right-of-way grant document
attached is preliminary, and will be subject to change during the
negotiation process. However, since there is only one City Council
meeting scheduled in March, staff did want to ask Council for
approval in principle of this matter.
Seadrift proposes to pay the city $200.00 per rod, which equates to
$0.60 per square foot for this area, or a total price of
$13,540.00.
e
.KINS & ARMSTRONG. P. C, .
ATTORNEYS AT LAW
Hon. Mayor & City Council
March 9, 1999
Page 2
,
Mr. Larry Trcka of Seadrift Pipeline corporation will be present at
the meeting to answer any questions. Seadrift Pipeline Corporation
is a sUbsidiary of Union Carbide Corporation
i?2i~Y' ~~
Knox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosures
e e
ASKINS & ARMSTRONG, P. C.
ATTORNEYS AT LAW
702 W, FAIRMONT PARKWAY
P,O, BOX 121B
LA PORTE. TEXAS 77572-1218
trry] r-U-U__~2 m ~ 1
0' .. ___f..
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; :.
MAR - B iS99
...... ~"-.
KNOX W, ASKINS
JOHN ~ ARMSTRONG
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047.__
CHARLES R. HU8ER. JR,
BOARD CERTIP"ED .. CIVIL TRIAL LAW
TEXAS BOARO 0' LEGAL SPECIALIZATION
March 8, 1999
Mr. Larry Tr
Senior R' t-of-Way Agent
Seadr' Pipeline Corporation
P..O. ox 186
P Lavaca, TX 77979
Re: Seadrift Pipeline Corporation Easement Right-of-Way Request
City of La Porte
Dear Mr. Trcka:
In addition to the matters we have discussed for inclusion in the
proposed right-of-way grant, it is my understanding that you are
having the actual twenty foot (20') strip surveyed, and that this
description would be substituted for the description in the present
draft.
Also, I enclose herewi th a memo from Doug Kneupper, Planning
Director at the City, with attached map, which I think is self
explanatory. The agreement by Seadrift to lower its pipelines at
this point, as requested, should be enclosed in this right-of-way
grant, and this will necessitate a representative of Seadrift
signing the right-of-way grant to evidence its agreement to so
lower its pipelines at these points.
As we discussed, this matter will be on the city Council agenda of
Monday, March 15th, at 6:00 p.m., for consideration. Although I do
not expect that we will have the final right-of-way grant document
language and description complete at that point, we should be able
to present the matter to City Council for its consideration of the
matter in principle. /
/' /;
l?i~;;!~~
'-Knox W. rfl(i.~/
City Attorney
City of La Porte
KWA: sw
Enclosures
cc: Mr. Doug Kneupper, Planning Director .
~. John Joerns, Assistant City Manager
Mr. steve Gillett, Public Works Director
e
e
ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. SOX 121S
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
~OHN ~ ARMSTRONG
CHARLES R. HUSER. ~R.
BOARD CERTIP'IED . CIVIL TRIAL LAW
TEXAS BOARD 0" LEGAl. SPECIALIZATION
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
April 8, 1999
Ms. Martha A. Gillett
City Secretary
City of La Porte
City Hall
La Porte, Texas
Re: Seadrift Pipeline Corporation
Dear Martha:
I enclose herewith three duplicate original copies of a Right of
Way Grant to Seadrift Pipeline Corporation.
I have signed each copy. Please have Mr. Herrera sign each copy,
and please sign and attest as City Secretary. Please date each
copy the date that Mr. Herrera signs, and have his signature
notarized on each copy.
Attach one copy to the previously passed ordinance which approved
this Right of Way Grant, and return the other two together with the
enclosed letter, to me, and I will arrange to deliver to Seadrift,
in exchange for their draft to the City.
Y~~ry truly,
~-I
Knox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosures
e
e
SEADRIFT PIPELINE CORPORATION
P.O. BOX 186
PORT LAYACA, TEXAS 77979
SUBSIDIARY OF . CORPORATION
LARRYTRCKA
LAND & RIGHT-OF-WAY
PHONE: (361) 553-3173
FAX: (361) 553-3122
April 6, 1999
City of La Porte
c/o Knox Askins
604 W Fairmont Parkway
La Porte, Texas 77571
RE: Proposal for Pipeline Right-ot-Way
TCM-077.00 and MDT-036.20
Harris County, Texas
Dear Mr. Askins
Pursuant to our meetings on this matter, please find attached three originals of the
Right-of-Way Grant.
Please have three originals of the Right-of-Way Grant signed before a Notary Public and
contact me for delivery of payment. Two originals are tor our records and the third copy is for
your records.
Also attached Exhibit "AIt and Exhibit liB" to the Right-of-Way Grant.
If you have any questions, c.all me at (361) 553-3173. Please call collect.
Thank you for your cooperation in this matter.
Enclosures
o:\ROWDept\ROWGroup\LegaI\Strang RR Offer Xmittal - City of La Porte.doc
e e
RIW#: TCM-On.OO & MDT-36.20
Draft No.:
RIGHT OF WAY GRANT
STATE OF TEXAS ~
COUNTY OF HARRIS ~
KNOW ALL MEN BY THESE PRESENTS:
THAT the undersigned CITY OF LA PORTE, a municipal corporation of Harris County, Texas (hereinafter
called "Grantor"), whether one or more, for and in consideration of the sum of TEN DOLLARS ($ 10.00 ) in hand
paid and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does
hereby grant, bargain, sell, warrant and convey unto SEADRIFT PIPELINE CORPORATION, a Delaware
corporation, its successors and assigns (hereinafter called "Grantee"), a right of way of perpetual easement to, at
any time and from time to time, lay, construct, maintain, alter, inspect, operate, repair, relocate, change the size of,
remove and replace two (2) pipelines and appurtenances thereto, including fittings, corrosion control equipment,
marker signs, vent posts and other apparatus above the ground (hereinafter called "Pipeline"), for the transportation
of petroleum, petrOleum products and derivatives and any other liquids, gases, or substances which can be
transported through pipelines, Grantee to have the right to select, change or alter the route during or prior to
construction on, over, across a twenty foot (20') strip of land situated on lands owned by Grantor or in which Grantor
has an interest in Harris County, Texas, being more particularly described on Drawing No. SEAPL 114, attached
hereto as Exhibit "A" and more particularly described by metes and bounds on Exhibit "BIt attached hereto.
The right of way and easement herein granted shall have a permanent width of twenty feet (20'). In addition,
Grantee shall have the right to use such additional space as may be necessary for the construction, maintenance
and repair of the Pipeline along the route of same. Grantee agrees, at the time of construction, to bury said Pipeline
(except for fittings, corrosion control equipment, marker signs, vent posts and other apparatus) to a depth of at least
forty-eight (48) inches.
Grantor further grants and conveys unto Grantee the right of ingress and egress on, over, across and through
said twenty foot (20') strip of land for all purposes necessary or incidental to the exercise of the rights herein
granted.
Grantor reserves the right to use and enjoy said lands except as may be necessary for the purposes herein
granted, provided Grantor shall not construct or permit to be constructed any house, structure, reservoir or other
obstruction or excavation on, over or within said permanent right of way and easement and will not change the
grade over any Pipeline constructed hereunder; However Grantor specifically reserves the right for perpendicular
crossings of Grantee's Pipeline with pipelines, roads, streets, driveways, rail spurs, water lines, sewer lines and
other utilities or facilities.
The consideration recited above, shall constitute the full consideration for the right of way and easement herein
granted, and for normal construction damages. Grantee further agrees to pay for all damages to growing crops,
fences and timber on said land which may be caused in the future by the exercise of the rights granted hereunder,
provided that after the Pipeline has been constructed, Grantee shall not be liable for damages caused by keeping
the said right of way area clear of trees, undergrowth, brush and obstructions.
Any payment provided for hereunder may be made by check or draft to Grantor. If mailed, such payment shall
be considered made as of the date of mailing thereof to Grantor. No change in the ownership of the land affected
by this Grant shall affect payment hereunder until thirty (30) days after Grantee shall have received a copy of a
recorded instrument evidencing such change.
This Right of Way Grant shall be governed by, and subject to the terms and prpvisions of Chapter 18-A
"Pipeline Transportation" of The Code of Ordinances of The City of La Porte, Texas and City of La Porte Pipeline
Permit Ordinance No. 99-915-RR-A.
The terms and provisions hereof shall be binding upon and shall inure to the benefit of the heirs, personal
representatives, successors, and assigns of Grantor and Grantee, and Grantee is expressly granted the right to
assign this right of way and easement, or any part thereof or interest therein, and the same shall be divisible among
two or more parties as to any right or interest created hereunder.
This agreement may be executed in counterparts and shall be binding upon each party executing any
counterpart. Each such counterpart so executed shall have the same force and effect as an original instrument as if
all of the parties to the aggregate counterparts had signed in the same instrument. Signature pages and
acknowledgments from separate counterparts may be combined and attached to one counterpart for recording
purposes.
Page 1 of 2
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This agreement is the result of open and extended negotiations between the parties hereto, each party having
contributed toward the drafting hereof, directly and/or by counsel. To the greatest extent allowed by law, there shall
be no application of the rule of construction of documents against the drafter.
The acceptance by Grantee of this agreement and its consent thereto are evidenced by its payment to Grantor
of the consideration first recited above.
This agreement, as written, covers the entire agreement between the parties and no other representations or
agreements, written or oral, have been made modifying, adding to or changing the terms hereof or inducing the
execution hereof and the person obtaining this agreement on behalf of Grantee has no authority to make any
promise, agreement or representation not expressly set forth herein.
TO HAVE AND TO HOLD unto Grantee, its successors and assigns, forever or until released by a recordable
instrument.
In witness whereof this instrument exe~uted this 0...n....
day of April, 1999.
ArrEST:
~D.. Q. I<LLLldJ'
City Secretary
CITY OF LA PORTE, a municipal corporation
bY:~~ T.~
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APPR0VEO' / .
% /~/.
L ~~/?f~ I " /,. r;'::'.-;:;t.,
City Attorney
Robert T. Herrera. City Manaoer
(printed/typed name) (title)
Taxpayer I. D. :
Corporate Acknowledgment
THE STATE OF TEXAS ~
COUNTY OF HARRIS ~
On this (i. I I.... day of April, 1999, before me, a Notary Public, personally appeared Robert'T. Herrera, in
his capacity as City Manager of the CITY OF LA PORTE, a municipal corporation, to me known to be the person
described in and who executed the foregoing instrument, and acknowledged that he/she executed the same as the
free act and deed of said municipal corporation.
,
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rill:, > J '~l'C~'U
.. NOTARY PUBI:: C IN AND FOR
THE STATE OF TEXAS
.\
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O:IROWDeptIROWGroup\FormsIROWlStrang RR Re-route.Eas.tcm07700.doc
Page 2 of 2
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SEADRIFT PIPELINE CORPORATION
e
P.O. BOX 186
PORT LAYACA, TEXAS 77979
SUBSIDIARY OF . CORPORATION
LARRY TRCKA
LAND & RIGHT-OF-WAY
PHONE: (512) 553-3173
FAX: (512) 553-3122
March 5, 1999
City of La Porte
c/o Knox Askins
604 W Fairmont Parkway
La Porte, Texas 77571
RE: Proposal for Pipeline Right-of-Way
Dear Mr. Askin
Seadrift Pipeline Corporation is constructing a 10" and a 6" diameter pipeline in Harris
County Texas. The route, as surveyed crosses a portion of the land you own or in which you
have an interest, located in the Richard Pearsall Survey, A-625, Harris County, Texas.
Seadrift Pipeline Corporation wishes to acquire an easement across said property and is
hereby offering $200.00 per linear rod for a 20' wide permanent Right-of-Way. The total
consideration for this tract, based upon a scaled measurement of 67.7 rods, is $13,540.00. Our
records show that you have a 100% interest in the entire tract; therefore, our offer to you is
$13,540.00.
Enclosed please find three Right-of-Way Grants and a copy of the Houston Lighting and
Power Company easement dated February 5, 1962 that you requested.
Please have the originals of the Right-of-Way Grant signed before a Notary Public and
contact me for deliver of payment. Two originals are for our records and the third original is for
your records.
If you have any questions, call me at (512) 553-3173. Please call collect.
Thank you for your cooperation in this matter.
Yoursv~ ~
~~~
Larry Trck~
Sr. Right-of-Way Agent
Enclosures
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a~ !'~'!t_ o.J .the ..tate of Natti.. It. CU1:.i:-, Dec....d, for and,
in con8ideration of 'fen DO~lan CUO.OO) cub to _ a haDd paieS
by Hou8ton Liqht1D9 . Power CClIDpany, the receipt of which is
h.reby acknowle$Sg8d, doe.' henby .9'rant, 8.~1 and conv.y IJato th~
I ~ 8aleS Hou8ton Lightinq . Power Company an ......nt or right-of-way
for not more than two el.ctric and di.tr!bution linea, cons1st1n;
of variable nUlllber. of wires, and all n.c....ry d..lrable .ppur-
tenances (including tower. or pole. mad. of wood, metal or other
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materials, tel.phon8 and tel.graph wire., prop. and quy.) over,
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acroBs and upon th., following-de8crib~ lSDd located 1n Barris
County, Texas, \:o-w1t.
A thr.e and n1ne-hUDd,.....d thirty-four thousandth. (3.934) D
~cr. tr-act of land in the Richard D. pear.all Survey,
Abstract Np. 625, in Harr18 ~ounty, Texa., .nd be1ng a
port10n of Block. 60. S1x-hundrlld twenty (620), S1x-
hundred forty-one (641) and S~hundred f1fty-a1x (656)
of 1:he Town of La Porte, accordlng to map recorded 1n
Vol\1D18 67, page 1 of Harr1. County Debd Records, and
being a port10n of that tract of land hereinafter referred
to a. Kimbell tract a. 4eecribed in deed dated September 21,
1894 from B. S. Ryan to.B. B. Kimbell, recorded 1n Volume
77, page 369 ~f 8arr1. county Deed aecords. sa1d 3.934-acre
tract here1n conveyed is descr1bed by ..tes .nd bound. ~8
follow.,. .ll coorcUnat.. and bearing. be1ft9 referred to
the Texas 'Ian. coord1nate 8y.t_ South Central zone a.
establi8hed ~y ~~ V. S. coa.t and Geodetic Survey in 1934
and ba.ed on the po.ition of V.S.c. and G.S. tr1angulat10n
station -La Porte 1952-. X . 3,24',278.7, y c 686,904.11
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BBGDlIIDlG at a 5!8-1nch 1ron rC?d having coordinate X ::
3,257,622.3, Y . 688,653.5, eet 1n.the southea.terly
co~r of said ltiabell-tzoact, s.J.d poat being a.\..o in
the westerly Uno of If. . B. O. aai1road CClllPBDy's r1ght-
o:-way, baeed On 10 f_t in vidt)..
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THENCE frolll the p01nt of be91nn1n9 N )0 02' 20" ..\C.-.......
following the easterly line of said K1n~ell tract and
the westerly line of said T. & N.O. Railroad companY'8
right-of-way 1428 feet to a point for corner, being
~e northeasterly corner of .aid K1mbell tract;
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THBBCB s 860 57' 40. W followinq the north.rly line of
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TRlNC! S 30 02' 20. B following a line that i. parallel
w1~ and 120 teet we.terly from the ..starly line of
.T. & N. O. Railroad company'. right-ot-way, 1428 f.et
to . S/8-inch iron rod for co~.r 1n the .outh.rly line
of Bald Ktmbel1 tract,
TBlBCB H 8&0 57' 40. B a'di.t&Dce of 120 f..t to the
place of b891D1l:LD9 &Dd containin9 3.934 acrs. .of land.
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" ~~,'!~th.. fol1GwtD1. d.pu, .
iL.... ........... '.' . .... "_.' '. " '.. ': -: !:~~..... ':..;.~h ~ : ',' :. .::.. .;:
: :(~).. .o~ l~~..t.~~.:.~~~:~,~ .;:~~~4 c~~of-
way (01". ~...~... orelOd~-9J.,._'tiiUIftlft9,
:LD~.':'pat:nl1iiif; hav1Dg. .. vift. on,
'81DtalitiDt"a'ftd ~_ '..14 u.. aJi4<.appaz-
tenance., , .
(2) TO r..ov. from oa14 r:L9ht-of-vay all ~u.he.,
tre.., all4 part. thereof or oth.r ob.truction.
b.long-in9 to grantor .(but not inclu4i:l9 the
feno. aloD; the .a.t .id. of .aid property)
which; in.th. opinion of the C~y, .ndang-er.
or may int.rf.r. with the efficienCy,. .af.ty
or proper maint.nance of ..aid lin.. or appur-
tenance.. .
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After it ha. compl.ted the'con.truction of .aid line or
11n.., grant.e shall 'cl... up the premise. and re.tore .... to
it. _od~~l condition .C? ~u. .. i. practicable...
'l'he 'ea~nt he~lD. grlUlt8d ~. .aJ:>>j.~..to aay previouely
'granted . ......n~. aff.ct:1:I9 .a1:~ land or any part t:h,r..of, .~B
shown by, \;he recor'..!" of' Harri. County, Texa., includinq an ea..-
ment ber."~~~~. gr.anted to Tenn....e Gaa ~ranami..1on company.
It is under8tooc! that gr~ntor 8hall at all t1JD8. have the
r1ght to make such uae of said land .. ls'not incon.istent wlth
the .a....nt herein granted". and, in cONWIctlon therew1th qrantor
hare1n re..rve. the right to con.tl~ct or extend or t~ grant to
other. ~e ~ight and privileg. of con~truct1n; or .xtending ra11-
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road spur track., roads, stre~t. and publlc utlllty llnes aeros.,
but not along the above land, provlded tl.at no such spur track.,
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If qrantee, after constructlng sald lines, abandons the
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road or .treet .hall come clo..r than five (5) feet to any exl.t-
ing surface structure of grantee herein.
uce of same for a period of one (1) year, the rights hereln grante~'
eball terminate and revert to grantor, bis successors and a.signs.
'l'O HAW,AJID 'l'O BOLD the ri9hts berein granted to .ailS
C~y, ita .liuaae.IIOZ',. aDd 8:~i9U.' but sabject to the t:erma
1ient"i, ud ..."eat 1:0 the una. uno!, P'Utor do.s ,hereby agree
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Draft No.:
RIGHT OF WAY GRANT
STATE OF TEXAS ~
COUNTY OF HARRIS ~
KNOW ALL MEN BY THESE PRESENTS:
THAT the undersigned CITY OF LA PORTE, a municipal corporation of Harris County, Texas (hereinafter
called "Grantor"), whether one or more, for and in consideration of the sum of TEN DOLLARS ($ 1 0.00 ) in hand
paid and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does
hereby grant, bargain, sell, warrant and convey unto SEADRIFT PIPELINE CORPORATION, a Delaware
corporation, its successors and assigns (hereinafter called "Grantee"), a right of way of perpetual easement to, at
any time and from time to time, lay, construct, maintain, alter, inspect, operate, repair, relocate, change the size of,
remove and replace two (2) pipelines and appurtenances thereto, including fittings, corrosion control equipment,
marker signs, vent posts and other apparatus above the ground (hereinafter called "Pipeline"), for the transportation
of petroleum, petroleum products and derivatives and any other liquids, gases, or substances which can be
transported through pipelines, Grantee to have the right to select, change or alter the route during or prior to
construction on, over, across a twenty foot (20') strip of land situated on lands owned by Grantor or in which Grantor
has an interest in Harris County, Texas, described as follows:
18.378 acres of land, more or less, situated in the Richard Pearsall Survey, A-625, Harris County,
Texas, as more particularly described by metes and bounds as set forth in Exhibit "A" of the certain
Warranty Deed, dated -May 15, 1987, from WILLIAM E. STILES, TRUSTEE to the CITY OF LA
PORTE, a municipal corporation, recorded under Film Code No, 128-96-0926, et seq. of the Official
Public Records of Real Property. of Harris County, Texas, to which instrument reference is hereby
made for all purposes.
and
8.072 acres of land, more or less, situated in the Richard Pearsall Survey, A-625 , Harris County,
Texas, as more particularly described by metes and bounds as set forth in Exhibit "A" of the certain
Warranty Deed, dated December 3, 1986, from BEN J. FORTSON, TRUSTEE to the CITY OF LA
PORTE, a municipal corporation, recorded under Film Code No. 066-75-2158, et seq. of the Official
Public Records of Real Property of Harris County, Texas, to which instrument reference is hereby
made for all purposes.
The right of way and easement herein granted shall have a permanent width of twenty feet (20'), as shown on
Exhibit "A", and as more particularly described by metes and bounds on Exhibit liB", both attached hereto and made
a part hereof. In addition, Grantee shall have the right to use such additional space as may be necessary for the
construction, maintenance and repair of the Pipeline along the route of same. Grantee agrees, at the time of
construction, to bury said Pipeline (except for fittings, corrosion control equipment, marker signs, vent posts and
other apparatus) to a depth of at least forty-eight (48) inches.
Grantor further grants and conveys unto Grantee the right of ingress and egress on, over, across and through
said twenty foot (20') strip of land for all purposes necessary or incidental to the exercise of the rights herein
granted.
Grantor reserves the right to use and enjoy said lands except as may be necessary for the purposes herein
granted, provided Grantor shall not construct or permit to be constructed any house, structure, reservoir or other
obstruction or excavation on, over or within said permanent right of way and easemen.\ and will not change the
grade over any Pipeline constructed hereunder; However Grantor specifically reserves the right for perpendicular
crossings of Grantee's Pipeline with pipelines, roads, streets, driveways, rail spurs, water lines, sewer lines and
other utilities or facilities.
The consideration recited above, shall constitute the full consideration for the right of way and easement herein
granted. and for normal construction damages. Grantee further agrees to pay for all damages to growing crops,
fences and timber on said land which may be caused in the future by the exercise of the rights granted hereunder,
provided that after the Pipeline has been constructed, Grantee shall not be liable for damages caused by keeping
the said right of way area clear of trees, undergrowth, brush and obstructions.
Any payment provided for hereunder may be made by check or draft, either directly or by mail to Grantor, or to
, who is hereby appointed agent and authorized to receive
and receipt for such payment. If mailed, such payment shall be considered made as of the date of mailing thereof to
Grantor or to said agent. (No change in the ownership of the land affected by this Grant shall affect payment
hereunder until thirty (30) days after Grantee shall have received a copy of a recorded instrument evidencing such
change). If two or more persons are entitled to receive any payment hereunder, proportionate part of such payment
Page 1 of 2
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to which each person is entitled may be made to such person or his agent separately as provided above. The
payment tendered to such person or his agent of his portion of such payment shall maintain this agreement as to
such person and interest in the above described lands.
This Right of Way Grant shall be governed by, and subject to the terms and provisions of Chapter 18-A
"Pipeline Transportation" of The Code of Ordinances of The City of La Porte, Texas.
The terms and provisions hereof shall be binding upon and shall inure to the benefit of the heirs, personal
representatives, successors, and assigns of Grantor and Grantee, and Grantee is expressly granted the right to
assign this right o~ way and easement, or any part thereof or interest therein, and the same shall be divisible among
two or more parties as to any right or interest created hereunder.
This agreement may be executed in counterparts and shall be binding upon each party executing any
counterpart. Each such counterpart so executed shall have the same force and effect as an original instrument as if
all of the parties to the aggregate counterparts had signed in the same instrument. Signature pages and
acknowledgments from separate counterparts may be combined and attached to one counterpart for recording
purposes.
This agreement is the result of open and extended negotiations between the parties hereto, each party having
contributed toward the drafting hereof, directly and/or by counsel. To the greatest extent allowed by law, there shall
be no application of the rule of construction of documents against the drafter.
The acceptance by Grantee of this agreement and its consent thereto are evidenced by its payment to Grantor
of the consideration first recited above.
This agreement, as written, covers the entire agreement between the parties and no other representations or
agreements, written or oral, have been made modifying, adding to or changing the terms hereof or inducing the
execution hereof and the person obtaining this agreement on behalf of Grantee has no authority to make any
promise, agreement or representation not expressly set forth herein.
TO HAVE AND TO HOLD unto Grantee, its successors and assigns, forever or until released by a recordable
instrument.
In witness whereof this instrument executed this
day of
,1999.
ATTEST:
CITY OF LA PORTE, a municipal corporation
by:
(printed/typed name) (title)
Taxpayer I. D. :
Corporate Acknowledgment
THE STATE OF TEXAS ~
COUNTY OF HARRIS ~
"
, 1999, before me, a Notary Public,
, in his/her capacity as
of the CITY OF LA PORTE, a municipal corporation, to me known to be the person
described in and who executed the foregoing instrument, and acknowledged that he/she executed the same as the
free act and deed of said municipal corporation,
day of
On this
personally appeared
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
O:IROWDepIIROWGroupIFormsIROWlStrang RR Re-roule.Eas.lcm07700.doc
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"Exhibit A"
HARRIS COUNTY, TEXAS
RICHARD PEARSALL SURVEY, A-625
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CITY OF LA PORTE
18.38 AC.
(FILM CODE 128-96-0926)
D.R.H.C. T.
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DAVID C. ANGEL AND GERALD GARRIE
Cl PROPOSED
EAS~MENT
(20 W.)
1
REV.
GENERAL REVISION/LINE CHANGE
DESCRIPTION
RRF
BY
/24/99
APP. DATE
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TOTAL LENGTH
1,116.7 FT.
67.7 RODS
f
"POINT OF TERMINATION"
"0" STREET (60' W)
CITY OF LA PORTE
8.07 AC.
(FILM CODE 066- 75- 2158)
D.R.H.C. T.
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EASEMENT (120'W)
10..
"POINT OF BEGINNING"
S86'4J'20.W-55.7'
"P.O.C."
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ct. PROPOSED
6" PIPELINE
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10" PIPELINE
1.5' I
8.5'
EASEMENT DETAIL
N.T.S.
SCAlE
PROPOSED 10" AND 6" PIPELINES
ACROSS
CITY OF LA PORTE
HARRIS COUNlY TEXAS
TCM-On .00 & MOT -036.20
INDEX NUMBER DRAWING NUMBER
SITE SUBJECT SEAPL 114
LOCATION
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Reference: Dwg. SEAPL114
"Exhibit B"
BASELINE DESCRIPTION
PROPOSED PIPELINE EASEMENT
ACROSS CITY OF LAPORTE PROPERTY
HARRIS COUNTY, TEXAS
DESCRIPTION OF A PROPOSED 20 FEET WIDE PIPELINE EASEMENT IN THE CITY
OF LAPORTE IN THE RICHARD PEARSALL SURVEY, ABSTRACT 625, HARRIS
COUNTY, TEXAS, AND BEING OVER, THROUGH, AND ACROSS A CITY OF LAPORTE
18.38 ACRE TRACT, AS RECORDED IN FILM CODE 128-96-0926, AND A CITY OF
LAPORTE 8.07 ACRE TRACT, AS RECORDED IN FILM CODE 066-75-2158, OF THE
DEED RECORDS OF HARRIS COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS WITH ALL BEARINGS HEREIN BEING BASED UPON THE
TEXAS STATE PLANE COORDINATE SYSTEM, NAD83, SOUTH CENTRAL ZONE.
COMMENCING at a 5/8" iron rod marking the southeast comer of the of the above referenced
18.38 acre tract, said iron rod also being a point on the west right of way line of a Union Pacific
Railroad 100 foot wide right of way;
THENCE from said 5/8" iron rod South 86043' 20" West, along the south line of the 18.38 acre
tract, a distance of 55.7 feet to a true "POINT OF BEGINNING" of the herein described
baseline.
THENCE from said "POINT OF BEGINNING" North 03008' 52" West a distance of 1,116.7
feet to a point on the north line of above referenced 8.07 acre tract, and the south right of way
line of "D" Street, a dedicated right off way 60 feet in width. Said point also being the "POINT
OF TERMINATION" of herein described baseline.
Total Length: 1,116.7 feet
67.7 rods
Date 2/24/99
G:\odrawings\13\ 133i\plalS\SEAPL 139
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Draft No.:
TCM-077.00 & MDT-36,20
RIGHT OF WAY GRANT
STATE OF TEXAS 5
COUNTY OF HARRIS 5
KNOW ALL MEN BY THESE PRESENTS:
THAT the undersigned CITY OF LA PORTE, a municipal corporation of Harris County, Texas (hereinafter
called "Grantor"), whether one or more, for and in consideration of the sum of TEN DOLLARS ($ 10.00 ) in hand
paid and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does
hereby grant, bargain, sell, warrant and convey unto SEADRIFT PIPELINE CORPORATION, a Delaware
corporation, its successors and assigns (hereinafter called "Grantee"), a right of way of perpetual easement to, at
any time and from time to time, lay, construct, maintain, alter, inspect, operate, repair, relocate, change the size of,
remove and replace two (2) pipelines and appurtenances thereto, including fittings, corrosion control equipment,
marker signs, vent posts and other apparatus above the ground (hereinafter called "Pipeline"), for the transportation
of petroleum, petroleum products and derivatives and any other liquids, gases, or substances which can be
transported through pipelines, Grantee to have the right to select, change or alter the route during or prior to
construction on, over, across a twenty foot (20') strip of land situated on lands owned by Grantor or in which Grantor
has an interest in Harris County, Texas, described as follows:
18.378 acres of land, more or less, situated in the Richard Pearsall Survey, A-625, Harris County,
Texas, as more particularly described by metes and bounds as set forth in Exhibit "A" of the certain
Warranty Deed, dated May 15, 1987, from WILLIAM E, STILES, TRUSTEE to the CITY OF LA
PORTE, a municipal corporation, recorded under Film Code No. 128-96-0926, et seq. of the Official
Public Records of Real Property of Harris County, Texas, to which instrument reference is hereby
made for all purposes.
and
8.072 acres of land, more or less, situated in the Richard Pearsall Survey, A-625, Harris County,
Texas, as more particularly described by metes and bounds as set forth in Exhibit "A" of the certain
Warranty Deed, dated December 3, 1986, from BEN J, FORTSON, TRUSTEE to the CITY OF LA
PORTE, a municipal corporation, recorded under Film Code No. 066-75-2158, et seq. of the Official
Public Records of Real Property of Harris County, Texas, to which instrument reference is hereby
made for all purposes.
The right of way and easement herein granted shall have a permanent width of twenty feet (20'), as shown on
Exhibit "A", and as more particularly described by metes and bounds on Exhibit "B", both attached hereto and made
a part hereof. In addition, Grantee shall have the right to use such additional space as may be necessary for the
construction, maintenance and repair of the Pipeline along the route of same. Grantee agrees, at the time of
construction, to bury said Pipeline (except for fittings, corrosion control equipment, marker signs, vent posts and
other apparatus) to a depth of at least forty-eight (48) inches.
Grantor further grants and conveys unto Grantee the right of ingress and egress on, over, across and through
said twenty foot (20') strip of land for all purposes necessary or incidental to the exercise of the rights herein
granted.
Grantor reserves the right to use and enjoy said lands except as may be necessary for the purposes herein
granted, provided Grantor shall not construct or pennit to be constructed any house, structure, reservoir or other
obstruction or excavation on, over or within said pennanent right of way and easement and will not change the
grade over any Pipeline constructed hereunder; However Grantor specifically reserves the right for perpendicular
crossings of Grantee's Pipeline with pipelines, roads, streets, driveways, rail spurs, water lines, sewer lines and
other utilities or facilities,
The consideration recited above, shall constitute the full consideration for the right of way and easement herein
granted, and for nonnal construction damages. Grantee further agrees to pay for all damages to growing crops,
fences and timber on said land which may be caused in the future by the exercise of the rights granted hereunder,
provided that after the Pipeline has been constructed, Grantee shall not be liable for damages caused by keeping
the said right of way area clear of trees, undergrowth, brush and obstructions.
Any payment provided for hereunder may be made by check or draft, either directly or by mail to Grantor, or to
, who is hereby appointed agent and authorized to receive
and receipt for such payment. If mailed, such payment shall be considered made as of the date of mailing thereof to
Grantor or to said agent. (No change in the ownership of the land affected by this Grant shall affect payment
hereunder until thirty (30) days after Grantee shall have received a copy of a recorded instrument evidencing such
change). If two or more persons are entitled to receive any payment hereunder. proportionate part of such payment
Page 1 of 2
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to which each person is enliUed may be made to such person or his agent separately as provided above. The
payment tendered to such person or his agent of his portion of such payment shall maintain this agreement as to
such person and interest in the above described lands.
This Right of Way Grant shall be governed by, and subject to the terms and provisions of Chapter 18-A
'Pipeline Transportation" of The Code of Ordinances of The City of La Porte, Texas.
The terms and provisions hereof shall be binding upon and shall inure to the benefit of the heirs, personal
representatives, successors, and assigns of Grantor and Grantee, and Grantee is expressly granted the right to
assign this right of way and easement, or any part thereof or interest therein, and the same shall be divisible among
two or more parties as to any right or interest created hereunder.
This agreement may be executed in counterparts and shall be binding upon each party executing any
counterpart. Each such counterpart so executed shall have the same force and effect as an original instrument as if
all of the parties to the aggregate counterparts had signed in the same instrument. Signature pages and
acknowledgments from separate counterparts may be combined and attached to one counterpart for recording
purposes.
This agreement is the result of open and extended negotiations between the parties hereto, each party having
contributed toward the drafting hereof, directly and/or by counsel. To the greatest extent allowed by law, there shall
be no application of the rule of construction of documents against the drafter.
The acceptance by Grantee of this agreement and its consent thereto are evidenced by its payment to Grantor
of the consideration first recited above.
This agreement, as written, covers the entire agreement between the parties and no other representations or
agreements, written or oral, have been made modifying, adding to or changing the terms hereof or inducing the
execution hereof and the person obtaining this agreement on behalf of Grantee has no authority to make any
promise, agreement or representation not expressly set forth herein,
TO HAVE AND TO HOLD unto Grantee, its successors and assigns, forever or until released by a recordable
instrument.
In witness whereof this instrument executed this
day of
,1999.
.' ATTEST:
I
,
CITY OF LA PORTE, a municipal corporation
by:
(printed/typed name) (title)
Taxpayer I. D. :
Corporate Acknowledgment
THE STATE OF TEXAS i
COUNTY OF HARRIS i
On this
personally appeared
day of
, 1999, b~fore me, a Notary Public,
, in hislher capacity as
of the CITY OF LA PORTE, a municipal corporation, to me known to be the person
described in and who executed the foregoing instrument, and acknowledged that he/she executed the same as the
free act and deed of said municipal corporation.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
O:\ROWDep\\ROWGllIIIplFannsIROWIStnI"lI RR ~.Ea..II:mCJ7700.cIoc
Page 2 of 2
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"Exhibit A"
HARRIS COUNlY. TEXA
RICHARD PEARSALL SURVEY, A-625
e
"POINT OF' TERMINATION"
"0" STREET (60' W)
Q,I CITY OF LA PORTE
8.07 AC,
(F'IlM CODE 066-75-2158)
D,R.H.C. T.
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CITY OF LA PORTE
18.038 AC.
(F'llM CODE 128-96-0926)
a.R.H.C. T.
DAVID C. ANGEL AND GERALD GARRIE
TOTAL LENGTH
1,116.7 FT.
67.7 RODS
~ PROPOSED
E~~MEttT
(20 W,)
1 GENERAL REVlSION/UNE CHANGE
REV. DESCRIPTION
RRF' /24/99
BY APP. DATE
'l~" STREET
H,l.&P. CO.
EASEMENT (120'W)
il
"POINT OF BEGINNING"
586'43'20"W-55. 7'
"P.O.C. "
EASEMENT DETAil
N.T.S.
SCAlE
PROPOSED 10 AND 6" PIPELINES
ACROSS
CllY OF IJ\ PORTE
HARRIS COUNTY TEXAS
TCM-077.00 & MDT-OJ6.20
I NUII8 RAWlNG NUI/BEA
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Reference: Dwg. SEAPL 114
"Exhibit B"
BASELINE DESCRIPTION
PROPOSED PIPELINE EASEMENT
ACROSS CITY OF LAPORTE PROPERTY
HARRIS COUNTY, TEXAS
DESCRIPTION OF A PROPOSED 20 FEET WIDE PIPELINE EASEMENT IN THE CITY
OF LAPORTE IN THE RICHARD PEARSALL SURVEY, ABSTRACT 625, HARRIS
COUNTY, TEXAS, AND BEING OVER, THROUGH, AND ACROSS A CITY OF LAPORTE
18.38 ACRE TRACT, AS RECORDED IN FILM CODE 128-96-0926, AND A CITY OF
LAPORTE 8.07 ACRE TRACT, AS RECORDED IN FILM CODE 066-75-2158, OF THE
DEED RECORDS OF HARRIS COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS WITH ALL BEARINGS HEREIN BEING BASED UPON THE
TEXAS STATE PLANE COORDINATE SYSTEM, NAD83, SOUTH CENTRAL lONE.
COMMENCING at a 5/8" iron rod marking the southeast comer of the of the above referenced
18.38 acre tract, said iron rod also being a point on the west right of way line of a Union Pacific
Railroad 100 foot wide right of way; I
THENCE from said 5/8" iron rod South 860 43' 20" West, along the south line of the 18.38 acre
tract, a distance of 55.7 feet to a true "POINT OF BEGINNING" of the herein described
baseline.
THENCE from said "POINT OF BEGINNING" North 030 08' 52" West a distance of 1,116.7
feet to a point on the north line of above referenced 8.07 acre tract, and the south right of way
line of "D" Street, a dedicated right off way 60 feet in width. Said point also being the "POINT
OF TERMINATION" of herein described baseline.
Total Length: 1,116.7 feet
67.7 rods
Date 2/24/99
G:\odrawings\ 13\ 1 33 7\plalS\SEAPL I 39
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REouA FOR CITY COUNCIL AGENDA I&:
Agenda Date Requested: March 15. 1999
Requested By: John Joems
Department: Administration
_ Report
Resolution X Ordinance
Exhibits: 1. Ordinance No. 99-2316
2. Preliminary Reinvestment Zone Financing Plan
3. Letter to various parties and mailing list
SUMMARY & RECOMMENDATION
At the February 1st meeting, Council, expressed an interest in considering the creation of a Tax Increment
Reinvestment Zone (TIRZ). At that meeting staff suggested that Council consider establishing guidelines for the
creation of a TIRZ. Council suggested that staff and our consultant, Hawes, Hill and Patterson, continue working
with the Council subcommittee.
The Council subcommittee has met twice to discuss proposed guidelines. At their last meeting the Committee
agreed to forward the draft guidelines to various landowners, developers and brokers and to establish a time for
review and discussion. The subcommittee and staff also discussed presenting for Council's consideration an
ordinance establishing a date for a Public Hearing regarding the creation of a TIRZ.
If Council wishes to establish a TIRZ before September 1st (effective date of legislation regarding School District
participation), it is important that we initiate the required 60 day notice for a Public Hearing and notification of
other taxing entities. The map attached to the ordinance is very similar to the map used last fall with that notice
of Public Hearing. The differences are:
.
Little Cedar Bayou Park property east of Broadway was removed.
Former and existing 13th Street right-of-way was added to align with a potential utility and
pedestrian corridor that is proposed by the Texas Import/Export General Plan.
.
The ordinance establishing the Public Hearing does not commit the City. It sets in motion notification and
discussion with the other taxing jurisdictions and establishes May 24, 1999 as a Public Hearing date.
Action Required by Council:
Consider approval of Ordinance No. 99-2316 establishing May 24, 1999 as the date for a Public Hearing regarding the
creation of Tax Increment Reinvestment Zone #1
Availability of Funds:
General Fund_ Water/Wastewater
_ Capital Improvement_ General Revenue Sharing
Other
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ORDINANCE NO. 99- 2316
AN ORDINANCE APPROVING NOTICE TO THE GOvaaNING BODIES OF BARRIS
COUNTY, TEXAS, LA PORTE INDEPENDENT SCHOOL DISTRICT, SAN JACINTO
COLLEGE DISTRICT, PORT OF HOUSTON AUTHORITY, HARRIS COUNTY HOSPITAL
DISTRICT, AND HARRIS COUNTY FLOOD CONTROL DISTRICT, REGARDING THE
CITY'S CONSIDERATION OF A CONTIGUOUS GEOGRAPHIC AREA WITHIN THE
CITY OF LA PORTE, TEXAS, AS REINVESTMENT ZONE NUHBER ONE, CITY OF
LA PORTE, TEXAS; ESTABLISHING A DATE FOR A PUBLIC HEARING ON THE
CREATION OF PROPOSED REINVESTHENT ZONE NUHBBR ONE, CITY OF LA
PORTE, TEXAS; AUTHORIZING AND DIRECTING OTHER ACTIONS PRELIHINARY
TO THE CREATION OF THE PROPOSED REINVESTHENT ZONE NUHBER ONE, CITY
OF LA PORTE TEXAS; CONTAINING FINDINGS RELATING TO THE FOREGOING
SUBJECT; FINDING COHPLIAHCE WITH THE OPEN HEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City of La Porte, Texas (the "city") is
considering the designation of a contiguous geographic area in La
Porte, Texas, as a reinvestment zone under the provisions of
Chapter 311 of the Texas Tax Code over an area described on Exhibit
"A" attached hereto; and
WHEREAS, the area to be designated as a reinvestment zone is
predominantly open and, because of obsolete platting, deteribration
of structures or site improvements, or other factors, substantially
impairs or arrests the sound growth of the City; and
WHEREAS, prior to the creation of the proposed reinvestment
zone, the City Council must hold a public hearing on the creation
of the proposed reinvestment zone and its benefits to the City and
the property in the proposed reinvestment zone; and
WHEREAS, the City desires to receive comments of all affected
property owners and of other taxing jurisdictions which levy real
property taxes within the reinvestment zone; and
WHEREAS, pursuant to section 311. 003 ee) of the Texas Tax Code,
the governing body of the City must notify in writing the governing
body of each taxing unit that levies real property taxes in the
proposed reinvestment zone that the City may establish the zone not
later than the 60th day before the date of the public hearing on
designation of the reinvestment zone; and
WHEREAS, the City will conduct a public hearing regarding such
designation on May 24, 1999, at 6:00 p.m.; and
WHEREAS, Harris County, Texas, La Porte Independent School
District, San Jacinto College District, Port of Houston Authority,
Harris County Hospital District, and Harris County Flood Control
District, are taxing authorities in the anticipated area of the
reinvestment zone; and
WHEREAS, the City desires to notify the governing bodies of
Harris County, Texas, La Porte Independen~ School District, San
Jacinto College District, Port of Houston Authority, Harris County
Hospital District, and Harris County Flood Control District, of its
consideration of the designation of the reinvestment zone; and
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WHEREAS, to consider the creation of the reinvestment zone it
is necessary that a preliminary reinvestment zone financing plan be
prepared and circulated to all taxing units that levy real property
taxes in the proposed reinvestment zone prior to the holding of a
public hearing on the creation of the proposed reinvestment zone;
and
WHEREAS, prior to the creation of the proposed reinvestment
zone other actions, including discussions with and presentations to
other taxing units levying taxes on the real property in the
proposed reinvestment zone, may be necessary and appropriate.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. That the findings and recitals in the preamble of
this Ordinance are hereby found and determined to be true and
correct and are hereby approved and adopted.
Section 2. That the City hereby confirms its intention to
designate a contiguous gebgraphic area within the City, as
described on Exhibit "A", as Reinvestment Zone Number One, City of
La Porte, Texas.
Section 3. That the City Council establishes the date of May
24, 1999, at 6:00 p.m., in the City Council Chambers, for a public
hearing on the establishment of a proposed tax increment
reinvestment zone to be known as Reinvestment Zone Number One, City
of La Porte, Texas, under the provisions of Section 311.003(c) of
the Texas Tax Code. The City Secretary is directed to cause notice
of the public hearing to be published in a newspaper of general
circulation in the City not later that the seventh day before the
date of the hearing.
SectioD 4. That the notice addressed to the County Judge of
Harris County, the Superintendent of La Porte Independent School
District, the Chancellor of San Jacinto College District, the
General Manager of Port of Houston Authority, the President of
2
Harris County ~ital, and the Chief Eng~er of Harris County
Flood Control District, in substantially the form attached hereto
as Exhibit "B" and incorporated herein for all purposes is adopted
and approved and the City Manager is directed to cause such notice
to be delivered as Soon as practical.
section 5 .
The Mayor and the City Manager, or their
designees,
are hereby directed to prepare a preliminary
..
reinvestment zone financing plan for the proposed zone and
distribute the preliminary reinvestment zone financing plan to each
taxing unit that levies taxes on real property in the proposed zone
as provided in Section 311. 003 (b) of the Texas Tax Code. The Mayor
and the City Manager, or their designees, are hereby authorized to
take other such actions as are reasonably necessary preliminary to
the creation of the proposed zone, including without limitation,
providing notice to the taxing units levying' taxes on real property
within the proposed zone as provided in Section 311.003(e) of the
Texas Tax Code, making any presentations to other taxing units,
setting public hearing dates and other related actions.
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 was
posted at a place convenient to the public at the City Hall of the
Ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
3
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Sec~ion 7. This Ordinance shall be passed finally on the date
of this introduction and shall take effect immediately upon its
passage.
PASSED AND APPROVED,. this 15th day of March, 1999.
By:
CITY OF LA PORTE
~~
No n L. Malone -
Mayor
ATTEST:
APP~: j
O::M6/~
Knox W. Askins
City Attorney
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Exhibit "A"
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Exhibit B
[City of La Porte Letterhead]
, 1999
NOTICE OF PUBLIC HEARING
ON THE CREATION OF REINVESTMENT ZONE
NUMBER ONE, CITY OF LA PORTE, TEXAS
Dear:
Pursuant to Ordinance Number , adopted on , the City Council of the
City of La Porte, Texas (the "City"), has called a public hearing on the question of the creation of
Reinvestment Zone Number One, City of La Porte, Texas ("Reinvestment Zone Number One").
Notice is hereby given that the City Council of the City of La Porte, Texas will hold a public hearing
on the creation of Reinvestment Zone Number One, City of La Porte, Texas ("Zone One"). The
hearing will begin at six o'clock (6:00) p.m. on . in the City Hall at 604
West Fairmont Parkway, La Porte, TexaS 77571. Representatives of are invited to
attend the public hearing and comment on the creation of Reinvestment Zone Number One.
The proposed boundaries of Reinvestment Zone Number One are described in Attachment 1. A
description of the tentative plans for development of Reinvestment Zone Number One and an estimate
of the general impact of Reinvestment Zone Number One on property values and tax revenues are set
forth in Attachment 2.
Pursuant to Section 311.003 (g) of the Chapter 311, Texas Tax code, City of La Porte has _ days
from the receipt of this notice to appoint a representative to meet with the City in order to discuss Zone
One's preliminary project plan and reinvestment zone financing plan.
If the City Council decides to proceed with the creation of Zone One, it welcomes your participation in
Reinvestment Zone Number One. We will provide any additional information you may require.
Please call me should you have any questions.
Sincerely,
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PROPOSED REINVESTMENT ZONE NUMBER ONE
CITY OF LA PORTE, TEXAS
DRAFT
PRELIMINARY REINVESTMENT ZONE FINANCING PLAN
MARCH 11, 1999
PREPARED BY
Hawes Hill & Patterson Consultants, L.L.P.
DRAFT 03.11.99
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PROPOSED REINVESTMENT ZONE NUMBER ONE,
CITY OF LA PORTE, TEXAS
PRELIMINARY REINVESTMENT ZONE FINANCING PLAN
OVERVIEW
The proposed reinvestment zone consists of approximately 1,080 acres of land, of
which approximately 520 acres is available to be developed as a master planned
community consisting of single family and multi-family residential, retail and light to
business industrial uses. The area included in the proposed zone is predominately
open. The excessive costs associated with constructing a regional detention basin and
channel system and oversized sanitary sewer lift stations, force mains and gravity
collection lines in accordance with the City's master plan prohibits the sound growth of
the municipality and impedes the development of the area solely through private
investment in the reasonably foreseeable future. A regional approach to storm water
detention is also necessary due to the inherent inefficiencies in localized detention
which will decrease the amount of usable land, thus limiting the amount of taxable
value within the area.
Expenditures associated with the design, construction and financing of public
improvements, as well as other specific project related costs are to be funded by tax
increment revenue derived from new residential and commercial property value
increases. It is anticipated that the Zone will enter into Development Reimbursement
Agreements. Developers may be reimbursed for funds advanced on behalf of the
reinvestment zone for the design and construction of specific public facilities and
related project costs as detailed in this Preliminary Plan. The Developers will dedicate
all public improvements to the City.
This document constitutes the Preliminary Reinvestment Zone Financing Plan as
required by Chapter 311, Texas Tax Code. The purpose of the proposed reinvestment
zone is to facilitate the developmenUredevelopment of residential and commercial
properties through the financing of:
. Water, wastewater, drainage facilities;
. New Streets;
. Parking facilities
. Landscaping and streetscapes; and
. Conference Center/Hotel
. Marina/Breakwater/Recreation
Facilities
The proposed public improvements to be constructed within the proposed zone will
facilitate private investment within the area substantially earlier than would otherwise
occur, if at all. The public improvements will facilitate the master-planned community
concept proposed for the proposed zone and it is expected that the public
improvements will spur additional development and redevelopment throughout the City
of La Porte and the surrounding area.
Preliminary Reinvestment Zone Financing Plan
La Porte, Texas
1
DRAFT 03.11.99
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1. Maps Showing Existing Uses And Conditions Of Real Property In The Zone
And Showing Proposed Improvements To And Proposed Uses Of The
Property
The proposed reinvestment zone (the "TIRZIJ) is located within the city limits of La
Porte. The TJRZ receives direct access by several existing roads. State Highway 146
runs north-south through the middle of the TJRZ. The western portion of the TIRZ is
accessed by Powell Road, which extends south from Fairmont Parkway to the southern
boundary of the TIRZ. Wharton Weems and McCabe Street run east-west through the
eastern portion of the TIRZ from SH 146 to South Broadway Street, which borders the
TIRZ to the east.
The TIRZ is surrounded by residential development with some light industrial and
commercial development. The City of La Porte Bay Forest Golf Course is located in
the eastern portion of the TIRZ, between SH 146 and South Broadway. Map 1 shows
the tentative boundary and Map 2 shows the current land uses within the TIRZ.
2. Proposed Changes Of Zoning Ordinances, The Master Plan Of The
Municipality, Building Codes, And Other Municipal Ordinances
All construction will be done in conformance with existing building code regulations of
the City of La Porte. There are no proposed changes of any city ordinance, master
plan, or building codes.
3. List Of Estimated Non-Project Costs
It is anticipated that the public improvements to be constructed the TIRZ could spur
private investment of over $200 million within the TIRZ over a ten year period. The
cost of constructing all improvements, other than those improvements that will be
dedicated to and owned by the City, will be borne by the private sector.
4. Statement Of Method Of Relocating Persons To Be Displaced As A Result Of
Implementing The Plan
The Preliminary Plan calls for the development of substantially vacant property.
Therefore, there is no displacement of property owners or residents.
5. Proposed Development And Project Costs
Vacant Land Development Opportunities
The proposed development plan consists of a program of public improvements, under
the authority of the Tax Increment Financing Act, which are intended to stimulate and
serve over $200 million in new private investment scheduled to occur over the next 10
years.
Preliminary Reinvestment Zone Financing Plan
La Porte, Texas
2
DRAFT 03.11.99
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It is anticipated that the proposed development will consist of detached single family
residences, townhomes, multifamily, retail, light to business industrial facilities and rail
facilities.
Vacant Land Proiect Costs
The proposed public improvements necessary to develop the land within the TIRZ
include water distribution facilities, wastewater collection facilities, storm water
drainage improvements, street improvements and streetscape improvements.
The preliminary total cost of facilities to be constructed within the TIRZ for water,
wastewater, streets and drainage improvements is approximately $31 million. The
monetary obligations incurred or estimated to be incurred as described above are
necessary or convenient to the creation of the TIRZ. A summary of the preliminary cost
estimates is outlined below.
Residential
Commercial
Phase I
Phase "
Phase 1/1
Phase IV
$ 7,008,000
2,897,000
2,215,000
2,096,000
$14,216,000
$14,480,000
1,476,000
1,525,000
Total
$17,481,000
Svlvan Beach Development Opportunities
Benchmark Hospitality Group proposes to build a full-service hotel and conference
center on Sylvan Beach located on Galveston Bay, The proposed development
consists of:
. 170 guestrooms;
. 15,000 square feet of conference space;
· additional 5,000 square feet of meeting space located in the existing Sylvan
Pavilion;
. full-service all day restaurant, as well as a pub bar offering entertainment and light
fare;
. outdoor pool with pool house, health club and deck area; and
. golf privileges at Bay Forest Golf Club
.,
Preliminary Reinvestment Zone Financing Plan
La Porte, Texas
3
DRAFT 03.11.99
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Benchmark Hospitality revised the estimated costs for constructing the project in April
1998. The total cost associated with constructing the hotel and conference center
follows:
Hotel
Conference Center
Site Work & Amenities
$13.7 Million
6.0 Million
0.7 Million
TOTAL
$20.4 Million
However, the projected real property valuation that could reasonably be derived from
this project is as follows:
Hotel
Conference Center
$7.8 Million
3.2 Million
TOTAL
$11.0 Million
Other Improvements And Costs
The City may deem other public improvements necessary for the development of the
TIRZ. If it is determined that additional public improvements shall be required, such
improvements will be incorporated into the Plan.
In addition to the cost of constructing public improvements within the TIRZ, there are
costs that have been incurred and are expected to be incurred by the City of La Porte,
and other participating taxing jurisdictions in the creation and organization of the TIRZ.
It is also anticipated that the TIRZ will pay, from available tax increment, a portion of
the administrative and maintenance costs associated with the public improvements
within the TIRZ.
6. A Description Of The Methods Of Financing All Estimated Project Costs And
The Expected Sources Of Revenue To Finance Or Pay Project Costs
Description Of The Methods Of Financina
In accordance with 311.015 of the Tax Increment Financing Act, the City may issue tax
increment bonds or notes, the proceeds of which may be used to pay project costs on
behalf of the TIRZ. Upon creation of the proposed redevelopment authority, the
authority may be authorized to incur debt and issue debt or obligations to satisfy
developer reimbursements for eligible project costs. If such bonds are issued, bond
proceeds shall be used to provide for the project related costs outlined in this plan.
When appropriate, Developers will advance project-related costs and be reimbursed
through the issuance of tax increment bonds or from increment revenues of the zone.
Preliminary Reinvestment Zone Financing Plan
La Porte, Texas
4
DRAFT 03.11.99
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Method And Timina Of Fundina Proiect Costs
e
Developers will fund the costs of the improvements and will be reimbursed from the
issuance of bonds. Bond proceeds may be used to fund project costs if assessed
valuation within the TIRZ is sufficient to support such Bonds. It is possible that bonds
could be issued for reimbursement to developers in the following years and increments.
2003
2004
2005
2006
2007
Total Bonds
$8,000,000
8,000,000
8,000,000
8,000,000
8.155,000
J40.155,OOO
Although the timing of each phase has been included in the numerical analysis for
illustrative purposes, the actual funding and construction of project costs will be
determined by the actual development needs, market conditions, and available tax
increment revenue of the TIRZ.
Sources Of Tax Increment Revenue
The purpose of the TIRZ is to provide the necessary public improvements to support
residential and commercial development.
1/1/2002
1/1/2003
1/1/2004
1/1/2005
1/1/2006
1/1/2007
1/1/2008
1/1/2009
1/1/2010
1/1/2011
Estimated Captured Appraised Value
Residential
Commercial
Total
$ 36,911,111
58,500,195
70,839,279
100,678,363
119,667,446
157,384,971
172,790,000
194,940,000
199,740,000
206,740,000
$ 1,911,111
13,500,195
25,839,279
38,178,363
56,717,446
76,934,971
88,140,000
92,340,000
92,340,000
92,340,000
$ 35,000,000
45,000,000
45,000,000
62,500,000
62,950,000
80,450,000
84,650,000
102,600,000
107,400,000
114,400,000
Preliminary Reinvestment Zone Financing Plan
La Porte, Texas
5
DRAFT 03.11.99
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Participation Of Taxina Jurisdictions
Of the taxing jurisdictions (Harris County, Harris County Flood Control District, Harris
County Department of Education, Harris County Toll Road, the La Porte Independent
School District, the Port of Houston Authority and San Jacinto Junior College District )
which levy ad valorem taxes within Reinvestment Zone Number One, the City is
requesting the participation of Harris County, the La Porte Independent School District
and the Port of Houston Authority.
Tax Increment Fund
The City shall create and establish a Tax Increment Fund for the Zone, which may be
divided into sub-accounts as authorized by subsequent ordinances. A separate
account will be created for the property of each Developer. All Tax Increments, as
defined below, from a Developer's property will be deposited in the related account of
the Tax Increment Fund. The Tax Increment Fund and each account shall be
maintained at the depository bank of the City of La Porte or the Redevelopment
Authority (if created) and shall be secured in the manner prescribed by law for funds of
Texas cities.
The annual Tax Increment shall equal the property taxes levied by the City or any other
taxing unit participating in the zone for that year on the captured appraised value, as
defined by the Tax Increment Act (the "Act"), of real property located in the zone that is
taxable by the City or any other taxing unit participating in the zone, less any amounts
that are to be allocated from the Tax Increment pursuant to the Act.
All revenues from the sale of any tax increment bonds, notes, or other obligations
hereafter issued by the City for the benefit of the zone, if any; revenues from the sale of
property acquired as part of the project plan and reinvestment zone financing plan, if
any; and other revenues to be used in the zone shall be deposited into the Tax
Increment Fund. Tax increment revenue derived from a Developers property and
proceeds of bonds issued to reimburse a Developer will be deposited to the related
account in the Tax Increment Fund. Prior to termination of the zone, money'shall be
disbursed from each account within the Tax Increment Fund only to pay project costs,
as defined by the Texas Tax Code, for the related property in the zone, to satisfy the
claims of holders of tax increment bonds or notes issued for the Zone, or to pay
obligations incurred pursuant to agreements allocable to the related property and
entered into to implement the project plan and reinvestment zone financing plan and
achieve their purposes pursuant to Section 311.01 O(b) of the Texas Tax Code.
Preliminary Reinvestment Zone Financing Plan
La Porte, Texas
6
DRAFT 03.11.99
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7. Economic Feasibility Study
An independent economic research firm, conducted a market demand leconomic
feasibility analysis of the proposed residential land uses within the proposed TIRZ. In
1997 Horwath Hospitality Consulting provided the City with a market study relating to
the above project. The market study provides an excellent analysis of the total project.
The overall results indicate a strong demand and success for such a project.
8. Duration Of The Zone
The proposed TIRZ shall remain in effect until the earlier of December 31, 2031 or the
date on which the Final Plan has been implemented and all project costs, tax increment
bonds, interest on such tax increment bonds and all other obligations, contractual or
otherwise, payable from the tax increment collected on the captured appraised value of
the property within the TIRZ have been paid in full.
Preliminary Reinvestment Zone Financing Plan
La Porte, Texas
7
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City of La Porte
Escablishec.l1892
March 5, 1999
.....
Dear Mr.
The La Porte City Council is considering the creation of a Tax Increment Reinvestment Zone (TIRZ).
A subcommittee of Councilmembers has been working with staff and our consultant to prepare
guidelines that will be used when considering a TIRZ. The purpose of the guidelines is to establish the
City's policy as it relates to the designation and development of a TIRZ. It is our belief that a TIRZ
can be an important economic development tool that benefits both the community and prospective
developers.
The proposed guidelines are enclosed for your information and review. As a landowner, developer or
broker you have expressed interest in the area being considered by City Council. We, therefore, are
inviting you to a meeting were the proposed guidelines will be reviewed.
We have established Wednesday March 31st at 4 p.m., in City Hall Council Chambers for a meeting
with you and other interested parties to review the proposed guidelines. If you cannot attend, please
feel free to send a representative or provide written comments. If you have any questions feel free to
call me at (281) 471-5020.
Additionally, the City Council is scheduled to consider, at their March 15th meeting, a Resolution
establishing a date for a Public Hearing on the creation of a reinvestment zone.
xc: Robert T. Herrera, City Manager
Jeff Litchfield, Assistant City Manager
P.o. Box 1115. L1 Pl)fl~. Texas i757::!-1115. (::!Sl) 4;1-5020
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Mailine: List
Stuart Haynsworth
Daetwyler Corporation
Carrington Weems
Ben Weems
Elizebeth Weems
c/o Patrick Westfeldt
Eddie Dutco
Eddie Gray
Glen Angel
Brad Dill
Barry Bone, TXI
Decker McKim
Doyle Toups
Jim Clifton
R. Dennis Blyshak, Benchmark Hospitality
Fred Westergren
Don Grangtes
Earl Wilburn
Bob Klassen, Sunbelt Commercial Builders
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REQ&T FOR CITY COUNCIL AGLA ITEM
Agenda Date Requested: March 15, 1999
Requested By: Doug Kn~pper~ bt /' Department: Planning
XX Report ~tion Ordinance
Exhibits:
Bay Area Boulevard Overview
Summat:Y Be Recommendation
On Wednesday, February 10, 1999, staffmet with Bob Castille, Harris County Precinct 2 Coordinator,
and representatives from the engineering firm Binkley & Barfield. The County and their engineer
delivered a preliminary report and study of Bay Area Blvd.
Attached is an overview of that report. The full report analyzes 12 options for the roadway and drainage
systems. The recommended option, which staff concurs with, was selected based on having the lowest
estimated cost of $ 14,407,000. The second lowest estimated cost was $15,464,000.
All estimates include an amount for right-of-way acquisition. Pursuing this recommended option will
require acquisition of 100 feet of additional right-of-way along Phase I and a ISO-foot wide, east-west,
lateral drainage ditch, also within Phase I.
The recommended plan is identified in Binkley & Barfield's report as Plan ID-IIE and is simply described
as follows:
Phase I - Construct Phase I as a 4-lane divided roadway with a median ditch. Drain all Phase I
flows to a proposed, east-west, lateral ditch located toward the south end of Phase I~ and then into
A 104-07.
Phase II - Construct Phase II as a 5-lane curb and gutter roadway with buried storm sewer.
Divert a significant portion of the drainage from the middle one-fourth of Phase II (Little Cedar
Bayou Watershed) to the south to drain through Phase I.
All options contained within the Engineer's report are based on Harris County criteria for drainage. The
drainage systems will be designed to drain the roadways plus 150 feet of the adjacent property using the
3-year design storm. Future development of the acreage adjacent to the roadways will still require
mitigation of the drainage impact. This mitigation usually occurs in the form of detention. Future
development without any fonn of drainage mitigation would cause flooding of the roadways on a regular
basis.
With Council's approval, the administration will write Precinct 2 and request they pursue Option ID-
TIE, the consultant's recommended plan.
~ity of Funds: N/ A
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DRAFT
March 10, 1999
Commissioner Jim Fonteno
Harris County Precinct 2
1001 Preston, Room 950
Houston, Texas 77002
Re: Bay Area Boulevard
Dear Commission Fonteno:
The Bay Area Boulevard/Sens Road report prepared by Binkley and Barfield Inc. has been reviewed
with City Council. After considering alternatives presented, Council and staff concur with the
consultant's recommendation that alternate ill - lIE be pursued.
We ask that the County advance the design and construction of this project and request that the
consultant and the County coordinate with the City on design issues.
We also request a preliminary budget and schedule so that we may prepare for our contribution.
Additionally, we need to confirm the credit for the City's right-of-way contribution and I assume that
Harris County will prepare a draft Interlocal Agreement for our review.
The Council and the entire community are excited about this project and we hope that Phase II is not
far behind. In fact, we would like to meet with you as soon as possible to discuss how to plan for this
phase.
Please advise if you need any additional information from us. Doug Kneupper P.E., Director of
Planning, will be the Cityls primary contact for design issues. The City Manager's office will continue
to work with you on the Interlocal Agreement and general policy matters.
Sincerely,
Robert T. Herrera, City Manager
xc: Elmo Wright, Chief of Staff
Bob Castille, Harris County Engineering Division
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BAY AREA BOULEVARD
OVERVIEW OF PHASES I & II
Summarized from: Bay Area Boulevard and Sens Road Study and Report
Prepared By: Binkley & BarfieJd, Jnc., Consulting Engineers
PROPOSED ROADWAY
Harris County, Precinct 2, is planning to extend Bay Area Blvd. northward from
its intersection with Fairmont Parkway to join existing Sens Road at its
intersection with Spencer Highway. The newly constructed portion of Bay Area
Blvd. will be constructed as a 4-lane divided roadway with a median drainage
ditch. This section is referred to as Phase I.
In addition, Sens Road Sens Road may be reconstructed between Spencer
Highway and SH 225. This reconstructed roadway will likely be constructed as a
5-lane concrete roadway with a buried storm sewer system. This section is
referred to as Phase II.
EXISTING DRAINAGE CONDITIONS
There are three major watersheds that may be impacted by new construction and
drainage from the Phase I and Phase II improvements: F101, F216 (little Cedar
Bayou), and A104-07 (Taylor Bayou System).
F101 is currently being widened significantly. Based on extensive studies by
Harris County Flood Control District (HCFCD), this improved channel is expected
to provide drainage for the fully developed conditions within its watershed.
Approximately one-half of Sens Road currently drains into F101.
F216 is a small unimproved natural channel that drains eastward to Galveston
Bay. This channel is not adequate to handle existing flows, and no additional
flows can be added without mitigating the negative impacts. The middle one-
fourth of Sens Road drains into F216.
The south one-fourth of Sens Road drains into the existing storm sewer system
at Spencer Highway, which in turn outfalls to A104-07. In addition, the entire
Phase 1 roadway will drain into A 104-07. Any increase in flows to A 104-07
should be mitigated to insure that there are no adverse affects to the Taylor Lake
and Clear Lake areas,
Page 1 of 4
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PROPOSED DRAINAGE OPTIONS
Phase I and Phase II will be designed and constructed at different times by
different design engineers. Since Phase I will be constructed first, it is necessary
to evaluate potential drainage options for Phase II at this time. This will insure
that any drainage facilities that must be built in Phase I to accommodate the
drainage of Phase II are designed properly, avoiding expensive duplication
and/or unnecessary replacement of drainage facilities. The Precinct's consultant
analyzed 12 different drainage plans consisting of different combinations of
drainage options for Phases I and II. The existing area for Phase I drains to the
south and east and is intercepted on the south by Fairmont Parkway and on the
east by A104-07. The recommended alternative requires Phase I to be
constructed with a median drainage ditch. All Phase I flows will drain to a
proposed ditch located toward the south end of Phase I, and then into A104-07.
For Phase II, the recommended alternative indicates the northern one-half will
drain into F101 and no mitigation measures will be required. A significant
amount of the drainage from the middle one-fourth and all the drainage from the
south one-fourth will drain through Phase I. This will require planning and
analysis to insure the proper facilities are constructed in Phase I to accommodate
the drainage from portions of Phase II.
PRIMARY DRAINAGE CONCERNS
Construction of a new roadway (Phase I) and widening an existing roadway
(Phase II) will likely result in increased runoff. The F216 watershed and the
A 104-07 watershed cannot accept additional flows without channel modifications
and/or mitigation measures, such as detention. By diverting flow southward from
Phase II out of the F216 watershed into the A 104-07 watershed, it may be
possible to eliminate the need for detention in F216, and provide a single
detention facility in the Phase I area. This will be accomplished by the median
ditch scenario of Phase I. The median ditch may be designed such that the
storage volume within the ditch provides a significant portion of the detention
required for mitigation of increased flows.
Spencer Highway was designed to meet Texas Department of Transportation
(TxDOT) criteria for storm sewer systems. Based on TxDOT criteria, no
additional flows can be accommodated in the Spencer Highway storm sewer
system. Therefore, the report recommends intercepting some existing flow from
the Spencer Highway drainage system and replacing it with some flows from the
southern portion of Phase II.
The roadway and drainage systems are being designed in accordance with
Harris County criteria. A fundamental aspect of this criteria is that the drainage
system is being designed to convey runoff from the roadway and 150 feet of the
Page 2 of 4
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adjacent property. If development occurs beyond this 150-foot area, increased
flows from the development should be mitigated through the use of detention or
other means if these flows are directed into the roadway storm sewer. Bringing
developed drainage flows into the roadway storm sewer from outside the 150-
foot area without any mitigation, could create flooding problems with the road and
the property adjacent to the road.
RECOMMENDED PLAN AND COST ESTIMATES
(Excerpts from the Bay Area Blvd. and Sens Road StUdy and Report)
The recommended plan as described above, has the lowest cost of the 12
options analyzed with a total estimated cost of $14,407,000 for Phases I and II.
The second lowest estimated cost is $15,464,000. In addition, the recommended
plan has the lowest first cost (cost of Phase I alone) of $8,381,000.
Based on the cost estimates provided, the best option for the City of La Porte
and Harris County for the construction of roadways and drainage systems for
Phase I and Phase II is as follows:
· Construct Phase I as a 4-lane divided concrete roadway with an open median
ditch. This wjJJ require 200-foot wide right-of-way the entire length.
· The outfall for Phase I will consist of an open ditch north of and parallel to
Fairmont Parkway, extending to A104-07. This will require 150-foot wide right-
of-way or drainage easement.
· A104-07 will be improved with a concrete low flow section from the
intersection of the Phase I outfall to a point approximately ~ mile south of
Fairmont Parkway.
. Phase I will be constructed to intercept existing drainage flow from the
Spencer Highway system.
· Phase II will be constructed as a 5-lane concrete curb and gutter roadw~y
with buried storm sewers.
. The south one-half of Phase II will be designed to divert drainage flows from
the F216 watershed southward to Phase I.
. The median ditch in Phase I provides sufficient detention to mitigate the
excess flows from the construction of Phases I and II, making it unnecessary
to construct additional detention facilities in Phase II.
. Precinct 2 should encourage and participate in improvements to F216. Based
on the recommended plan, no mitigation measures wjJJ be required in F216,
Page 3 of4
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however, the water surface in F216 should be lowered to provide for
adequate drainage for the middle portion of Phase II.
· Since the entire projed is within an area that has been industrialized for a
period of time, an Environmental Assessment should be performed during the
design of each sed ion of roadway.
In summary, the recommended plan ~s described in this report should be
followed for Phase I and Phase II, with additional future improvements to F216 in
partnership with the City of La Porte and Harris County Flood Control Distrid.
The construction cost of Phase I and Phase II including drainage systems is
~ estimated to be $14,407,000. The construdion cost for Phase I alone is
estimated to be $8,381,000, excluding any future improvements to F216.
Page 4 of 4
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PHASE I BAY AREA BOVLEVARD
SENS ROAD
FAlRMONT PARKWAY ,f .
EXIST. OUTFAlL CHANNELS
- - PIPEUNES
PROPOSED ROADWAYS
EXHIBIT 2
BiDIdey " Bmtield.1Dc.
CcmsuItiDcJ ~reers
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REQUEST FOR CI
Agenda Date Requested: March 15 19 9
Requested By: Ste hen L. Barr
XX Report Resolution
L AGENDA ITEM
Department: Parks & Recreation
Exhibits:
1.
2.
Sealed Bid #0725 - Plaster Renovation of Northwest Park Pool
Bidder's List
SUMMARY & RECOMMENDATION
The City of La Porte has requested sealed bids for plFlster renovation of the City of La Porte,
Northwest Park Pool. Sealed Bids were mailed to eight vendors. Bids were opened on March 1, 1999.
One bid was received.
The project was bid in sections with a base bid including Item 1) Remove and Replace Bottom
Inlets; Item 2) Pool Surface Preparation; a portion of Item 4 (Depth Markers, "No Diving'~ and "No Running"
Markers, and Item 5) Re-plaster Pool Surface. Item 3) Crack Repair; Item 4) any additional Re-tiling; and
Option 1) are to be completed on an As Needed basis, with no charge for crack repair. Quality Pool and
Management, Inc., a reputable pool service company, has submitted the sole base bid for Items 1,2,4,
& 5 meeting specifications for this project in the amount of Twenty Three Thousand Two Hundred Eighty
Seven Dollars and Fifty Cents ($23,287.50). The extent of any needed repairs to the tile and coping will
be identified and negotiated with the contractor if or when they become apparent during the course of the
project, and charges for work required to complete the project, will be computed on an as-needed basis.
The water inlets at Northwest Pool are in the floor of the pool, as are the inlets at the Wave Pool.
The City has taken steps in the specifications to assure that the integrity of the water circulation pool is
addressed through a pre-construction test and a post-construction test of the water circulation system. The
bottom inlets must be replaced in order to perform the tests of the circulation system.
Staff Recommendation:
Staff recommends the award of a the base bid for plaster renovation of the Northwest Park Pool
in the amount of ($23,287.50) to sole bidder, Quality Pool and Management, Inc:; with additional charges
to be computed on an as needed basis, not to exceed Six Thousand Two Hundred Twelve Dollars and Fifty
Cents ($6,212.50). Funding for this project has been set aside in the Capital Improvement Budget in the
amount of $29,500.00.
Action Required by Council:
Award contract to Quality Pool and Management, Inc. as low bidder meeting specifications in the
amount of $23,287.50 with additional charges as needed, not to exceed a total of $29,500.00 for plaster
renovation of the Northwest Park Pool.
Availability of Funds:
General Fund
XX Capital Improvement
Other
WaterlWastewater
_ General Revenue Sharing
Account Number: 015-9892-771-11-00 Funds Available: XX YES NO
Approved for City Council Aaenda
a~ T. ~
Robert T. Herrera
City Manager
2=JD.~q
Date
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BIDDER'S LIST
SEALED BID #0765
REPLASTERlRETILE OF NORTHWEST POOL
AGUA BLUE
PO BOX 420242
HOUSTON TX 77242-0242
ATTN JULIAN MRENO
(713) 468-8571
AUSTIN POOL PLASTERING
7819 BARBERTON DRIVE
HOUSTON TX 77036
ATTN ROBERT TOMLINSON JR.
(713) 781-8453
BLUE HAVEN
2201 HWY 6 SOUTH
HOUSTON TX 77077
ATTN CRAIG MUENCHOW
(281) 497-5711
OLYMPIC POOLS
6734 LARKWOOD
HOUSTON TX 77074
ATTN DAVID SNELLING
(713) 779-7700
POOL WORKS INC
16134 ESPINOSA
HOUSTON TX 77083
ATTN ALAN WILLIAMS
(713) 495-4200
QUALITY POOL
2614 CHERRY LANE
PASADENA TX 77502
ATTN JAMIE WHITFIELD
(281) 941-2154
SUNBEL T POOLS
11215 JONES ROAD W SUITE F
HOUSTON TX 77085
ATTN RON ROACH
281-469-0090
TOTAL POOL SERVICE
807 TERRYHOLLOW
CHANNELVIEW TX 77530
CHAMBER OF COMMERCE
PO BOX 996
LA PORTE TX 77572-0996
BAYSHORE SUN PUBLISH DATES:
FEBRUARY 21,1999
FEBRUARY 28, 1999
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 15 1999
Requested By: Ste hen L. Barr
Department: Parks & Recreation
xx Report
Exhibits: 1.
Resolution Ordinance
Sealed Bid #0767 - Intake Fans and Exhaust Louvers for
La Porte Recreation & Fitness Center
Bid Tabulation & Bidder's List
2.
SUMMARY & RECOMMENDATION
The City of La Porte has requested formal bids for intake fans and exhaust louvers
for the La Porte Recreation & Fitness Center. Bidding documents were delivered to seven
contractors. Three (3) contractors returned bids, with two No Bids, for the equipment
speCified; the bids were opened on March 9, 1999. This project was necessary due to a
small tornado that struck the Recreation & Fitness Center in the third quarter of last year.
After inspection of the damage, staff discovered additional unrelated damage to the
exhaust fans caused by airborne chlorine being picked up from the pool surface. Staff then
asked a consultant to review the design and make recommendations for replacement. The
replacement project consists of: Item 1 - Remove exhaust fans and replace with intake
fans; Itf;!m 2 - Install relief hood covers; Item 3 - Remove five glass panels and install
exhaust louvers.
The low bidder meeting specifications for the project was Beltway Air Conditioning &
Heating with a bid of Forty Three Thousand One Hundred Seventy Three Dollars and Eighty-
Seven Cents ($43,173.87). Funds in the amount of $45,000 are available in the Capital
Improvement budget for this item. After review, staff recommends acceptance of the bid
by Beltway Air Conditioning & Heating. as low bidder meeting specifications and within
budget.
Staff Recommendation:
Staff recommends that the bid submitted by Beltway Air Conditioning & Heating,
be accepted as low bidder meeting specifications for this project.
Action Required by Council:
Consider award of bid to Beltway Air Conditioning & Heating for intake fans and
exhaust louvers for the La Porte Recreation and Fitness Center.
Availability of Funds:
General Fund WaterlWastewater
XX Capital Improvement _ General Revenue Sharing
N/A
Account Number: 015-9892-770-1100 Funds Available: XX YES NO
Approved for City Council Aaenda
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CITY OF LA PORTE
INTEROFFICE MEMORANDUM
MARCH 9, 1999
TO:
FROM:
STEPHEN BARR, DIRECTOR OF PARKS & RECREATION
SUSAN KELLEY, PURCHASING MANAGER rf ~
SEALED BID #0767 - INTAKE FANS AND EXHAUST LOUVERS FOR LA
PORTE RECREATION & FITNESS CENTER
SUBJ:
Advertised, sealed bids #0767 - Intake Fans and Exhaust Louvers for La Porte
Recreation & Fitness Center were opened and read on March 9, 1999. Bid requests
were mailed to seven (7) vendors with three (3) returning bids and two (2) no-bids.
Beltway Ale and Heating submitted low bid meeting specifications in the amount of
$43,173.87.
Please submit your recommendation with an agenda request form by the prescribed time
before the next regular council meeting. If there is a need to delay bringing this bid before
council, please notify me.
Attachment: Bid Tabulation
Bidder's List
INTAKE FANS & EXHAUST LOUVERS
-
BID TABULATION
e
COMMODORE DIRK ITRIBBLE &
CONSTRUCTION I HARMSEN STEPHENS
METCO
SHEET
METAL &
WELDING
BEL TWA Y AlC
& HEATING
NO BID
NO BID
$8,300.00
$7,529.00
$7,985.50
4
QTY
DESCRIPTION
Remove Exhaust Fans and
Replace w/lntake Fans
NO BID
NO BID
NO BID
NO BID
$1,000.00
$3,150.00
$3,428.00
$2,552.00
$869.56
$1,898.55
2
5
nstall Relief Hood Covers
Remove Glass Panels and
Install Exhaust Louvers
1)
2)
3)
NO BID
NO BID
$50,950.00
$49,732.00
$43,173.87
TOTAL
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BID LIST
RFC INTAKE FANS/EXHAUST LOUVER INSTALLATION PROJECT
BID #0767
COMMODORE CONSTRUCTION, INC.
55 LYERLY, SUITE 100
HOUSTON, TX 77022
DIRK HARMSEN CONSTRUCTION
2820 CENTER STREET
DEER PARK, TX 77536
FOLLIS CONSTRUCTION INC.
111 N. BROADWAY
LA PORTE, TX 77571
FORCE CORPORATION
PO BOX 1079
LA PORTE,TX 77572-1079
TRIMBLE & STEPHENS CONSTRUCTORS
P.O. BOX 0439
TEXAS CITY, TEXAS 77596-0439
BELTWAY AlC & HEATING
5419 SYCAMORE
PASADENA, TX 77503
METCO SHEET METAL & WELDING
7600 AIRLINE DRIVE
HOUSTON, TX 77037
CHAMBER OF COMMERCE
PO BOX 996
LA PORTE, TX 77572-0996
BAYSHORE SUN PUBLISH DATES:
FEBRUARY 21, 1999
FEBRUARY 28, 1999
. Page 1 of 5
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 15 19 9 ~A
Requested By: Ste hen L. Barr . ()----oepartment: Parks & Recreation
XX Report Resolution Ordinance
Exhibits:
1.
RFP #0075 - Request for Proposals for Lifeguarding Services
and Swimming Lessons at Various Neighborhood Pools
Summary and Bid List
2.
SUMMARY & RECOMMENDATION
The City of La Porte has requested proposals from responsible service companies in the
area to provide lifeguarding services at Fairmont Park Pool, San Jacinto Pool, and Brookglen
Park Pool for the City. Bid Proposals were mailed to four vendors, with two returning proposals.
The bids were opened on March 8, 1999. Staff has reviewed the proposals and determined that
the proposal submitted by the San Jacinto Y.M.C.A. is the proposal most advantageous to the
City of La Porte. This proposed contract will be for a four year period. The San Jacinto Y.M.C.A.
proposes to provide lifeguarding services for the upcoming year, at the same rate as last year;
with modest increases of approximately two percent per year over the remaining three years of
the contract. The company has not requested to increase swim lesson fees under the contract.
The City of La Porte has contracted lifeguarding services and swim lesson provision for
neighborhood pools through the San Jacinto Y.M.C.A. for the past two years with excellent
success. They have performed their responsibilities under the contract in a very satisfactory
manner. Staff believes that they will continue to provide excellent service for the City if this
contract is approved.
Staff Recommendation:
Staff recommends that the City enter into a contract with the San Jacinto Y.M.C.A. for
lifeguarding services and swim lessons at various pools, based on their proposal.
Action Required by Council:
Consider approval authorizing the City Manager to enter into a contract with the San
Jacinto Y.M.C.A. to provide lifeguarding services and swim lessons for various pools for the City
of La Porte.
Availability of Funds:
XX General Fund WaterlWastewater
_ Capital Improvement _ General Revenue Sharing
N/A
Account Number: 001-8081-551-5007 Funds Available: --1L YES NO
Approved for City Council Aaenda
G~ \~ ~
Robert T. Herrera
City Manager
3- 10 -I{t{
Date
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YOUNG MEN'S CHRISTIAN ASSOCIATION OF GREATER HOUSTON
CITY OF LA PORTE
CONTRACT FOR L1FEGUARDING SERVICES AT
BROOKGLEN PARK POOL, FAIRMONT PARK POOL, AND SAN JACINTO POOL
This Contract for Lifeguarding Services (the "Contract") is entered into by and between the YOUNG
MEN'S CHRISTIAN ASSOCIATION OF GREATER HOUSTON, doing business as SAN JACINTO
BRANCH OF THE YOUNG MEN'S CHRISTIAN ASSOCIATION, whose address is 1716 Jasmine,
Pasadena, Texas 77503, (hereinafter referred to as the ("SAN JACINTO Y.M.C.A.") and who
agrees to provide Iifefguarding services as an independent contractor, and not an agent or
employee, at the Brookglen Park Pool, located at 3324 Somerton, La Porte, Texas; Fairmont Park
Pool, located at 10216 Hillridge, La Porte, Texas; and the San Jacinto Pool, located at 618 San
Jacinto, La Porte, Texas; (hereinafter referred to as "the Poolslt) owned by the City of La Porte
(hereinafter referred to as "the City") according to the terms set forth in this Contract.
I.
The SAN JACINTO Y.M.C.A. agrees to perform the following services and to accept the following
obligation during the term of the Contract:
1. The SAN JACINTO Y.M.C.A. will monitor the Pools, deck and fenced areas daily during
"swimming season", May 27, 1999 through August +/-12, 1999 for Year 1 (see Appendix A),
and during subsequent swimming seasons as determined by the contract. This includes:
checking the PH level, chlorine level, adding chemicals (Head Guard/Supervisor only) as
needed and logging those readings and adjustments hourly during open swim hours;
checking the total alkalinity level and logging that reading on a weekly basis; policing
grounds for litter; sweeping and hosing off the deck area; bagging trash and placing trash
curbside on designated days for pickup; and cleaning restroom facilities daily.
2. The SAN JACINTO Y.M.C.A will furnish lifeguards during the hours of operation as stated
in Appendix A _SAN JACINTO Y.M.C.A guards will be at least sixteen (16) years of age.
The Head Guard/Supervisor shall have at least two (2) years experience as a lifeguard,
supervisor, or other applicable position, and shall be on duty during all hours that each pool
is in operation. The Head Guard/Supervisor for each shift will be designated by the SAN
JACINTO Y.M.C.A.. Guards will hold current Ellis & Associates, Y.M.C.A., or American
Red Cross Lifesaving certifications and will be certified in CPR and trained in first aid.
Training and certification process to be completed by the SAN JACINTO Y.M.C.A, at no cost
to the City. Staffing must be based on a ratio of twenty-five (25) swimmers per one (1)
lifeguard (25: 1 ). The City representative on site will determine the need to call in additional
lifeguards based on number of patrons at any given time in the pool. When the ratio of 25: 1
is exceeded, the City representative will notify the lifeguard on standby to go on duty and
notify the Contractor to provide an additional lifeguard at the site. The SAN JACINTO
Y.M.C.A retains the right to submit evidence to the City showing just cause which would
require a change in the number of lifeguards to properly oversee the Pools. If increased
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staffing is required, the additional cost will be figured according to the Cost Analysis set out
in Appendix B and invoiced by the Contractor during the same month, and remitted to the
Contractor in the monthly payment for services in the month in which it occurs. The SAN
JACINTO Y.M.C.A. will maintain minimum staffing levels at all times that the Pools remain
open to the public according to the schedule provided in Appendix A
3. If the Pools are closed due to weather conditions, the lifeguards will clear the pool area and
at least one (1) lifeguard will remain on the pool premises until normal closing hours unless
conditions warrant that it is unsafe to stay on the premises. The additional guards may leave
the premises but will be "on calllt at home pending clearing weather.
4. Alcohol and smoking are not permitted on park or pool grounds at any time by City
Ordinance.
5. The SAN JACINTO Y.M.C.A will have exclusive rights to organize and operate swimming
lessons at the Pools. Lessons will be conducted by SAN JACINTO Y.M.C.A. swimming
instructors and instructions will be part of the SAN JACINTO Y.M.C.A progressive swimming
program. Non-City residents participating in lesson programs must have private vehicle
transportation. Specifically, church, day care, and SAN JACINTO Y.M.C.A. buses and/or
vans are not to be used to bring groups of non-City residents to the lessons. Lessons will
follow SAN JACINTO Y.M.C.A. guidelines for teacher/student ratios. Lessons will be
scheduled during the hours that the Pools are closed for public swimming. Revenues
generated by swimming lessons shall be retained by the SAN JACINTO Y.M.C.A The SAN
JACINTO Y.M.C.A will organize, categorize, and distribute literature regarding various levels
of lessons to be offered, and collect revenues on site at the Pools. Revenue collection will
be completely separate from the City revenue collection process. The SAN JACINTO
Y.M.C.A. shall provide any marketing, advertisement, or other enticement for swimming
lessons at no cost to the City. The_SAN JACINTO Y.M.C.A. will provide schedules of
lessons and fees to the City prior to opening of the Pools for distribution upon request to
interested citizens. Citizens of the City of La Porte will have priority in enrolling for aquatic
lessons and will be given a Ten Dollar ($10) reduction on fees charged to "associate
memberslt of the SAN JACINTO Y.M.C.A, IF APPLICABLE.
6. The SAN JACINTO Y.M.C.A. staff employed at the Pools have a right to use the Pools for
required lap swim, which is required to retain their Red Cross or applicable certification,
during any hours the Pools are closed to the public for recreational swim; except after park
closing hours. Brookglen Park, Fairmont Park, and Central Park (site of San Jacinto Pool)
hours of operation are from 7:00 a.m. until 10:00 p.m. each day. The SAN JACINTO
Y.M.C.A shall furnish equipment for lifeguards as it deems necessary, which shall include
but not be limited to: whistles, lanyards, uniforms, hat or visor, sunsaeen, or other items
which may be required for lifeguard's protection or use.
7. The SAN JACINTO Y.M.C.A. and the City representative shall work in conjunction and be
responsible for the enforcement of the City Pool rules. A copy of rules to be enforced is
attached as Appendix C. The City shall post and maintain a Pool Rules sign.
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8. The SAN JACINTO Y.M.C.A. will be responsible for maintaining the premises and equipment
assigned, in good repair and the replacement of any equipment damaged or missing through
the Contractor's operation.. At the termination of the contract, the Contractor may remove
his own equipment, but will be responsible for leaving the premises in their original state of
repair, less normal wear and tear, or replace' or reimburse the city for any damaged or
missing equipment assigned to him. This will be done to the satisfaction of the City, prior to
releasing the Contractor of his sureties from obligation.
II.
The City agrees to perform the following services and to accept the following obligations during the
term of the Contract:
1. The City will pay the SAN JACINTO Y.M.C.A for services provided as described in Appendix
B of the contract during the four (4) month period commencing in May, 1999 and ending in
August, 1999 for Year 1 and in subsequent years of the contract (see Appendix A, B). In the
event of changes in Pools usage and staffing, this amount will be adjusted accordingly by
mutual agreement of both parties. The amount due for each month will be computed
according to the formula found in Appendix B for each year of the contract. The City will be
invoiced for the computed amount by the tenth (10th) day of the following month for services
rendered during the preceding month. The City will approve the invoice by signature and
process payment within fifteen (15) business days of receipt of the invoice. A late fee shall
be assessed at ten percent (10%) of the amount due that month if payment is not rendered in
the time prescribed herein.
2. The City will have administrative oversight of pool staff. The City, through its authorized
representative, shall decide any and all questions which may arise as to the acceptability of
services rendered and as to the manner of performance, all questions which arise as to the
interpretation of the conditions and specifications, and all questions as to the acceptable
fulfillment of the contract. The City will have the right to request replacement of personnel
who have demonstrated disregard for proper etiquette, failure to follow pool rules and
regulations, or violations of the terms of this contract or any other reason deemed in the best
interests of the City.
4. The City will collect all revenue at the pool sites, except for lesson revenues, which shall be
collected by the Contractor as herein provided. The City shall make all patron counts at the
Pools for purposes of staffing increases, if necessary, as required by ratios established
elsewhere in this contract.
5. The City will maintain the quality of the Pool's water and equipment in proper operating
order; staff provided by SAN JACINTO Y.M.C.A will contact the City to resolve any water
quality or equipment problems as they arise. The City will provide the necessary Pools
chemicals, equipmen~ and materials to operate the Pool.
6. The City will provide the necessary janitorial supplies for the sanitary operation of the
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restrooms and other materials and supplies as may be necessary for operation of the facility,
except those materials and supplies directly related to the lifeguard operations.
7. The City will provide an operational telephone (for business use only) at the Pools during the
term of this contract. The City agrees to provide the following safety equipment at the Pools
during public swim hours for the term of this contract; one (1) Shepherd's Crook with
separate pole; one (1) ring buoy with throw rope, one (1) backboard with 4 straps and head
immobilizer; three (3) rescue tubes; one (1) pair safety goggles; one (1) pair rubber gloves;
one (1) pair of steel-toed rubber boots; one (1) stocked first-aid kit; one (1) Material Safety
Data Book; one (1) approved fire extinguisher.
III.
The Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the contract, or any
part thereof, to any person, partnership, company or corporation without prior written consent of the
City of La Porte.
IV.
The SAN JACINTO Y.M.C.A. shall procure all permits and licenses, pay all charges and fees
necessary and incidental to the due and lawful conduct of the services. SAN JACINTO Y.M.C.A.
shall be fully informed of all existing and future National, State and Local laws, ordinances and
regulations which in any manner affect the fulfillment of the contract and comply with same.
v.
The SAN JACINTO Y.M.C.A shall provide a Performance Bond covering every and all
requirements of the contract, in the amount of $10,000 concurrent with the execution of the contract.
In lieu of a bond, a negotiable Certificate of Deposit from a bank in Harris County, Texas, or a
Letter of Credit from a bank in Harris County, Texas may be furnished.
VI.
The _SAN JACINTO Y.M.C.A agrees as its sole liability to indemnify, defend, protect, and hold
harmless the City of La Porte, its officers, employees, agents, and/or assigns from liability,
responsibility, or losses arising out of any negligent ad or omission or any willful wrongdoing on the
part of the SAN JACINTO Y.M.C.A., its officers, employees, agents, and/or assigns. The conduct
of swim lessons shall be a part of this indemnification.
VII.
The _SAN JACINTO Y.M.C.A. specifically agrees to assume sole and total liability to indemnify,
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defend, protect and hold harmless the City of La Porte from liability, responsibility or losses arising
from any and all incidents, accidents, or claims that may result from SAN JACINTO Y.M.C.A
conducted, sponsored or operated events to include but not be limited to; swim lessons, parties,
and other events conducted at the Pools.
The City agrees to indemnify, defend, protect, and hold harmless the SAN JACINTO Y.M.C.A. from
liability, responsibility, or loss arising out of any negligent act or omission or any willful wrongdoing
on the part of the City or any agent or employee of the City, but only insofar as said acts or
omissions relate to the provisions and undertakings of this contract.
VIII.
The SAN JACINTO Y.M.C.A. shall keep and maintain during the term of this contract, a
comprehensive general liability policy, with the City named as Additional Named Insured, with limits
of liability of not less than One Million Dollars ($1,000,000.00) combined single limit bodily injury
and property damage per occurrence. Thirty (30) days prior notice of policy cancellation shall be
provided to the City. The Contractor shall furnish the City with a Certificate of Insurance evidencing
such coverage. Such insurance shall include contractual liability insuring the indemnity contracts
contained in this contract.
IX.
All salaries to be paid as a result of this contract shall be in compliance with all existing and
future National, State and Local laws, ordinances and regulations which in any manner affect
the fulfillment of the contract and comply with same. The actual salaries shall be paid at the
discretion of the SAN JACINTO Y.M.C.A. The SAN JACINTO Y.M.C.A. shall furnish to the City
a certificate of insurance or other evidence showing property liability insurance coverage and
worker's compensation insurance coverage for its staff for the duration of the contract.
X.
The term of this contract shall be for a four (4) month period beginning in May, 1999 and ending
in August, 1999 according to the schedule shown in Appendix A. The City may extend the
contract for the same four (4) month period in the successive years, 2000, 2001, and 2002;
provided both parties agree in writing to the extension. If at any time, in the opinion of the City
of La Porte, the SAN JACINTO Y.M.C.A. has failed to render services of proper quality, or has
failed in any other respect to perform as specified and intended in and by the terms of the
contract, notice thereof in writing will be served; and should the Contractor neglect or refuse to
provide means for a satisfactory compliance with the contract, directed by the City, within the
time specified in such notice, the City shall have the power to suspend the operation of the
contract. Upon such suspension, the Contractor's control shall terminate and thereupon the
City may employ other parties to carry the contract to completion in such manner as they deem
proper. Any excess cost arising therefrom will be charged against the contractor and his
sureties, who will be liable therefore. In the event of such suspension and cancellation, all
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money due the contractor or retained under terms of the contract shall be forfeited to the City,
but such forfeiture will not release the contractor for his sureties from liability for failure to fulfill
the contract. The contractor and his sureties will be credited with the amount of money so
forfeited toward any excess cost incurred, arising from the suspension of the contract and the
completion of it by the City of La Porte as provided, and the contractor will be credited with any
surplus remaining after all just claims for such completion have been paid.
XI.
This instrument contains the entire contract between the parties relating to the rights granted in
the contract and the obligations assumed as a part of the contract. Any representations or
modifications concerning this contract shall have no force or effect unless modified in writing,
and signed by each party to the contract.
XII.
If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or
clause, of this contract shall, for any reason, not be legally or factually valid, such invalidity
shall not affect the remaining portions of this contract.
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The contract shall be in force from date of execution until August 17, 1999, unless extended in
writing pursuant to the terms in Section X. IN TESTIMONY WHEREOF, this instrument has
been executed in duplicate, each to have the effect of an original as follows:
(A)
It has been executed on behalf of the City on the _ day of _' 1999, by its City
Manager and attested by its City Secretary, pursuant to an Ordinance of the City
Council of the City of La Porte, authorizing such execution; and
~h s been executed on behalf of the SAN JACINTO Y.M.C.A. on the '~...:~ay of
, ,1999, by Executive Officer of the SAN JACINTO Y.M.C.A. and attested by its
S cretary, authorizing such execution.
(B)
CITY OF LA PORTE
By: ~~ T. \~
Robert T. Herrera, City Manager
ATTEST:
fY!1fJH,t>>.A~
Martha Gillett, City Secretary
Y.M.C.A. OF GREATER HOUSTON
By: /2J; {I~" ~ (.1
paul~~n, Chie Financial Officer
By:
JimH
ATTEST:
~~ti.~
Secreta
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APPENDIX A
Brookglen Park Pool
3324 Somerton
La Porte, Texas
Fairmont Park Pool
10216 Hillridge
La Porte, Texas
San Jacinto Pool
618 San Jacinto
La Porte, Texas
The Pools 1999 season is scheduled as follows
The Pools will open to the public on the day after the last day of the L.P.I.S.D. school year. For the
first year of this contract: May 28 1999. The Pools will close on the day prior to the first day of the
regular L.P.I.S.D. school year. For the first year of this contract: +/- August 12, 1999.
Days and Hours of operation are as follows:
Tuesday through Sunday of each week the Pools will open at 12:00 noon and
close at 6:00 p.m.
Monday, May 31, 1999 (Memorial Day) the Pools will open at 12:00 noon and
close at 6:00 p.m.
The _SAN JACINTO Y.M.C.A. shall begin operations with sufficient timing to provide the services
contracted at the beginning dates specified above, and continue through the end of the dates
specified above at the Pools.
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APPENDIX B
ESTIMATED COST SCHEDULE FOR L1FEGUARDING SERVICES PROVIDED
BROOKGLEN PARK POOL YEAR 1
#OF DAYS HOURS POOL # OF GUARDS HOURLY RATE MONTHLY RATE
PER MONTH OPERATED UTILIZED PER GUARD FOR POOL OPERATION
3 6 2 9 324.00
26 6 2 9 2,808.00
27 6 2 9 2,916.00
9 6 2 9 972.00
1 3 13 WEEKS 9 351.00
7,371.00
MINISTRA TIVE FEE 15% 1,105.65
IMATED SERVICES, BROOKGLEN PARK POOL 8,476.65
MAY
JUNE
JULY
AUGUST
CLEANING
SUBTOTAL
AD
TOTAL EST
ESTIMATED COST SCHEDULE FOR L1FEGUARDING SERVICES PROVIDED
FAIRMONT PARK POOL YEAR 1
MAY
JUNE
JULY
AUGUST
CLEANING
SUBTOTAL
ADMINISTRA
TOTAL EST
#OF DAYS HOURS POOL # OF GUARDS HOURLY RATE MONTHLY RATE
PER MONTH OPERATED UTILIZED PER GUARD FOR POOL OPERATION
3 6 2 9 324.00
26 6 2 9 2,808.00
27 6 2 9 2,916.00
9 6 2 9 972.00
1 3 13 WEEKS 9 351.00
7,371.00
TIVE FEE 15% 1,105.65
IMATED SERVICES, FAIRMONT PARK POOL 8,476.65
ESTIMATED COST SCHEDULE FOR L1FEGUARDING SERVICES PROVIDED
SAN JACINTO POOL YEAR 1
#OF DAYS HOURS POOL # OF GUARDS HOURLY RATE MONTHLY RATE
PER MONTH OPERATED UTILIZED PER GUARD FOR POOL OPERATION
3 6 2 9 324.00
26 6 2 9 2,808.00
27 6 2 9 2,916.00
9 6 2 9 972.00
1 3 13 9 351.00
7,371.00
MINISTRATIVE FEE 15% 1,105.65
IMATED SERVICES, SAN JACINTO POOL 8,476.65
MAY
JUNE
JULY
AUGUST
CLEANING
SUBTOTAL
AD
TOTAL EST
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ESTIMATED COST SCHEDULE FOR L1FEGUARDING SERVICES PROVIDED
BROOKGLEN PARK POOL YEAR 2
MAY
JUNE
JULY
AUGUST
CLEANING
SUBTOTAL
ADM
TOTAL ESTI
#OF DAYS HOURS #OF HOURL Y MONTHL Y RATE
POOL GUARDS RATE
, PER OPERATED UTILIZED PER GUARD FOR POOL
MONTH OPERATION
10 6 2 9.18 1,101.60
26 6 2 9.18 2,864.16
27 6 2 9.18 2,974.32
10 6 2 9.18 1.101.60
1 3 13 9.18 358.02
8,399.70
INISTRATIVE FEE 15% 1,259.96
MATED SERVICES, BROOKGLEN PARK POOL 9,659.66
ESTIMATED COST SCHEDULE FOR L1FEGUARDING SERVICES PROVIDED
FAIRMONT PARK POOL YEAR 2
MAY
JUNE
JULY
AUGUST
CLEANING
SUBTOTAL
ADM
TOTAL ESTI
# OF DAYS HOURS #OF HOURL Y MONTHL Y RATE
POOL GUARDS RATE
PER OPERATED UTILIZED PER GUARD FOR POOL
MONTH OPERATION
10 6 2 9.18 1,101.60
26 6 2 9.18 2,864.16
27 6 2 9.18 2,974.32
10 6 2 9.18 1,101.60
1 3 13 9.18 358.02
8,399.70
INISTRA TIVE FEE 15% 1,259.96
MATED SERVICES, FAIRMONT PARK POOL 9,659.66
ESTIMATED COST SCHEDULE FOR L1FEGUARDING SERVICES PROVIDED
SAN JACINTO POOL YEAR 2
MAY
JUNE
JULY
AUGUST
CLEANING
SUBTOTAL
ADMINISTRA
TOTAL ESTI
#OF DAYS HOURS POOL # OF GUARDS HOURLY RATE MONTHLY RATE
PER MONTH OPERATED UTILIZED PER GUARD FOR POOL
OPERATION
10 6 2 9.18 1,101.60
26 6 2 9.18 2,864.16
27 6 2 9.18 2,974.32
10 6 2 9.18 1,101.60
1 3 13 9.18 358.02
8,399.70
JIVE FEE 15% 1,259.96
MATED SERVICES, SAN JACINTO POOL 9,659.66
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ESTIMATED COST SCHEDULE FOR L1FEGUARDING SERVICES PROVIDED
BROOKGLEN PARK YEAR 3
POOL
MAY
JUNE
JULY
AUGUST
CLEANING
SUBTOTAL
ADMINISTRA
TOTAL EST
#OF DAYS HOURS POOL # OF GUARDS HOURLY RATE MONTHLY RATE
PER MONTH OPERATED UTILIZED PER GUARD FOR POOL OPERATION
10 6 2 9.37 1,124.40
26 6 2 9.37 2,923.44
27 6 2 9.37 3,035.88
10 6 2 9.37 1,124.40
1 3 13 9.37 365.43
8,573.55
TIVE FEE 15% 1,286.03
IMATED SERVICES, BROOKGLEN PARK POOL 9,859.58
ESTIMATED COST SCHEDULE FOR L1FEGUARDING SERVICES PROVIDED
FAIRMONT PARK POOL YEAR 3
#OF DAYS HOURS POOL # OF GUARDS HOURLY RATE MONTHLY RATE
PER MONTH OPERATED UTILIZED PER GUARD FOR POOL OPERATION
10 6 2 9.37 1,124.40
26 6 2 9.37 2,923.44
27 6 2 9.37 3,035.88
10 6 2 9.37 1,124.40
1 3 13 9.37 365.43
8,573.55
liVE FEE 15% 1,286.03
IMATED SERVICES, FAIRMONT PARK POOL 9,859.58
MAY
JUNE
JULY
AUGUST
CLEANING
SUBTOTAL
ADMINISTRA
TOTAL EST
ESTIMATED COST SCHEDULE FOR L1FEGUARDING SERVICES PROVIDED
SAN JACINTO POOL YEAR 3
MAY
JUNE
JULY
AUGUST
CLEANING
SUBTOTAL
ADMINISTRA
TOTAL EST
#OF DAYS HOURS POOL # OF GUARDS HOURLY RATE MONTHLY RATE
PER MONTH OPERATED UTILIZED PER GUARD FOR POOL OPERATION
10 6 2 9.37 1,124.40
26 6 2 9.37 2,923.44
27 6 2 9.37 3,035.88
10 6 2 9.37 1,124.40
1 3 13 9.37 365.43
8,573.55
liVE FEE 15% 1,286.03
IMATED SERVICES, SAN JACINTO POOL 9,859.58
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ESTIMATED COST SCHEDULE FOR L1FEGUARDING SERVICES PROVIDED
BROOKGLEN PARK POOL YEAR 4
#OF DAYS HOURS POOL . # OF GUARDS HOURLY MONTHLY RATE
RATE
PER MONTH OPERATED UTILIZED PER GUARD FOR POOL OPERATION
10 6 2 9.56 1,147.20
26 6 2 9.56 2,982.72
27 6 2 9.56 3,097.44
10 6 2 9.56 1,147.20
1 3 13 9.56 372.84
8,747.40
TIVE FEE 15% 1,312.11
IMATED SERVICES, BROOKGLEN PARK POOL 10,059.51
MAY
JUNE
JULY
AUGUST
CLEANING
SUBTOTAL
ADMINISTRA
TOTAL EST
ESTIMATED COST SCHEDULE FOR L1FEGUARDING SERVICES PROVIDED
FAIRMONT PARK POOL YEAR 4
MAY
JUNE
JULY
AUGUST
CLEANING
SUBTOTAL
ADMINISTRA
TOTAL EST
ESTIMATED COST SCHEDULE FOR L1FEGUARDING SERVICES PROVIDED
SAN JACINTO POOL YEAR 4
#OF DAYS HOURS POOL # OF GUARDS HOURLY MONTHLY RATE
RATE
PER MONTH OPERATED UTILIZED PER GUARD FOR POOL OPERATION
10 6 2 9.56 1,147.20
26 6 2 9.56 2,982.72
27 6 2 9.56 3,097.44
10 6 2 9.56 1,147.20
1 3 13 9.56 372.84
8,747.40
TIVE FEE 15% 1,312.11
IMATED SERVICES, FAIRMONT PARK POOL 10,059.51
MAY
JUNE
JULY
AUGUST
CLEANING
SUBTOTAL
ADMINISTRA
TOTAL EST
# OF DAYS HOURS #OF HOURL Y MONTHLY RATE
POOL GUARDS RATE
PER OPERATED UTILIZED PER FOR POOL
MONTH GUARD OPERATION
10 6 2 9.56 1,147.20
26 6 2 9.56 2,982.72
27 6 2 9.56 3,097.44
10 6 2 9.56 1,147.20
1 3 13 9.56 372.84
8,747.40
TIVE FEE 15% 1,312.11
IMATED SERVICES, SAN JACINTO POOL 10,059.51
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APPENDIX C
CITY OF LA PORTE
AQUATICS GENERAL RULES AND REGULATIONS
The following rules were developed for your safety and protection. Please abide by them.
1. The lifeguard is the pool authority and will enforce all rules. If you encounter a problem, please contact the
Head Guard/Supervisor.
2. The following items / situations are not allowed:
Items: Gum Situations:
Cigarettes
Tobacco Products
Snorkels or tempered glass mask
Frisbees, tennis balls, or hard balls
Bicycles, skates, or skateboards
Diving in shallow areas
Profanity
Hanging on lane ropes
Horseplay
Public displays of affection
Throwing in bathers or allowing them to dive
from shoulders or knees
3. Fighting is forbidden.
4. Scuba equipment is not allowed.
5. No glass containers in the facility.
6. Please do not leave valuables unattended. We do not take responsibility for their loss or theft.
7. The pool will close for twenty minutes when thunder is heard or lightning is sighted and presents a danger to
the public. The pool will reopen twenty minutes after the last thunder is heard or lightning is seen.
8. Alcohol and drugs are not allowed in the pool area. (The only exception to this is rentals at the Wave Pool
where an alcohol permit has been obtained prior to the rental.) Intoxicated individuals will not be allowed into
the facility.
9. Dunking and chicken fighting are not permitted.
10. Fins must be wom only in the water. Walking on deck with fins is not permitted.
11. Nerf balls and air mattresses/inner tubes are allowed in the pool only if pool is not crowded.
12. Baby floats are allowed only if the child is being supervised, within arms reach, by an adult in the designated
area.
13. Plastic toys allowed inside the pool area only with adult supervision.
14. Patrons can not have children sitting on their shoulders.
15. Ten minutes to every hour there will be a ten minute safety check when all swimmers will be asked to get out
of the pool, except for adults swimming laps. (Exception Wave Pool.)
16. Showers must be taken each time before entering the pool after sunbathing with oil.
17. Swimsuits are required: no cutoffs with out prior approval from the Head Guard/Supervisor.
18. For the health and enjoyment of yourself and other swimmers, use restrooms as needed.
19. Persons who have evidence of infectious or communicable disease are prohibited from the pool.
20. Remove band-aids before entering the pool.
21. The stairs and ladders are for entering and exiting, do not congregate on stairs.
22. Please dispose of all trash in provided trash cans.
23. No swimming allowed when lifeguards are not present and on stand.
24. Animals are not allowed in the pool area.
25. Infraction of the above rules may result in loss of swimming privileges.
PaQe 13 of 14
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APPENDIX C (CONTINUED)
CITY OF LA PORTE
DIVING WELL RULES AND REGULATIONS
1. Must be able to swim unassisted to use diving boards.
2. No free swim allowed in diving well.
3. No life jackets or swim aides allowed when using the diving board.
4. Only one person allowed on the diving board at a time.
5. Wait for previous diver to reach ladder and exit before diving.
6. Dive or jump straight off end of board only.
7. Swim directly to the ladder and exit.
8. The following practices are not allowed:
Unsafe diving (handstands, gainers, cut-aways)
Running off board
Sitting on board
Repeated bouncing
Games (Jump or dive)
Goggles, masks or tins
Personal floatation devices
Hanging from the diving board
9. Parents or private instructors may not jump with the child from the board or wait in the water in front of the
board for the child to jump.
10. Lifeguards will enforce all rules for the safety of all divers.
11. Please use caution when diving.
*"w ..w.... ....w.,... .....w .. .
~ A.~.tlllt.
::~-~.
PRODUCER
JOHN L. WORTHAM & SON, L.L.P.
P.O. BOX 1388
HOUSTON, TEXAS 77251-1388
052286-00000-1999B-000645 OEB/BRW
INSURED
2/3
DATE IMMIDDIYYI
.' '. 09/04/98 @
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY (800) 553-6938
A NATIONAL UNION FIRE INSURANCE COMPANY
COMPANY (800) 553-6938
B INS. CO. OF THE STATE OF PENNSYLVANIA
YMCA OF THE GREATER HOUSTON AREA
ATTN: MS. SUSAN MIZE
P. o. BOX 3007
HOUSTON, TEXAS 77253
COMPANY
C
COMPANY
D
>>>,,,,,*"m'X'X""'V~"'~~mm::m~%m.fu:~ ...,.... ~f"~:::i:"" ~'~mm'q*im.m$.W:~"~~~*"",%:' "'::l" ,. ;,,,,,,.... ..,. l' ...**
&~~!Li&bw~_~~&Th"f Mi.~M~$.:~idt~M", ~im:::%~_itk<.:i$"~~.4&t*~l~:if-i:~ .. .~. ..... ~C > .'. '. ' '.,
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION LIMITS
DATE IMMIDDIYY, DATE IMMIDDIYY'
09/01/98 09/01/99 GENERAL AGGREGATE . 2 000 000
PROOUCTS . COMPIOP AGG . 2 000 000
PERSONAL" AOV INJURY . 1 000 000
EACH OCCURRENCE . 1 000 000
FIRE DAMAGE (Anyon. Ilrel 100 000
MED EXP (Anyone pereon' 5 000
09/01/98 09/01/99
COMBINED SINGLE LIMIT . 1 000 000
BODILY INJURY
IPer person)
BODILY INJURY
IPer eccldenll
PROPERTY DAMAGE .
A GENERAL UABILITY
X COMMERCIAL GENERAL LIABILITY
~)t. CLAIMS MADE [!] OCCUR
OWNER'S " CONTRACTOR'S PROT
GL 4570237RA
A AUTOMOBILE LIABILITY CA 4575311 RA
ANY AUTO
X ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X NON-OWNED AUTOS
GARAGE LIABILITY
ANY AUTO
AUTO ONLY. EA ACCIDENT .
OTHER THAN AUTO ONLY: i}'!WIMW!i@MMMtMf
EACH ACCIDENT .
AGGREGATE .
EXCESS UABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
B WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
EACH OCCURRENCE
AGGREGATE
.
.
WC 4550037RA
09/01/98
09/01/99
X STATUTORY LIMITS
@t~w~mt~~;;~i~ltt1ij~~~~~;;;~l~@i:
THE PROPRIETOR! X
PARTNERSIEXECUTIVE
OFFICERS ARE:
OTHER
INCL
EXCL
EACH ACCIDENT
DISEASE. POLICY LIMIT
DISEASE. EACH EMPLOYEE
. 1,000 000
. 1 000 000
. 1 000 000
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS CERTI FICA TE HOLDER I S I NCLUDED AS ADD IT IONAl I NSURED UNDER GENERAL l I AB I l ITY AND
AUTO LIABILITY AS REQUIRED BY WRITTEN CONTRACT. THE SAN JACINTO YMCA WilL MANAGE 3 POOLS: BRooKGLEN PARK POOL, lOCATED AT
3324 SOMERTON, LA PORTE, TEXAS; FAIRMONT PARK POOL, LOCATED AT 10216 HILLRIDGE, LA PORTE, TEXAS; AND SAN JACINTO POOL, LOCATED
AT 618 SAN JACINTO lA PORTE TEXAS.
CITY OF lA PORTE
ATTN: STEVEN BARR, PARKS & RECREATION
P.O. BOX 1115 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATNES.
_-..~ :=. TX ~72-'115 . . . " ~ __ . ,;r4"'2]v..~ 4r' ~"..J'~ '''B
~~w.J,ta.P~~Ii$.J~1:l~IDi'fB~,-s.: .'.. ~ :,t~" ...,,,.Wlw.iW..&t d~_,!i~' .,.<.,;,....x<~itf.L:liQ)...Qgt:,;...e.:..B.~L..d~
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PERFORMANCE BOND
CLP Project No
STATE OF TEXAS
BOND NO. 5958835
COUNTY OF HARRIS
Y.M.C.A. OF GREATER HOUSTON
D/B/A SAN JACINTO BRANCH OF
KNOW AlL MEN BY THESE PRESENTS: That THE Y. M. C . A. of
the City of PASADENA County of HARRIS I and State of TEXAS I as
principal. and SAFECO INSURANCE CO~hOrized under the laws of the State of
,. t t OF kI1Et~e:A b d ~ .. Is h Id d fi I b
· exas 0 ac as surery on on S .or pnnclpa , are e an Irm y ound unto
The City of La Porte (Owner), in the penal sum of TEN THOUSAND
dollars IS 10.000. 00) for the payment whereof, the said Principal and Surety bind
themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with
the Owner, dated the~day of .MYiJ ,1999, to which contract Is hereby
referred to and made apart hereof as fully and to the same extent as if copied at
length herein.
NOW. THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall faithfully perform said Contrad and shall in all
respects duly and faithfully observe and perform all and singular the covenants,
conditions and agreements in and by said contract agreed and covenanted by
the Principal to be observed and perfonned, and according to the true intent and
meaning of said Contract and the Plans and Specifications hereto annexed, then
this obligation shall be void; otherwise to remain in full force and effect;
"PROVIDED. HOWEVER, that this bond Is executed pursuant to the
prOVisions of Vernon's Texas Codes Annotated, Texas Government Code.
Chapter 2253, as amended and aI/liabilities on this bond shall be determined In
accordance with the provisions of said Article to the same extent as if it were
copied at length herein."
Surety, for value received, stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contr~ct. or to the
work performed thereunder, or the plans, specifications, or drawings
accompanying the same, shall in any way affect its obligation on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be performed thereunder.
Performance Bond 1 of 2
It
e
IN WITNESS WHEREOF. the said Principal and Surety have signed and
sealed this instrument this -21m day of APRIL I 1999.
Y.M.C.A. OF GREATER HOUSTON
D/B/A SAN JACINTO BP~CH OF
UUi'YM("A
Principal"
SAFECO INSURANCE COMPANY OF AMERICA
Surety
Title:
"?4!fL7i2.=r\'
PhylJis Ramirez
Att'orne -in-Fact
~600 W. TIDWELL. SU~'
HOUSTON, TEXAS 77040
By:
Title;
{J..,f[J J1L ·
(~ ~ C/h
- , (f By:
Address: 1716 JASMINE
PASADENA, TEXAS 77503
Address:
(713) 744-1750
The name and address of the Resident Agent of Surety is:
JOHN L. WORTHAM & SON. L.t.P.
p, O. BOX 1388
HOUSTON, TEXAS
77251-1388
Performance Bond 2 of 2
~
S A FEe 0-
POWER
OF A TIORNEY
- . ,
AFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
No. 6485
KNOW ALL BY THESE PRESENTS: BOND NO. 5958835
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby
appoint
.......................PHYIliS RAMIREZ; JANIE CERMENO; PHIUP N. BAIR; NANCY THOMAS; VICIE COLMAN; nMMYE LANGFORD; MILDRED L. MASSEY;
ERIC S. FEIGHL; Houston, TllXlIS....................................... ................... .................... .................... ..............................
its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character
issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
day of April
, 1999
this 14th
-t:!:R A g .
U..~
~~~
R.A. PIERSON, SECRETARY
W. RANDALL STODDARD, PRESIDENT
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Articie V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any
instrument making or evidencing such appointment, the signatures may be afftxed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By-Laws, and
(If) A copy of the power-of-attomey appointment, executed pursuant thereto, and
(Iii) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the
foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and
correct, and that both the By-Laws, the Resolution and the Power of Attomey are still In full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this
27TH
day of
APRIL
, 1999
...c;R t:1.2? ~
R.A. PIERSON, SECRETARY
S-0974/SAEF 7/98
4D Registered trademark of SAFECO Corporation.
4/14/99 POF
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e
IMPORTANT NOTICE
To obtain information to make a complaint:
You may write:
TEXAS DEPARTMENT OF INSURANCE
P. O. BOX 149104
AUSTIN, TEXAS 78714-9104
FAX #(512) 475-1771
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim,
you should contact John L. Wortham & Son, L.L.P. first. If the dispute
is not resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or
condition of the attached document.
e
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CITY OF LA PORTE
INTEROFFICE MEMORANDUM
MARCH 8, 1999
FROM:
STEPHEN BARR, DIRECTOR OF PARKS & RECREATION
SUSAN KELLEY, PURCHASING MANAGER ,) ~
RFP #0075 - L1FEGUARDING SERVICES AT VARIOUS POOLS
TO:
SUBJ:
The closing date for advertised, RFP #0075 - Lifeguarding Services at Various Pools was
March 8, 1999. Bid proposals were mailed to four (4) vendors with two (2) returning
proposals.
Copies of the proposals are attached for your review.
Please submit your recommendation with an agenda request form by the prescribed time
before the next regular council meeting. If there is a need to delay bringing this bid before
council, please notify me.
Attachment: Bidder's List
Bid Copies
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BIDDER'S LIST
LlFEGUARDING SERVICES AT VARIOUS POOLS
RFP 0075
AMERICAN RED CROSS
GREATER HOUSTON AREA CHAPTER
2700 SOUTHWEST FREEWAY
HOUSTON TX 77001-0397
SAN JACINTO Y.M.C.A.
1716 JASMINE
PASADENA TX 77503
ELLIS AND ASSOCIATES
3506 SPRUCE PARK CIRCLE
KINGWOOD TX 77345
QUALITY POOL & MANAGEMENT
2614 CHERRY LANE
PASADENA TX 77502
CHAMBER OF COMMERCE
PO BOX 996
LA PORTE TX 77572
BA YSHORE SUN PUBLISH DATES:
FEBRUARY 21, 1999
FEBRUARY 28, 1999
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D
REa.T FOR CITY COUNCIL AG_OA ITEM
Agenda Date Requested: March 15, 1999
Requested By: Steve Gillett~ Department:
XXX Report Resolution
Exhibits: Bid Recap Sealed Bids #0764 - Sign Materials
Public Works
Ordinance
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0764 for the annual supply of Sign Materials were
opened and read on February 15, 1999. Bid requests were mailed to nineteen
(19) vendors with seven (7) returning bids.
Low bid meeting specifications in bidding all items was submitted by Vulcan
Signs. Using estimated yearly quantities, the contract would be a total of
$39,652.38. This represents a 31% decrease from the last bid.
Staff recommends award of bid for the annual supply of sign materials to
Vulcan Signs, low bidder meeting specifications and bidding all items.
Funds for this contract are budgeted in the 1998/99 Annual Operating Budget
of the Street Maintenance Division.
Action Required by Council: Award bid for the annual supply of sign
materials to Vulcan Signs as recommended by Staff.
Availability of Funds:
XXX
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: 001-7071-531-2010
Funds Available:
XX YES
NO
Approved for City Council Agenda
Q~ 11 \~
Robert T. Herrera
r.i t" M;:In;::l(Tpr
~.\~-ll\'\
DATE
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CITY OF LA PORTE
INTEROFFICE MEMORANDUM
MARCH 5, 1999
FROM:
ORIVLLE BURGESS, STREETS SUPERINTENDENT
GINA FORD, PURCHASING TECH. II
SEALED BID #0764 - SIGN MATERIALS
TO:
SUBJ:
Advertised, sealed bids #0764 - Sign Materials were opened and read on February 15,
1999. Bid requests were mailed to nineteen (19) vendors with seven (7) returning bids.
Vulcan Signs submitted low bid meeting specifications in bidding all items. Total for the
year, using estimated quantities is $39,652.38. This is a 31% decrease from the last bid.
Copies of the bid are attached for your review.
Please submit your recommendation with an agenda request form by the prescribed time
before the next regular council meeting. If there is a need to delay bringing this bid before
council, please notify me.
Attachment Bid Tabulation
Bidder's List
Bid Copies
UNIVERSAL
DIE-CUT
CUSTOM
PRODUCTS
SIGNS &
BLANKS
BID TABULATIONS - SIGN MA TERIALS
ROAD
RUNNER
LYLE
SIGNS
NEWMAN
SIGNS
VULCAN
SIGNS
QTY
$67.91
$67.91
$279.00
$271.50
$339.75
.
NO BID
NO BID
NO BID
NO BID
$407.45
$3,449.59
$79.00
$79.00
$288.00
$271.67
$339.58
$11.50
$8.00
$145.00
$145.00
$9.50
$145.00
$407.45
$6,098.89
$69.75
$69.75
$309.60
$279.00
$348.75
$2.06
$2.00
NO BID
NO BID
NO BID
NO BID
$427.50
$3,588.15
$1.85
$1.20
$1.15
$2.70
$1.20
$3.85
.
$11.85
$3.29
$8.39
$1.70
$1.70
$1.03
$873.13
$2.15
$1.50
$1.50
$2.90
$2.25
$3.97
$3.97
$6.00
$13.30
$3.38
$8.45
$2.15
$3.23
NO BID
$978.30
$?98
$1.94
$2.09
$3.62
$1.94
$6.94
$5.18
$6.73
$17.29
$5.07
$1.76
$2.79
$2.79
$2.35
$1,.273.57
$89.00
$89.00
$488.20
$318.00
$389.00
$3.70
$3.70
$134.00
$134.00
$7.90
$99.62
$455.00
$6,026.68
$4.80
$3.75
$4.00
$5.18
$3.75
$8.75
$6.50
$7.82
$19.40
$6.65
, $20.85
$4.47
$4.47
$4.10
$1,975.38
$109.20
$109.20
$309.60
$436.80
$546.00
$1.75
$1.75
$130.40
$130.40
$130.40
$130.40
$655.20
$7,023.80
$1.80
$1.40
$1.40
$3.20
$1.40
$3.80
$3.80
$5.40
$11.50
$9.00
$7.20
$1.80
$1.80
$1.20
$964.40
$72.75
$72.75
$243.00
$297.00
$371.25
$3.80
$3.80
$95.00
$95.00
$5.40
$101.25
$445.50
$5,138.75
$70.50
$70.50
$413.04
$282,00
$352.50
$2.21
$1.98
$139.64
$118.44
$7.38
$98.44
$423.00
$5,409.08
8
1
1
1
4
30
30
5
2
50
4
2
DESCRIPTION
SECTION I
A REFLECTIVE SHEETING
1. 6"x50 yd. Colored
2. 6"~50 yd White (PS)
3. . 24"x50 yd Black (NR)
4. . 24"x50 yd Colored
5. 30"x50 yd Colored
6. 5/8"x1-1/8" Black (HA)
7. 5/8"x1-1I8" White (HA)
8.. 8" Tape w/4" Stripes
9. 8" Tape w/6" Stripes
10. 8" Tape w/6" Strps (PS)
11. 8" Tape Orange
12. 36"x50 yd Eng Gr (HA)
SUB-TOTAL
$6.10
$3.35
$4.22
$4.52
$3.35
$10.40
$6.97
$7.29
$23.83
$9.59
$8.50
$4.44
$4.44
$2.84
$1,982.16
$2.99
$1.89
$2.13
$3.13
$1.89
$5.79
$4.54
$4.93
$14.20
$5.73
$11.31
$2,51
$2.51
$2.46
$1,207.84
40
120
30
6
20
10
50
20
10
10
5
10
5
26
3"
2"
2"
4"
2"
5"
5"
6"
8" Black "D"
4" Black "D" A-Z
7" Black "D" A-Z
3" White "C" A-Z
3" Red "C" A-Z
1" White "C" A-Z
SUB-TOTAL
LETTERS
Black "c"
White "C"
Black "c"
White "B"
Red"C"
Black "C"
White "c"
White "B"
B.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14
.
.
UNIVERSAL
DIE-CUT
CUSTOM
PRODUCTS
SIGNS &
BLANKS
ROAD
RUNNER
LYLE
SIGNS
NEWMAN
SIGNS
VULCAN
SIGNS
$2.93
$1.80
$2.70
$3.85
$5.28
$17.25
$2.70
$1.70
..70
..03
$820.86
$3.11
$2.15
$4.50
$3.97
$6.17
$17 .50
$3.11
$2.15
$2.15
NO BID
$891.17
$4.65
$2.98
$3.75
$5.18
$7.06
$33.53
$3.75
$2.79
$2.79
$2.35
$1,348.19
$6.25
$4.80
$5.29
$6.50
$8.10
$34.90
$5.29
$4.47
$4.47
$4.35
$1,582.37
$3.20
$1.80
$3.20
$3.80
$5.40
$18.30
$9.00
$1.80
$1.80
$1.80
$894.20
$6.79
$6.10
$4.52
$6.97
$7.29
$33.20
$4.85
$4.44
$4.44
$2.84
$1,537.07
$4.91
$2.99
$3.51
$4.53
$5.78
$25.79
$3.52
$2.51
$2.50
$2.45
$1,118.92
QTY
12
20
10
30
40
20
5
10
6
10
DESCRIPTION
NUMBERS
4" Black 0-9
3" Black "C'
4" Red "C"
5" White "C"
6" White "C"
1 0" Black "E"
4" White "C" 0-9 .
3" White "C" 0-9
3" White "C" 0-9 (PS)
1" White "C" 0-9
SUB-TOTAL
C.
1.
2.
3.
4,
5.
6.
7.
8.
9.
10.
$1,.68
$6.31
$34.02
$34.02
$4.04
$5.05
$1.35
$4.04
$5.05
$4.04
$6.31
.31
.08
$8.08
$3.03
$4.04
$9.25
$9.53
$9.09
$3.03
$8.41
$3.79
$4.48
$3.03
$6.31
$0.51
$7.99
$2.41
$7.21
$36.00
$7.21
$4.76
$5.82
$1.66
$4.23
$5.82
$4.76
$7.21
$6.60
$9.05
$9.05
$3,59
$4.76
$12.76
$8.55
$10.16
$3.60
$8.74
$4.42
$4.79
$3.60
$7.21
$2.50
$8.74
$1.97
$6.75
$39.06
$6.75
$4.32
$5.40
$1.57
$4.32
$5.40
$4.32
$6.75
$6.75
$8.64
$8.64
$3.24
$4.32
$2.06
$2.00
$9.72
$3.24
$7.76
$4.86
$4.54
$3.24
$6.75
$1.63
$7.76
$2.44
$9.24
$36.54
$7.11
$4.85
$5.53
$2.18
$4.71
$5.65
$4.81
$6.75
$6.88
$8.62
$8.62
$3.66
$4.66
$8.44
$8.66
$9.71
$3.66
$8.71
$4.52
$4,80
$3.58
$6.80
$2,10
$7.80
$2.88
$8.89
$35.32
$8.89
$6.54
$6.89
$2.55
$4.79
$6.89
$6.54
$8.89
$7.25
$12.23
$12.23
$4.57
$6.54
$6.54
$6.54
$13.05
$4.57
$11.65
$5.91
$6.54
$4.57
$8.89
$2.56
$11.82
$5.25
$7.54
$37.79
$7.54
$5.30
$6.29
$2.62
$5,57
$6.29
$5.57
$7.54
$7.54
$9.25
$9.25
$4.30
$5.57
$9.71
$7.69
$10,27
$4.30
$11,77
$5.78
$5,30
$4.28
$7.54
$1.79
$11.43
$1.87
$6.25
$35.00
$6.25
$4.00
$5.00
$1.58
$4.00
$5.00
$4.00
$6.25
$6.25
$8.00
$8.00
$3.00
$4.00
$7.81
$7.99
$9.00
$3.00
$8.15
$3.96
$4.21
$3.00
$6.25
$1.55
$7.26
24
24
60
40
25
10
24
100
50
10
5
40
10
12
12
12
10
5
10
50
12
12
12
12
3
40
6
D. FACES
1. S4-1 School Zone Time
2. 30"x30" Do Not Enter
3. 30" School Crossing
4. 30" School Adv Warning
5, 24"x24" White wlBorders
6. 24"x30" Keep Right
7. 24"x8" Schooi"Sign
8. 24"x24" Stop Sign
9. .24"x30" Speed Limit
10. 24"x24" "Fresh Oil"
11. 30"x30" "Dead End"
12. 30" Stop Sign
13. 24"x48" Single Arrow
14.' 24"x48" Double Arrow
15. 18"x24" End School Zone
16. 24" Men Working
17. 5/8" Black Border
18. 5/8" White Border
19. 36"x36" Yellow wlBlack
20. 18"x24" White wlBlack
21. 30" Stop Ahead W3-1 A
22. 36" Yield R1-2
23. 24" No Trucks R5-2
24. 24"x18" One Way R6-2R
25. 30" Dip W8-2
26. 6"x12" 4-Way Stop R1-3
27. 30" Signal Ahead W3-3
.
,.
SIGNS &1 . CUSTOMI UNIVERSAL
BLANKS PRODUCTS DIE-CUT
,
ROAD
RUNNER
LYLE
SIGNS
NEWMAN
SIGNS
VULCAN
SIGNS
$12.75
$6.31
$5.05
$6.31
$6.31
$6.31
$3:03
$3.03
..31
W.05
$3.06
$1.51
$1.51
$1.51
$1.51
$6.31
$0.75
$0.75
$0.50
$1.68
$3.03
$4.48
$5.05
~03
"'31
$6.31
$6;31
$6.31
$27.38
$6,31
$4.41
$4.41
$3.03
$28.90
$36.13
$6.31
$6.31
$6.31
$6.31
$15.24
$7.21
$5.82
$7.21
$7.21
$7.21
$3.60
$3.60
$7.21
$5.82
$9.24
$1.86
$1.86
$1.86
$1.86
$7.21
$7.21
$2.90
$2.50
$5.00
$3.60
$4.76
$5.82
$3.60
$7.21
$7.21
$7.21
$7.21
$36.24
$7.21
$5.23
$5.23
$3.60
$11.50
$14.37
$7.21
$7.21
$7.21
$8.75
$6.19
$6.75
$5.40
$6.75
$6.75
$6.75
$3.24
$3.24
$6.75
$5.40
$8.25
$1.62
$1.62
$1.62
$1.62
$6.75
$6.75
$2.06
$1.63
$4.33
$3.24
$4.32
$5.40
$3.54
$6.75
$6.75
$6.75
$6.75
$36.50
$6.75
$4.32
$4.32
$3,24
$27.50
$34.38
$6.75
$6.75
$6.75
$4.06
$18.98
$6.88
$5.62
$6.81
$6.81
$6,81
$3.65
$3.65
$3.65
$5.70
$8.74
$2.14
$2.14
$2.14
$2.14
$6.89
$6.89
$2.84
$2.13
$6.77
$3.66
$4.81
$5.62
$3.62
$6.81
$6.81
$6.81
$6.81
$31.68
$6.81
$5.99
$5.99
$3.62
$32.48
$33.11
$6,81
$6.81
$6.81
$4,65
$12.80
$8.89
$6.89
$8.89
$8,89
$8.89
$4.79
$4.79
$8.89
$6.89
$9.52
$2.72
$2.72
$2.72
$2.72
$8.89
$8.89
$3.08
$2.56
$5.25
$4.57
$6.54
$6.89
$4.79
$8.89
$8.89
$8.89
$8.89
$32.81
$8.89
$6.54
$6.54
$4.57
$29.07
$35.34
$8.89
$8.89
$8.89
$4.27
$9.75
$7.54
$6.29
$7.54
$7.54
$7.54
$4.28
$4.28
$7.54
$6.29
$4.30
$2.80
$2.80
$2.80
$2.80
$7.54
$7.54
$1.90
$1.79
$2.80
$4.30
$6.24
$6.29
$4.28
$7.54
$7.54
$7.54
$7.54
$34.10
$7.54
$5.30
$5.30
$4.30
$11.25
$13.40
$7.54
$7.98
$7.98
$6.50
$18.25
$6.25
$5.00
$6.25
$6.25
$6.25
$3.00
$3.00
$3.00
$5.00
$8.15
$1.58
$1.58
$1.58
$1.58
$6.25
$6.25
$2.19
$1.55
$4.10
$3.00
$4.21
$5.00
$3.00
$6.25
$6.25
$6.25
$6.25
$31.02
$6.25
$5.35
$5.35
$3.00
$25.90
$32.38
$6.25
$6,25
$6.25
$3.90
QTY
6
4
24
12
12
4
24
24
2
24
24
24
24
24
24
12
12
50
50
50
50
10
30
10
20
6
25
3
40
6
12
12
24
12
12
24
24
30
50
I DESCRIPTION
D. FACES (continued)
28. Stop & Slow Paddles
29. 30" School Bus Warning
30. 24"x30" Detour M4-9
31. 30" Men Working W21-1
32. 30" Road Work Ahead
33. 30" Road Mach Ahead
34. 12"x36" Bridge H-1L
35. 12"x36" Bridge H-1R
36. 30"x30" Playground
37. 24"x30" Chevron W1-8
38. 18"x24" Neighborhood
39. 12"x18" No Park Any Time
40. 12"x18" No Parklng<--
41, 12"x18" No Parking <-->
42. 12"x18" No Parking --->
43. 30"x30" Sharp Turn
44. 30"x30" Curve
45.
46.
47.
48.
49.
50.
51.
52.
53,
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
12"x9"x.080 $50-$200 Fin
12"x6"x.080 Van Access
12"x18"x.080 Handicap P
18"x24" White wiRed
24" No (R/L)Trn R3-1 R3-
24"x30" White wlBrd
12"x36" One Way
30"x30" Orangew/Black
30"x30" Uneven Lanes
30"x30" Yellow w/Black
30"x30" Ped Xing
30"x30"x.080 Hi-Int Stop
30"x30" Left Lane Must Tr
24"x24" Hazard Cargo Rt
24"x24" No Hazard Cargo
1 8"x24" No Dumping
48"x30"x,OBO Road Close
60"x30"x.OBO Road Close
30"x30" Higll W:iter
30"x30" ''',.... ~- . \,'.r Road
30"x30" n
6"x30"x.
i
v, ~,t I Ov,,!,
Watch Ice 0" Brd
'.
-'.
UNIVERSAL
DIE-CUT
CUSTOM
PRODUCTS
SIGNS &
BLANKS
ROAD
RUNNER
LYLE
SIGNS
$9.57
$15.24
$6.10
$17.80
$1.81 $1.26
$7.12 $6.31.
$20.60 .:~O_
$10.12 ..08
$11.40 $11.56
$3.50 $2.89
$7.21 $6.31
$7.21 $6.31
$7.21 $6.31
$16,176.69 $15,048.01
m_l.IJ,liJ.gmll@t.r~mlm..]:
$6.50
$27.00
$8.67
$19.00
$14.00
NO BID
$7.08
$24.75
$6.19
$27.79
$12.00
$15.65
$5.08
NO BID
$6.49
$21.66
$8.94
$8.94
$3.54
$21.14
$1.35
$6.75
$33.44
-$9:07
$11.00
$3.25
$6.75
$6.75
$6.75
$16,059.76 $16,194.12
iWilltBtf,glif:H4:'tE.ff.iWIm$.llilll*JlI~i
$1.90
$6.81
$20.71
$8.94
$12.02
$3.66
$6.81
$6.81
$6.81
$6.63
$26.88
$9.52
$9.79
$4.25
NO BID
$2.14
$8.89
$19.54
$12.00
$26.88
$4.55
$8.89
$8.89
$8.89
$16,493.18
~@lgi.I$.:'-:lillli.~QI!1
NEWMAN
SIGNS
$3.55
$10.27
$6.50
$10.97
$3.80
$15.62
VULCAN
SIGNS
$4.28
$7,54
$22.00
$10.18
$5.30
$2.10
$7.54
$7.54
$7.54
$15,870.99
@m:?MlI!"'fr$.ID:~-glt~~
~~;j::,::::*1""1.<,..J.,.,:,...!!t~,..-::...~~.
$5.83
$20.87
$8.25
$8.06
$2.94
$10.95
$1.35
$6.25
$19.60
'$8.25
$11.36
$2.89
$6.25
$6.25
$6.25
$14,039.33
lIf&IIIfUOO:IDll'-lttll.lil!:l
QTY
50
12
12
50
30
50
50
12
100
12
12
12
12
6
6
DESCRIPTION
D. FACES (continued)
67. 18"x18"x.080 Spd Advisor
68. 36" Circle x .080 RR Xing
69. 18"x24"x.080 Buckle Up
70. 18"x18" End of Road
71. 6"x15" Object Markers
72. 66" Post WhlYel Eng gr.
73. 30"x6" Dead End
74. 30"x30" Adv Ped-Xlng
75. 24" Stop Dia. Gr
76"24"x48" Schl WhenFlshng
77. 24"x24'
78.
79.
,
.
x.080 Airport
24"x6"x.080 Arrow
30"x30" Deaf Child Area
80.a. 30"x30" Left Lane Closed
80.b. 30"x30" Right Lane Clos
I SUB-TOTAL
';x":::_,,..... ..,..Si!!!r'iS!oWi.~l~r.Wme.)Jtf'.ii
M~tmWf:ffi'~._._..~*~~~:J*~._~_l_.__ ~:i_.k.~).)l:i~:
NO BID
NO BID
NOBIDi
.BID1
BIDI
NOBID'I
NO BID
NOBIDI
NO BID'
NO BID
NO BID
NOBID
NO BID
NO BID
NOBID
NOBID
NO BID
NO BID
NOBID
$7.35
$2.41
$6.38
$5.85
$4.48
$4.42
$7.00
$23.80
$3.22
NO BID
$2.34
$6.22
$6.22
$4.61
$4.98
NO BID
NO BID
$8.64
$2.81
$5.90
$5.40
$5.15
$4.93
$7.50
$24.64
$8.00
$2.72
$6.26
$6.36
NO BID
NO BID
NO BID
NOBID
$112.00
$42.73
$4.83
$4.02
$2.32
$4.82
$7.50
$9.37
$13,50
$9.06
$3.01
$149.33
$43.75
$2.86
$3.76
$2.37
$4.67
$7.78
$9.72
$14.00
$9.72
$3.14
$120.68
$39.94
$4.41
$3.90
$2.49
$4.64
$7.28
$8.71
$13.44
$8.31
$3.66
$154.56
$39.28
$5.27
$4.43
$2.98
$4.84
$7.76
$9.47
$14.35
$9.33
$8.42
$2.52
$5.78
$5.78
$4.19
$4.19
$5.80
$122.00
$3.04
$144.00
$41.50
$4.42
$3,73
$2.15
$7.91
$2.13
$5.30
$4.79
$4.43
$4.36
$5.88
$25.81
$4.47
$7.09
$8.72
$12.31
$8.72
$2.56
$119,24
$37.78
$3.75
$3.15
$1,92
$4.01
$6.56
$8.18
$11.77
$7.37
100
50
60
50
100
100
50
4
100
2
50
75
100
8
80
50
80
20
75
SECTION I
A. Aluminum Blanks & Hardware
1. Caps & Crosses
2. 12"x18"x.080 Alum Blank
3. 24"x24"x.080 Alum Blank
4. 24"x24" Stop AI Blank
5. 6" Blade Holder, VS-9U<;:
6. 6" Blade Holder, VS-9 Cros
7. 6" & 4" Reflective Collars
8. Economy Tripod Stand
9. 6"x24" Extr. AI Blank
10. 2"x50 yds Diam. Gr Sheet
11. 30"x30"x.080 Dia Gr Stop
12. 6"x36" Exlr, Alulll Bialik
13. 6"x30" Exlr. Alum Blank
14.
15,
16.
17.
18,
19.
B"x24"x,080 Alum Blank
1 B"x24"x.080 Alum Blank
24"x30"x,OBO Alum Blank
30"x30"x.OBO Alum Bialik
36"x36"x,OBO Alum Blank
30"x30" Slop Alum Blank
UNIVERSAL
DIE-CUT
CUSTOM
PRODUCTS
SIGNS &
BLANKS
NOBIO'
NO BID
NO BID
NO BID
NO BID
NO BID
NO BID
NO BID
.BID
BID
NO BID
NO BID
NO BID
NO BID
NO BID
NO BID
NO BID
NO BID
NO BID
NO BID
NO BID
NO BID
NO BID
.BID
BID
$0.00
$12.00
$7.35
$1.08
$1.80
$7.00
$5.60
$13.00
$16.00
$19.00
$22.00
$57.00
$4.62
$0.23
$3.85
$1.14
$2.66
$3.80
$4.80
$34.80
$16.00
$52.00
$2.20
$6.40
$12.00
$13.00
$13,050.46
3.50
$12.44
NO BID
$0.85
$1.67
$7.59
$5.26
$19.99
$23.99
$27.98
$31.98
NO BID
NO BID
NOBID
NO BID
No BID
$3.01
$4.93
$4.67
$42.00
$15.55
NO BID
NO BID
$2.41
NO BID
NO BID
ROAD
RUNNER
$11.25
$7.83
$1.56
$2.14
$6.30
$5.14
$9.88
$12.31
$13.49
$15.41
$49.62
$5.64
$0.24
$4.84
$1.35
$2,69
$4.81
$4.65
$34.14
$14.53
$33.77
$0.69
$5.66
.. $7.71
$11.33
$12,535.35
LYLE
SIGNS
NEWMAN
SIGNS
$13.05
NO BID
$1.48
$2.17
$7.45
$6.52
$10.82
$12.75
$14.77
$14.87
NO BID
NO BID
NOBID
NO BID
NO BID
$2.72
NOBID
$5.06
$35.23
$16.33
NO BID
NO BID
$3.53
NO BID
NO BID
$11,00
$8.32
$1.06
$1.74
$6.43
$5.22
$5.48
$80.57
$2.37
$3.77
$4.47
$30.50
$13.62
$30.29
NO BID
$3.18
NO BID
NO BID
$10,939.22
$10.52
$12.35
$14.27
$16.09
$45.23
$5.07
$17.89
NO BID
$15.84
$9,717.67
.22
$14,242.77
00
VULCAN
SIGNS
$10.52
$7.78
$0.99
$1.50
$5.71
$4.33
$9.23
$11.07
$12.92
$14.76
$48.51
$4.98
$0.22
$4.18
$1.36
$2.14
$4.15
$4.05
$31.80
$13.06
$57.79
$1.12
$4.95
$6.88
$11.44
$11,442.21
$12.87
QTY
15
100
24
24
6
12
10
30
24
12
3
24
100
25
100
50
50
24
6
6
2
100
20
4
6
DESCRIPTION
A. Alum Blanks & Hrdw (cont)
20. 24Ix48"x.080 Alum Blank
21. 91 UX Caps & Crosses
22. 6Ix12"x.080 Flat
23. 6Ix24"x.080 Flat
24. 36"x.080xTriangle Yield
25.. 6Ix42"x.080 Extruded
26, 91x30" Extr BI w/Gr
27. 91x36" Extr BI w/Gr
28. 9"x42" Extr BI w/Gr
29. 91x48" Extr BI w/Gr
30. 3/4"x,020x200' SS Strp
31. Cantilever Brackets
32. 3/4" SS Seals
33. Universal Brackets
34. Flared Leg Bracket
35. 9Ix24"x.080 Flat
36. VS-1 Cap Extr Blade
37. 12Ix36"x.080 Alum
38. 361x48" Speed Limit
39. 4811X301lX.080 Alum
40. 1/2"x.020x200 SS Strp
41. Ceramic Buttons WhlYel
42. 6"x48"x.080 Extr. Alum
43. Motorist Alert Flag Holder
44. Epoxy Adhesive for Marke
SUB-TOTAL
B. CHANNEL POSTS
1. 3lb/ft x 12'
.
.
500