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HomeMy WebLinkAbout2007-03-19 Special Called Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council Minutes MINUTES OF SPECIAL CALLED REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL March 19,2007 1. CALL TO ORDER The meeting was called to order by Mayor Alton Porter at 6:03 p.m. Members of City Council Present: Mayor Alton Porter, Council members Tommy Moser, Mike Mosteit, Louis Rigby, Barry Beasley, Howard Ebow and Chuck Engelken. Members of Council Absent: Mike Clausen. Members of City Executive Staff and City Emplovees Present: Assistant City Attorney Clark Askins, Interim City Manager John Joerns, Public Works Director Steve Gillett, Judge Denise Mitrano, Planning Director Wayne Sabo, Golf Pro Alex Osmond, Assistant Public Works Director Don Pennell, EMS Chief Ray Nolen, Parks Superintendent Scott Bradley, Secretary Melisa Lanclos, Assistant to the City Manager Crystal Scott, City Secretary Martha Gillett, City Consultant/Advisor Debra Feazelle, Assistant City Secretary Sharon Harris, Police Chief Richard Reff, Interim Finance Director Michael Dolby, Downtown Revitalization Coordinator Debra Dye, Parks and Recreation Director Stephen Barr, Emergency Management Coordinator Jeff Suggs, Purchasing Manager Susan Kelley, Parks Superintendent Marlene Rigby, Judge Denise Mitrano, Assistant Fire Chief Champ Dunham, Street Maintenance Supervisor Rodney Cox, Human Resources Manager Robert Swanagan, MIS Manager Al Owens, Court Coordinator Lynda Kilgore, Animal Control Supervisor Clarence Anderson, Police Department and numerous police officers and firefighters. Others Present: Trent Wise, Imogene Pulleine, Dottie Kaminski, Neal Welch, John Handy, Paul Feazelle, Rusty Smith, Deandra Smith, Coleen Hicks, Kay Scott, Chester Pool, Allan Rankin, John Hightower, Danny Azzano, Derrek Dampier, Vernon Johnson, Brian Adams, Laverne Roese, Nolan Allen, Dennis Roese and other citizens. 2. James Leslie of Cross in the City of La Porte delivered the Invocation. 3. Mayor Porter led the Pledge of Allegiance. 4. PRESENTATIONS / PROCLAMATIONS A. Mayor Porter presented a proclamation to honor of Daughter of the Republic of Texas. B. Mayor Porter recognized Melvin Erskine & Keenan Lawrence of the Parks & Recreation Department and Stuart Staffa of the Golf Department for courageous acts of assisting citizens in the community. C. Mayor Porter presented Debra Feazelle with a watch in honor of her retirement. 5. Consent Agenda City Council Special Called Regular Meeting, Workshop Meeting and Public Hearing -March 19, 2007 Page 2 A. Consider approving Minutes of the Special Called Regular Meeting of La Porte City Council held on March 5, 2007. B. Council to consider approval or other action regarding an ordinance vacating, abandoning and closing a portion of the West Tyler Street Right-of-Way between the North 15th Street and North 16th Street Rights-of-Way, Town of La Porte, City of La Porte, Harris County, Texas; retaining a 30 foot drainage easement. C. Council to consider approval or other action approving an ordinance vacating, abandoning and closing a portion of the South 11 th Street right-of-way, town of La Porte, City of La Porte, Harris County, Texas and a portion of the alley in block 122, town of La Porte, City of La Porte, Harris County Texas. D. Council to consider approval or other action approving an ordinance granting a permit under ordinance No. 2004-2755, being Chapter 102, Natural Resources, Article IV, "Pipeline Transportation" of the code of ordinances of the City of La Porte, Texas to construct an IS-inch pipleline for the transportation of Natural Gas Liquids. E. Council to consider approval or other action approving an ordinance granting a permit under ordinance No. 2004-2755, being Chapter 102, Natural Resources, Article IV, "Pipeline Transportation" of the code of ordinances of the City of La Porte, Texas to construct an 12-inch pipleline for the transportation of Natural Gas Liquids. F. Council to consider approval or other action awarding of bid to Sweetwater Pools, Inc. to provide lifeguarding services at Municipal Pools. G. Council to consider approval or other action approving an ordinance authorizing the Interim City Manager to execute the Interlocal Agreement with the city of Baytown for Storm Water Education. Items D, E and F were pulled for discussion. Clark Askins noted a change in Item C Ordinance should read I-S rather than I-IS and noted he had made the change and provided the corrected ordinance to the City Secretary . Motion was made bv Council member Beasley to approve the consent agenda items as presented. Second by Council member Engelken. Motion carried. Ayes: Mosteit, Moser, Beasley, Engelken, Ebow, Rigby, and Porter. Nays: None Abstain: None The Executive Session item on Project Corvette was taken out of order at this time. See below for details. 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX P AYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA. City Council Special Called Regular Meeting, Workshop Meeting and Public Hearing -March 19,2007 Page 3 Kay Scott - 1802 Lomax School Road addressed the Council on agenda item nine and informed them she was not in favor of Council passing the item. Nolen Allen completed a form to advise Council he was in favor of item nine but did not wish to speak before Council. 7. Public Hearing - Council to consider approval or other action on recommendation of Planning & Zoning Commission to approve an ordinance to amend requirements for on-site posting of Public Hearing information. Open Public Hearing - Mayor Porter opened the Public Hearing at 7:42 p.m. Planning Director Wayne Sabo presented summary and recommendation and answered Council's questions. Public Input: There were no citizens wishing to provide input. Recommendation of Planning & Zoning Commission - that City Council consider approval of an ordinance amending requirements for on-site posting of Public Hearing information. The Public Hearing was closed at 7: 46 p.m. 8. Council to consider approval or other action regarding Ordinance 1501-05 Assistant City Attorney Clark Askins read: Ordinance 1501-05- AN 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 AMENDING ARTICLE II."ADMINISTRATION", DIVISION 5, "AMENDMENTS", SECTION 106-171 (2) "NOTICE OF PUBLIC HEARING BEFORE CITY PLANNING AND ZONING COMMISSION" TO REQUIRE ERECTION OF SIGN ON PROPERTY GIVING NOTICE OF PROPOSED CHANGE IN ZONING CLASSIFICATION; AND BY AMENDING DIVIDSION 6, "SPECIAL EXCEPTIONS AND VARIANCES", SECTION 106-194 "NOTICE OF PUBLIC HEARING BEFORE THE BOARD OF ADJUSTMENT" TO REQUIRE ERECTION OF SIGN ON PROPERTY GIVING NOTICE OF PROPOSED VARIANCE, SPECIAL EXCEPTION, OR APPEAL OF ENFORECEMENT OFFICER'S DECISION; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WI THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council member Ebow to approve Ordinance 1501-05 as recommended by Planning & Zoning Commission to amend requirements for on-site posting of Public Hearing information. Second by Council member Engelken. The motion carried unanimously. Ayes: Mosteit, Rigby, Moser, Beasley, Engelken, Ebow and Porter. Nays: None Abstain: None. 9. Consider approval or other action regarding an 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 granting a Special Conditional Use Permit # SCU07-001 for that certain parcel ofland described as follows, to wit: 1.93 acre tract ofland being tr394A, La City Council Special Called Regular Meeting, Workshop Meeting and Public Hearing -March 19, 2007 Page 4 Porte Outlots, Enoch Brinson survey, abstract 5, La Porte Harris County, Texas for the purpose ofFFA and 4-H projects in a large lot district (LL) zone. Planning Director Wayne Sabo presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: Ordinance 1501 N-5 AN 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 LAPORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT #SCU07-001 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 1.93 ACRE TRACT OF LAND BEING TR 394A, LA PORTE OUTLOTS, ENOCH BRINSON SURVEY, ABSTRACT-5, LA PORTE, HARRIS COUNTY, TEXAS FOR THE PURPOSE OF FFA AND 4-H PROJECTS IN A LARGE LOT DISTRICT (LL) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Mosteit to approve Ordinance 1501 N-5 with Exhibit "F" amended as follows: 4 Grazing Animals at a time Place a tarp and use of lime on the manure trailer Use lime on shavings and area of waste Install a fly control system Second by Council member Moser. The motion carried unanimously. Ayes: Moser, Engelken, Mosteit, Beasley, Ebow, Rigby and Porter. Nays: None Abstain: None 10. Council to consider approval or other action regarding an ordinance amending "Appendix Fees Chapter 50, "Parks and Recreation", Article II, "Golf Course", of the code of ordinances of the City of La Porte decreasing the senior resident annual green fee membership from $1000.00 to $900.00 and adding an annual green fee membership for City of La Porte employees (full time and part time) for the sum of $900.00. Golf Course Manager Alex Osmond presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2837-D -AN ORDINANCE AMENDING "APPENDIX A, FEES," CHAPTER 50, "PARKS AND RECREATION", ARTIVLE II, "GOLF COURSE", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATER HEREOF. Motion was made by Council member Rigby to approve Ordinance 2837-D as presented by Mr. Osmond. Second by Council member Engelken. The motion carried Ayes: Mosteit, Moser, Beasley, Engelken, Ebow, Rigby and Porter. City Council Special Called Regular Meeting, Workshop Meeting and Public Hearing -March 19,2007 Page 5 Nays: None Abstain: None. 11. Council to consider approval or other action regarding a Joint Election Agreement. Assistant City Attorney Clark Askins presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2978 -AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT FOR JOINT ELECTIONS AMONG THE CITY OF LA PORTE, LA PORTE INDEPENDENT SCHOOL DISTRICT, SAN JACINTO COLLEGE DISTRICT, THE CITY OF MORGAN'S POINT, AND THE CITY OF SHOREACRES; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council member Engelken to approve Ordinance 2978 as presented by Mr. Askins. Second by Council member Ebow. The motion carried Ayes: Mosteit, Moser, Beasley, Engelken, Ebow, Rigby and Porter. Nays: None Abstain: None. 12. Council to consider approval or other action regarding RFP #07501 - Stop Loss Insurance. Human Resource Manager Robert Swanagan and Consultant Neal Welch presented summary and recommendation and answered Council's questions. Motion was made by Council member Rigby to approve proposal as presented by Mr. Swanagan with the $115.000 deductible option. Second by Council member Ebow. The motion carried Ayes: Mosteit, Moser, Beasley, Engelken, Ebow, Rigby and Porter. Nays: None Abstain: None. 13. Council to consider approval or other action regarding seal bids #S07001 - #S07004. Purchasing Manager Susan Kelley presented summary and recommendation and answered Council's questions. Motion was made by Council member Rigby to approve bids on Dwire Drive. Water Treatment Plant Site and Fairmont Park West Site and bring back other properties with new bids. Second by Council member Beasley. The motion carried Ayes: Mosteit, Moser, Beasley, Engelken, Ebow, Rigby and Porter. Nays: None Abstain: None. 14. Close Regular Meeting and Open Workshop at 7: 45 p.m. City Council Special Called Regular Meeting, Workshop Meeting and Public Hearing -March 19, 2007 Page 6 MIS Manager Al Owens gave a presentation on Fiber Optic Project. 15. Closed the Workshop meeting and reconvened Regular Meeting at 8:00 p.m. 16. Council to consider approval or other action regarding rewarding a bid for phones and fiber optics. Purchasing Manager Susan Kelley presented summary and recommendation and answered Council's questions. Councilmember Engelken made a motion to approve to A. T. & T's best and final offer. as presented by Ms. Kelley. Second by Councilmember Mosteit. The motion carried. Ayes: Mayor, Mosteit, Ebow, Rigby, Moser and Engelken. Nays: None Abstain: Beasley 17. Council to consider approval or other action regarding a contract for consulting services for Debra Feazelle. Mayor Alton Porter presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2979 -AN ORDINANCE APPROVING AND AUTHORIZING A CONSULTING AGREEMENT BETWEEN THE CITY OF LA PORTE AND DEBRA BROOKS FEAZELLE; APPROPTIATING NOT TO EXCEED $15, 000.00 TO FUND SAID AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember made a motion by councilmember Engelken to approve ordinance as amended as follows by Mr. Porter: Take out section requiring minimum hours Hourly rate is $125.00 per hour Not to exceed $15,000.00 Will provide bi-monthly activity report when warranted The funding will come from fund one 001-6060-510-5004 Second by Councilmember Ebow. The motion carried. Ayes: Mayor, Mosteit, Ebow, Beasley, and Engelken. Nays: Rigby and Moser Abstain: None Council directed John Joems to be the point of contact to assign projects. 18. Administrative Reports Chief of Police Richard Reff provided Council with the following administrative reports. City Council Special Called Regular Meeting, Workshop Meeting and Public Hearing -March 19, 2007 Page 7 Happy Harbor Dance, March 22,2007 at Sylvan Beach Pavilion, National Hot Rod Association and Show, March 29, 2007, 6:00 p.m. - 8:00 p.m., Main Street, La Porte "Neighborhood Center" 2007 Gala April 12, 2007 6:30 p.m. at Sylvan Beach Pavilion, Pre- Budget Retreat April 14, 2007, 2007 San Jacinto Day Festival, Battle Reenactment April, 21,2007, Battle of San Jacinto Triathlon April 22, 2007 7:00 a.m. and Sylvan Beach Day Parade and Festival April 28, 2007. Mr. Joerns also noted there will be a 4b and Joint City Council meeting on March 26, 2007. 19. Council Comments Rigby, Moser, Beasley, Ebow, Engelken, Mosteit, and Porter had comments. Mayor Porter noted the RFP's will be in on March 26th and staff will provide all received to the City Manager Search Committee who will meet on March 26th right after the 4b/Joint Council meeting. 20. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT CODE (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION, DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS) A. SECTION - 551.074 - (PERSONNEL MATTERS)- EVALUATION OF MUNICIPAL COURT JUDGE DENISE MITRANO B. SECTION - 551-072 (PROPERTY SALE OR EXCHANGE) and SECTION 551.071(2) (CONSULTATION WITH ATTORNEY) MEET WITH INTERIM CITY MANAGER, MUNICIPAL CONSULTANT/ADVISOR AND CITY ATTORNEY FOR THE PURPOSE OF DISCUSSING CONTRACTUAL CONDITIONS UNDER LAND PURCHASE AGREEMENT WITH NEW LIFE CHRISTIAN FELLOWSHIP C. SECTION - 551-072 (PROPERTY SALE OR EXCHANGE) MEET WITH INTERIM CITY MANAGER, AND CITY ATTORNEY FOR THE PURPOSE OF DELIBERATING THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY D. SECTION 551.071 - (POTENTIAL OR PENDING LITIGATION) MEET WITH CITY CONSULTANT/ADVISOR, INTERIM CITY MANAGER AND CITY ATTORNEY TO DISCUSS FLANAGAN SHIPPING LEASE E. SECTION -551-071 - (POTENTIAL OR PENDING LITIGATION) MEET WITH CITY ATTORNEY TO DISCUSS PENDING LITIGATION, CITY OF LA PORTE VS. BA YSHORE MOTEL, INC. City Council Special Called Regular Meeting, Workshop Meeting and Public Hearing -March 19, 2007 Page 8 F. SECTION 551.087 - (ECONOMIC DEVELOPMENT) MEET WITH INTERIM CITY MANAGER REGARDING ECONOMIC DEVELOPMENT (PROJECT CORVETTE) Council retired to Executive Session at 6:24 p.m. to discuss Project Corvette and returned to the Regular Meeting and reconvened at 6:40 p.m. There was no action taken on this item. Council retired to Executive Session at 8:50 p.m. to discuss all Executive Session items except previously discussed Project Corvette and returned to the table reconvened the Regular meeting at II :03 p.m.. 21. Considerations and possible action on items considered in Executive Session. There was no action taken. 22. There being no further business to come before Council, the Regular Meeting was duly adjourned at II :04 p.m. R;mtfullY s:m~ Martha~, TRMC~ City Secretary pa~and approved. on this 26th day of March 2007 J . -:p~__ Mayor Alton E. orter REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: MarC~h 26 2007 Requested By: .Tohn .Tot'rns _ _ Department: Administration Appropriation Source of Funds: Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Agreement Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION Enclosed is a draft ordinance with agreement with New Life Christian Fellowship of La Porte, which amends the purchase price of property located at 908 and 912 W. Main Street. Action Required bv Council: Consider approval of ordinance approving amendments to a commercial contract/improved property agreement. If' /07 I Date L ASKINS & ASKINS, ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 1218 LA PORTE, TEXAS 77572-1218 P.C. KNOX W. ASKINS CLARK T. ASKINS telephone 281.471.1886 telecopier 281.471.2047 kaskins@houston.rr.com ctaskins@swbell.net March 20, 2007 Ms. Martha A. Gillett City Secretary City of La Porte City Hall La Porte, Texas Re: New Life Christian Fellowship of La Porte Dear Martha: I enclose herewith draft ordinance with attached agreement amending earnest money contract, which I would appreciate your placing on the agenda for the City Council meeting of Monday, March 26, 2007. YO/~ very tru_Iy /' , (;l:af1/tAJ.~ Knox W. Askins City Attorney City of La Porte KWA: sw Enclosures cc: Mr. John Joerns Interim City Manager City of La Porte Ms. Debra Brooks Feazelle Consultant City of La Porte Ms. Debra Dye Main Street Director City of La Porte Hon. Alton E. Porter Mayor City of La Porte ORDINANCE NO. 2007~~1~4-- AN ORDINANCE APPROVING AMENDMENTS TO A COMMERCIAL CONTRACT - IMPROVED PROPERTY AGREEMENT BETWEEN NEW LIFE CHRISTIAN FELLOWSHIP OF LA PORTE, SELLER, AND THE CITY OF LA PORTE, AS PURCHASER, ON THE OFFICE BUILDING AND RETAIL BUILDING LOCATED AT 908 AND 912 WEST MAIN STREET IN THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING 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 hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The City Manager is hereby authorized to execute such document and all related documents on behalf of the ci ty 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. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 26th day of March, 2007. By: CI7\ OF LA PORT~ ~~.~ Alton E. Porter, Mayor ATTEST: ~~ t! r:Iittd Mar a A. Gillett City Secretary APPROVED: ~z:: d~<l Assistant City Attorney 2 AGREEMENT STATE OF TEXAS ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS COUNTY OF HARRIS AMENDMENTS TO COMMERCIAL CONTRACT - IMPROVED PROPERTY BY AND BETWEEN NEW LIFE CHRISTIAN FELLOWSHIP A TEXAS NON PROFIT CORPORATION, SELLER AND THE CITY OF LA PORTE A MUNICIPAL CORPORATION, BUYER THIS AGREEMENT, made and entered into by and between NEW LIFE CHRISTIAN FELLOWSHIP, a Texas non-profit corporation, of La Porte, Harris County, Texas, as Seller, and The CITY OF LA PORTE, a municipal corporation, as Buyer, for the sale of hereinafter described property, to-wit: TRACT 1: Lots 20 and 21, in Block 52, of TOWN OF .LA PORTE, an addition in Harris County, Texas, according to the map or plat thereof recorded in Volume 57, Page 320 of the Deed Records of Harris County, Texas, SAVE LESS AND EXCEPT that portion of the above said lots (if any) and the interest therein, deeded to or condemned by governmental entities for the widening of West Main Street or for right of way purposes, and further described in instrument recorded in Volume 4569, Page 499 of the Deed Records of Harris County, Texas. TRACT 2: Lots 9, 11, 12, 13, 14, 15, 18 and 19, in Block 52, of TOWN OF LA PORTE, an subdivision in Harris County, Texas, according to the map or plat thereof recorded in Volume 57, Page 320 of the Deed Records of Harris County, Texas, SAVE AND EXCEPT that 0.002 acre tract thereof, more or less, more particularly described on Exhibit "A" attached hereto, and SAVE AND EXCEPT that portion of said lots, if any, conveyed for right-of-way purposes as described in that instrument recorded in Volume 4569, Page 499 of the Deed Records of Harris County, Texas. 1. The parties agree that Paragraph 3, SALES PRICE, subparagraph A and subparagraph C, shall each be amended to $420,700.00. 2. Except as hereby amended, the hereinabove described Commercial Contract Improved Property, shall remain in full force and effect. WITNESS OUR HANDS, effective the 26th day of March, 2007. SELLER: NEW LIFE CHRISTIAN FELLOWSHIP By: regory L. Holley President/Founder BUYER: TE 2