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HomeMy WebLinkAbout2007-03-26 Special Called Joint Meeting of La Porte Development Corporation and La Porte City Council Minutes 5 A MINUTES OF THE SPECIAL CALLED JOINT MEETING OF THE LA PORTE DEVELOPMENT CORPORATION BOARD OF DIRECTORS AND THE LA PORTE CITY COUNCIL March 26, 2007 1. Call to Order Committee members Mayor Pro-Tern Tommy Moser and Pat Muston called the meeting to order at 6:00 p. m. Members Present: 4B Development Board - Bill Love, Chuck Engelken, Mike Clausen Tommy Moser, Ed Matuszak, Trent Wise and Pat Muston. City Council: Howard Ebow, Tommy Moser, Barry Beasley, Mayor Porter, Mike Mosteit, Louis Rigby. . Mayor Porter arrived at 6:25 p.rn. Members Absent: Staff Present: Interim City Manager John Joerns, City Secretary Martha Gillett, Assistant City Attorney Clark Askins, Interim Finance Director Michael Dolby, Chief of Police Richard Reff, Main Street Coordinator Debra Dye, City of La Porte Consultant Debra Feazelle, Human Resource Manager Robert Swanagan, Fire Chief Mike Boaze and Purchasing Manager Susan Kelley. Others Present: Paula DiValerio, Consultivo Consultant Ruben Rodriguez, Dottie Kaminski and John Handy of Houston Chronicle. 2. Motion was made by Board Member Chuck Engelken to approve the Minutes of March 5. 2007 Special Called Regular Meeting of La Porte Development Corporation Board. Second by Board Member Bill Love. Motion carried unanimously. Ayes: Bill Love, Ed Matuszak, Pat Muston, Mike Clausen Chuck Engelken and Tommy Moser. Nays: None Abstain: None Absent: Motion was made by Councilman Chuck Englelken to approve the Minutes of March 5, 2007 Special Called Regular Meeting of La Porte Development Corporation Board and City Council. Second by Councilman Mosteit. Motion carried unanimously. Ayes: Barry Beasley, Chuck Engelken, Mike Clausen Howard Ebow, Mike Mosteit, Louis Rigby, Tommy Moser and Mayor Porter. Nays: None Abstain: None Absent: 3. Interim Director of Finance Michael Dolby provided a report on the Annual Audit. Special Called Joint Meeting of the La Porte Development Corporation and the La Porte City Council - 3/26/2007 4. 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) SECTION - 551-072 - (PROPERTY SALE OR EXCHANGE) MEET WITH INTERIM CITY MANAGER, CITY ATTORNEY AND CITY CONSULTANT/ADVISOR FOR THE PURPOSE OF DELIBERATING THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY, IN REFERENCE TO COUNTY HOTEL PROJECT The La Porte Development Corporation and La Porte City Council retired to Executive Session at 6:06 p.m. and returned to the Regular Meeting and reconvened at 6:44 p.m. 5 Motion was made by Bill Love to approve the authorization for final market study with PFK Consultant for the Sylvan Beach Hotel project. Second by Ed Matuszak. Motion Carried. Ayes: Bill Love, Pat Muston, Ed Matuszak, Mike Clausen, Trent Wise, Chuck Engelken and Tommy Moser. Nays: None Abstain: None Motion was made bv councilmember Barry Beasley to approve the final market study as recommended. Second by Councilman Howard Ebow. Motion carried unanimously. Ayes: Barry Beasley, Chuck Engelken, Mike Clausen Howard Ebow, Mike Mosteit, Louis Rigby, Tommy Moser and Mayor Porter. Nays: None Abstain: None Absent: 6. Administrative Reports. Interim City Manager John Joerns & Interim Finance Director Michael Dolby provided Administrative reports on the following: Gretchen Black, Economic Development Coordinator will start on April 16, 2007. 7. Board Comments 8. Adjournment 2 Special Called Joint Meeting of the La Porte Development Corporation and the La Porte City Council- 3/26/2007 pproved on this~Jay Of0;0.007. Respectfully submitte~:--., '//'.'/ _ A' A A ./ ~'.-111 /J'/fl a/lr ""V~ Ma'rth~ A':"<:miett City Secretary TRMC, CMC La Porte Development Corporation Secretary 3 B Requested By: Richard Reff REQUEST FOR CITY COUNCIL AGENDA ITEM J 4-23-07 I ' / ' a~'11~ Budl!:et Agenda Date Requested: Source of Funds: Department: PQli~e Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Click It or Ticket Resolution Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Consider for action a Resolution authorizing the City Manager to execute documents accepting a " Click It or Ticket" Enforcement Grant for Fiscal Year 2007 for approximately $8,000.00 for overtime from the Texas Department of Transportation, for enforcement of the program from May 21 through June 3, 2007. Action Required bv Council: Pass Resolution authorizing City Manager to sign grant and other documents for "Click It or Ticket" campaign. A 1f;;'7~7 Date I { RESOLUTION :LOO '7 ~ Oc **** WHEREAS, injuries and deaths from traffic crashes bring loss and suffering to the citizens of this community; and WHEREAS, the cost of such injuries brings economic hardship to families; and WHEREAS, the community's health care system and emergency response resources are significantly impacted by injuries of traffic crashes; and WHEREAS, research shows that using safety belts and child safety seats is still the single most effective way to reduce injuries and save lives in traffic crashes; and WHEREAS, research shows that when a drive in unbuckled, 70 percent of the time children in that vehicle are also unbuckled; and WHEREAS, the National Highway Traffic Safety Administration estimates that when safety belt use in Texas reaches 85 percent, each year 241 lives will be saved, 5,275 nonfatal injuries will be prevented and $392 million in economic savings to society will result; and WHEREAS, the "Click It or Ticket Texas" campaign includes intensified law enforcement and public education to get everyone in the community into the safety belt habit; NOW THEREFORE, BE IT RESOLVED that The City of La Porte approves the City Manager to execute all documents for the "Click it Ticket Texas" campaign, May 21 through June 3, 2007; joining public and private sector leaders across Texas supporting the campaign and do urge all residents and visitors of La Porte to buckle up themselves and buckle up their children to protect life and the quality of life in this community. ATTEST: Lfl/I~ ~~ City Secretary A~ROVED: 0 l~~~ \~ Mayor, City of La Porte c Agenda Date Requested: OUNCIL AGENDA ITEM 4-23-07 Bud2:et Requested By: Source of Funds: Department: Police Account Number: Report: Resolution: X Ordinance: Amount Budgeted: Exhibits: Resolution for VAL Grant Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION In February of 2002, the City of La Porte was awarded the Victims Assistance Discretionary Grant from the Office of the Attorney General. This grant was used to create the position of the Victims Assistance Liaison. The current grant period ends August 31, 2007. It has been determined that the continuation of this position would have to be grant funded. We would like approval to authorize the City Manager to submit for a continuation grant made possible through the Attorney General's Office. This grant, Victim Coordinator and Liaison Grant will be for a two year period, in the amount of $39,000.00 each year, which includes salary and benefits. The City will have to absorb approximately $6,250,00 each year, in its personnel operating budget to cover this position. The Victims Assistance Liaison position has proved to be an asset to the City as well as the Community. This program has insured the citizens of La Porte who have become victims of crimes, receive the assistance that they may need. In 2006 over 260 victims were served. Action Required by Council: Authorize Interim City Manager to secure a Resolution for the submission of the Victim Coordinator and Liaison Grant for further funding for the Victims Assistance Liaison position. 4!Jl/07 Date ( { Resolution 2007- 0 1 **** Be it known as follows: WHEREAS, The City of La Porte has applied for or wishes to apply to the Office of the Attorney General, Crime Victim Services Division for the Victim Coordinator and Liaison Grant (VCLG); and WHEREAS, the City of La Porte has considered and supports the Application filed or to be filed with the Office of the Attorney General; and WHEREAS, The City of La Porte agrees that the entity will not use the existence of an Office of the Attorney General grant award to offset or decrease total salaries, expenses, and allowances that the applicant receives from the governing body at or after the time the grant is awarded; and WHEREAS, The City of La Porte agrees that in the event of loss or misuse of the Office of the Attorney General funds, The City of La Porte assures that the funds will be returned to the Office of the Attorney General in full; and WHEREAS, The City of La Porte designates John Joerns, Interim City Manager as the grantee's Authorized Official. The Authorized Official is given the power to apply for, accept, reject, alter or terminate the Victim Coordinator and Liaison Grant as well as given the authority to sign all grant adjustment requests, inventory reports, progress reports, and financial reports or any other documents related to the grant on behalf of the grantee; and NOW THEREFORE, BE IT RESOLVED that The City of La Porte approves submission of the application for the Victim Coordinator and Liaison Grant to the Office of the Attorney General, Crime Victim Services Division as well as the designation of the Authorize ffi' ~ ~ 'ta<.~ City Secretary City of La Porte Interoffice Memorandum From: John Joerns, Interim City er To: Mayor and City Council Date: Subject: April 18, 2007 City Council Meeting on April 23, 2007 - Item #7 This Public Notice as drafted removes the building known as 908 Main but retains the building known as 912 Main (See Notice (ii)). Michael Dolby is working on alternate financing plans for these buildings, which City Council may wish to consider before taking action on this item. This material will be provided later. 11lml c: Clark Askins REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 23. 2007 Appropriation Report: Resolution: XX Ordinance: Source of Funds: N/A Requested By: Michael G. Dolbv. Interim Dir of Finance Department: FINANCE Account Number: N/A Amount Budgeted: Amount Requested: N/A Exhibits: Notice of Intent Budgeted Item: Exhibits: SUMMARY & RECOMMENDATION At this time, we would like to issue Certificates of Obligation Bonds for the following projects: Waste Water Treatment Plant Amateur Ball Fields Golf Course Cart Paths 912 Main St Building Additional Funding (I f needed) Total $6,000,000 1,600,000 300,000 250,000 550.000 $8,700,000 With the exception of additional funding for parks of 1.5 million, City Council has previously approved resolutions, which allow the City to reimburse itself from these bond proceeds for expenditures that were made prior to the issuance of the debt. This is a position that we have taken on several other projects in the past as recommended by bond counsel and required by federal law. In order to issue bonds, a city is required to publish a Notice of Intent (NOI) to Sale. We would like to publish the initial Notice ofIntent for Certificates of Obligation for a maximum principle $8,700,000 on Sunday April 29, 2007; and the second notice on Sunday May 6, 2007. RBC Dain Rauscher, the City's Financial Advisors, is preparing and will make available to us a Preliminary Official Statement which will be reviewed and updated by staff and approved by Council. Action Required bv Council: Authorize the sale of $8.7 million in Certificates of Obligation, approve and authorize the first and second publication of Notice ofIntent to Issue. enda yf;f7 Date RESOLUTION NO. 2007-1i( RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FOR THE ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF CERTAIN PUBLIC WORKS; AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT RELATING TO SUCH CERTIFICATES; AND AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE s s s WHEREAS, the City Council (the "City Council") of the City of La Porte, Texas (the "City"), is authorized to issue certificates of obligation to pay contractual obligations to be incurred for the construction of public works, for the purchase of materials, supplies, equipment, machinery, buildings, land and rights-of-way for authorized needs and purposes, and for the payment of contractual obligations for professional services pursuant to Subchapter C of Chapter 271, Texas Local Government Code, as amended; WHEREAS, the City Council has determined that it is in the best interests of the City and otherwise desirable to issue certificates of obligation in a principal amount not to exceed $8.7 million styled "City of La Porte, Texas, Certificates of Obligation, Series 2007" (the "Certificates") for the design, engineering, acquisition and construction of certain public works and the purchase of certain equipment for authorized needs and purposes and for the payment of contractual obligations for professional services; WHEREAS, in connection with the Certificates, the City Council intends to publish notice of its intent to issue the Certificates (the "Notice") in a newspaper of general circulation in the City; WHEREAS, for purposes of providing for the sale of the Certificates, the City Council intends to authorize the preparation of a Preliminary Official Statement (the "Preliminary Official Statement") to be used in the public offering of the Certificates; and WHEREAS, the City Council has been presented with and has examined the proposed form of Notice and finds that the form and substance thereof are satisfactory. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. Preamble. The facts and recitations contained in the preamble of this Resolution are hereby found and declared to be true and correct. HOU :2677771.1 Section 2. Authorization of Notice. The City Secretary is hereby authorized and directed to deliver the Notice, in the form set forth in Exhibit A hereto, and to publish such Notice on behalf of the City once a week for two (2) consecutive weeks in a newspaper which is of general circulation in the City, the date of the first publication to be at least fifteen (I 5) days before the date tentatively set in the Notice for the passage of the ordinance authorizing the issuance of the Certificates. Notwithstanding any other provision of this Resolution, the Mayor and Interim City Manager are each hereby authorized to make or approve such revisions, additions, deletions, and variations to the Notice as, in the judgment of the Mayor and/or Interim City Manager and in the opinion of Bond Counsel to the City, may be necessary or convenient to carry out or assist in carrying out the purposes of this Resolution, or as may be required for approval of the Certificates by the Attorney General of Texas; provided, however, that any change to the Notice resulting in material substantive amendments shall be subject to the prior approval of City Council. Section 3. Authorization of a Preliminary Official Statement. This City Council hereby approves the preparation and distribution by the City's financial advisor to prospective purchasers of the Certificates of the Preliminary Official Statement, as the same may be completed, modified, or supplemented with the approval of the Mayor or other authorized officers and agents of the City. Section 4. Authorization of Other Matters Relating Thereto. The Mayor, City Secretary and other officers and agents of the City are hereby authorized and directed to do any and all things necessary or desirable to carry out the provisions of this Resolution. Section 5. passage. Effective Date. This Resolution shall take effect immediately upon its Section 6. Public Meeting. It is officially found, determined and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered at such meeting, including this Resolution, was given all as required by the Texas Government Code, Chapter 551, as amended. 2 HOU:267777J.1 I~ ~;J I t1 a2J EXHIBIT A- Ve ('5: OIJ a NOTICE OF INTENTION TO ISSUE CERTIFICATES NOTICE IS HEREBY GIVEN that the City Council of the City of La Porte, Texas (the "City") will meet at its regular meeting place at City Council Chambers, City Hall, 604 West Fairmont Parkway, La Porte, Texas at 6:00 p.m. on May 14, 2007, which is the time and place tentatively set for the passage of an ordinance and such other action as may be deemed necessary to authorize the issuance of the City's certificates of obligation, payable from ad valorem taxation and a limited (in an amount not to exceed $1,000) subordinate pledge of certain revenues of the water and sewer system of the City, in the maximum aggregate principal amount of $8.7 million, bearing interest at any rate or rates, not to exceed the maximum interest rate now or hereafter authorized by law, as shall be determined within the discretion of the City Council at the time of issuance and maturing over a period of years not to exceed forty (40) years from the date thereof, for the purpose of evidencing the indebtedness of the City to pay all or any part of the contractual obligations to be incurred for the construction of public works, the purchase of materials, supplies, equipment, machinery, buildings, land and rights-of-way for authorized needs and purposes, to wit (i) construction of an addition to and upgrading of the City's wastewater treatment plant, (ii) acquisition of land and a building at 912 Main Street to be used for municipal office facilities for the promotion of tourism and the convention and hotel industry, construction of improvements to and equipment of such building, and construction of a parking lot and landscaping improvements at such location, (iii) improvements to the City's Bay Forest Golf Course, including replacement of cart paths, tunnel and restrooms, (iv) construction of amateur ball fields and related infrastructure to be located South of Fairmont Parkway and East of Willow Spring Gulley, and (v) professional services rendered in connection with the above listed projects. HOU2677771 1 c x h ; b I -J Ve r siPlv i3 NOTICE OF INTENTION TO ISSUE CERTIFICATES NOTICE IS HEREBY GIVEN that the City Council of the City of La Porte, Texas (the "City") will meet at its regular meeting place at City Council Chambers, City Hall, 604 West Fairmont Parkway, La Porte, Texas at 6:00 p.m. on May 21, 2007, which is the time and place tentatively set for the passage of an ordinance and such other action as may be deemed necessary to authorize the issuance of the City's certificates of obligation, payable from ad valorem taxation and a limited (in an amount not to exceed $1,000) subordinate pledge of certain revenues of the water and sewer system of the City, in the maximum aggregate principal amount of$8.7 million, bearing interest at any rate or rates, not to exceed the maximum interest rate now or hereafter authorized by law, as shall be determined within the discretion of the City Council at the time of issuance and maturing over a period of years not to exceed forty (40) years from the date thereof, for the purpose of evidencing the indebtedness of the City to pay all or any part of the contractual obligations to be incurred for the construction of public works, the purchase of materials, supplies, equipment, machinery, buildings, land and rights-of-way for authorized needs and purposes, to wit (i) construction of an addition to and upgrading of the City's wastewater treatment plant, (ii) improvements to the City's Bay Forest Golf Course, including replacement of cart paths, tunnel and restrooms, (iii) construction of amateur ball fields and related infrastructure to be located South of Fairmont Parkway and East of Willow Spring Gulley, and (iv) professional services rendered in connection with the above listed projects. t"- o 0 N r./J l:J.:l r./J C2 ~ l:J.:l . ~ , v r:/J. 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'" I:: <. <. ~ ::E. ~ ::E. ~ ::E. ~ ~~~~~~~~~~ ~ I:: I:: ~ I:: I:: I:: ~ ;:s 0 ;:s ;:s ;:s 0 ~ 0 ;:s E- ::E VJ E- VJ ::E ~ ::E E- o M C'l - C'l :e :e :e ~~~ >. ~ >. .{!l "0 .{!l I:: '" I:: 000 ::E ~ ::E I '" o 8 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 23, 2007 Requested By: Wayne sabll}l}~ , ""--1 Department: Plannine: Appropriation Source of Funds: Fund 032 Account Number: 032-9892-859-1100 Report: X Resolution: Ordinance: X Exhibits: Ordinance Exhibits: Agreement Exhibits: Aerial Map Exhibits Floor Plan Amount Budgeted: Amount Requested: SUMMARY & RECOMMENDATION In January 2007, the City issued a Request for Qualifications for the construction of five homes for the Northside Neighborhood HOME Program. Responses were received from Bayway Homes and Alta Vista Homes and a third was determined non-responsive, as it was received after the submission deadline. A Selection Committee reviewed the proposals and selected Bayway Homes as the most qualified and experienced builder for the program. There was some discussion on having the homes constructed with a non-brick exterior in order to blend with i~e existing homes and retain some of the historical character of the neighborhood, due to its proximity to Main Street. However, the City received input from some of the Northside Neighborhood representatives and the overall consensus was to continue building brick homes. Bayway Homes will construct a home at 210 N. 6th Street, more specifically described as Lots 9-11, Block 66, La Porte, Texas. This home is priced at $100,000. Throughout construction, the builder will request draws as key milestones are reached. The City will pay the builder and then submit a request for reimbursement from Harris County Community and Economic Development Department (HCCEDD), as stipulated in Section IV - Payment Procedures of the City's executed Agreement with HCCEDD. Council is asked to consider authorizing a contract between the City and Bayway Homes to construct Plan # 1317 "The River Berry" with 1,317 sq. ft. Action Required bv Council: Consider approval of an ordinance authorizing an agreement between the City and Bayway Homes to construct a home at 210 N. 6th Street. Approved for City Council A2enda Jt/;f1 /07 Date f { ORDINANCE NO. 2007-~ AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND BAYWAY HOMES FOR CONSTRUCTION OF A HOME AT 210 N. 6TH STREET, ALSO DESCRIBED AS LOTS 9-11 OF BLOCK 66, LA PORTE, TX 77571, AS PART OF THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FOR THE CITY OF LA PORTE, TEXAS; APPROPRIATING $100,000.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum of $100,000.00 from Grant Fund 032 to fund said contract. Harris County Community and Economic Development will reimburse the City as stated in the agreement. 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. ORDINANCE NO. 2007-~ PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, thisd'2tPday of ~ ,2007. CITY OF LA PORTE By: ~7~ Alton E. Porter Mayor ATTEST: LtjllliJk(I~ M rth A. Gillett City Secretary APPROVED: ~~r ;(A,JA-:;' C rk T. Askins . Assistant City Attorney CITY OF LA PORTE, TEXAS AGREEMENT for CONSTRUCTION of SINGLE-FAMILY RESIDENCE Northside neighborhood HOME Program General Description The City of La Porte received a HOD HOME grant to develop a homeownership program designed to benefit Northside residents. This contract is for the construction of one (1) single-family residence at 210 N. 6th Street, also described as Lots 9-11, Block 66, La Porte, Texas. The work shall be completed by November 5, 2007. Time is of the essence in completion of the contract. Subcontractor/Consultant Provide the City with a list of subcontractors or consultants you may use on the project. Describe the function, work, or services and identify the name, address, qualifications and experience of the subcontractor or consultant. No subcontracting, not submitted shall be performed without the express written approval of the City; and Contractor shall not assign any of the rights and privileges granted herein without first having obtained the written consent of the City. Pre Construction meeting Prior to starting the project, a pre-construction meeting shall be held with Planning Department staff by May 7,2007. At the meeting, the contractor will discuss the construction timeline, plan submittal and review, required inspections, and project schedule of values. Permits: The contractor shall obtain all necessary permits from the City of La Porte Inspection Services Division located at 604 W. Fairmont Parkway, La Porte, TX 77571. All fees associated with the construction of this project shall be waived. The contractor shall obtain and make payment for any and all permits as required by the State of Texas and Federal Government including T.C.E.Q. and E.P.A. Compliance with all laws All of the contractor's operations shall be performed in such manner as to comply with all United States and State of Texas laws, and with all ordinances of the City of La Porte. This also includes Wind Storm requirements and other standards deemed necessary by the City of La Porte. Finishes and colors The City and the contractor shall coordinate color schemes and other selections for this house unless a qualified homebuyer is identified. In that case, the homebuyer will coordinate with the contractor for color schemes. Insurance requirements The contractor shall provide a certificate of insurance executed by an insurance company authorized to do business in Texas, and shall contain the amOl.ll1ts as stated herein. WORKMAN'S COMPENSA nON: As required by State requirements. PUBLIC LIABILITY: $ 50,000.00 anyone accident $100,000.00 anyone person PROPERTY DAMAGE: $ 10,000 per occurrence $100,000 aggregate The City of La Porte shall be named as Additional Insured. Performance and Payment Bonds The Contractor shall be required to furnish performance and payment bonds, executed on the forms enclosed herein, each bond in an amount at least equal to one hundred percent (100%) of the total contract price, as security for the faithful performance of the contract and for the payment of all persons performing labor or furnishing materials and equipment on the project. Work to be performed Contractor shall develop all necessary plans and construction documents, submit for and receive building permits and then construct a single-family residence for a total compensation of $100,000. The home shall include but not be limited to the following: · The home's floor plan shall be The River Berry that can be built on a 75' x 125' site and be in compliance with the City's Zoning and Development Ordinances. . As agreed upon, the total square footage will be approximately 1317. · Exterior features shall include but not be limited to the following: Brick veneer exterior on three walls, hardiplank fiber cement siding on rear, composition class "a" fire rated roof, engineered concrete slab foundation, concrete patio (10' x 10'), aluminum window frames, and screens for all operable windows. · Other exterior features: landscaping including sod in the front yard with at least 2 trees plus shrubs; lighting for entry, durable overhead 2 car garage, 6' cedar fence with access gate · Appliances including but not limited to: vent-a..:hood with exhaust, dishwashers, gas/electric stove, garbage disposals, ice maker connection. · All wiring including but not limited to: pre-wiring for security, two phone jacks, cable outlets, gas and electric hook ups in the laundry area, OFCI wiring in wet areas. · Other interior features including but not limited to: two-toned interior paint, medicine cabinets and linen closets in all bathrooms, countertops, backsplash and cabinets must meet or exceed builders grade quality, double lock front doors, carpet in all areas except wet areas, vinyl flooring in the wet areas (entry way, kitchen, bath, laundry room), Cathedral and/or raised ceiling fans and deluxe lighting kits for living/family room and master bedroom, shower over tub, and air conditioning/central heat. The following materials/appliances (materials at a higher quality) must be used: R-13 insulation, 12 seer air conditioning, w/ 10 year warranty. · Construction materials and methods will be required to meet or surpass current International Energy Code requirements. These methods must also meet or surpass City of La Porte, State of Texas, and HUD regulations and codes. · Construction materials and methods will be required to meet or surpass current International Residential Code requirements. These methods must also meet or surpass City of La Porte, State of Texas, and HUD regulations and codes. · At a minimum the house must have a 10-year new home warranty. 2 Completion of Work: Retainage Upon the completion and City issuance of a Certificate of Occupancy, the home shall become the sole property of the City of La Porte. The final payment to the contractor and release of all retainage will be contingent upon the release of all liens by subcontractors, and a Bills Paid Affidavit. Compensation and Retainage Compensation for all the work described in this Agreement shall not exceed $100,000. Biweekly invoices shall be submitted based upon work completed and the approved schedule of values. In addition, a status report shall be submitted monthly. Retainage of five percent (5%) will be withheld from biweekly payments as determined by a draw schedule. Dispute Resolution The parties will attempt in good faith to resolve any controversy or claim arising out of or relating to this agreement promptly by negotiation between senior executives of the parties who have authority to settle the controversy. The disputing party shall give the other party written notice of the dispute. Within ten days after receipt of said notice, the receiving party shall submit to the other a written response. The notice and response shall include (a) a statement of each party's position and a summary of the evidence and arguments supporting its position, and (b) the name and title of the executive who will represent that party. The executive shall meet at a mutually acceptable time and place within twenty days of the date of the disputing party's notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute. If the controversy or claim has not been resolved within thirty days of the meeting of the senior executives, the parties shall endeavor to settle the dispute by mediation lll1der the Center for Public Resources Model Procedure for Mediation of Business Disputes or pursue amicable tennination. If the matter has not been resolved pursuant to the aforesaid mediation procedure within sixty days of the commencement of such procedure, (which period may be extended by mutual agreement), or if either party will not participate in such procedure, the parties shall pursue amicable termination. Contractual obligation Executing this agreement signifies that all parties agree and lll1derstand the terms and responsibilities expressed in this document, the scope of services, and the program description. This also means that Bayway Homes, Inc. will participate in the construction of homes for the City's Single-Family New Construction program and Down payment assistance/Closing Costs program in accordance with all applicable rules and regulations of the Department of Housing and Urban Development (HUD), the COlll1ty, and the City. Entire Agreement This instrument contains the entire Agreement between the parties related to the rights herein granted and obligations herein assumed. Any oral or written representations or notifications concerning this instrument shall be of no force or effect excepting a subsequent modification in writing signed by both parties hereto. The headings herein are for convenience only and shall have no significance in the interpretation hereof. 3 Severability If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Agreement shall, for any reason, not be legally or factually valid, such invalidity shall not affect the remaining portions of this Agreement. Effective Date This agreement shall be in effect from and after its passage and approval. 1 Manager Jon Skeele, President Bayway Homes, Inc. Date ATTEST: Martha Gillett, City Secretary City of La Porte Date APPROVED AS TO FORM: k;Wr. ~ CI Askins, City Attorney ~ II L/~r4#'-07 Date <C". /1 . 4 PERFORMANCE BOND STATE OF TEXAS S COUNTY OF HARRIS S KNOW ALL MEN BY THESE PRESENTS: That of the City of County of , and State of , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of La Porte (Owner), in the penal sum of dollars ($ ) 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, th~ Principal has entered into a certain written contract with the Owner, dated the day of ,2007, 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 Contract 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 performed, 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 all 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 Contract, 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 there under. Performance Bond 1 of 2 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 2007. Principal Surety By: By: Title: Title: Address: Address: The name and address of the Resident Agent of Surety is: Performance Bond 2 of 2 PAYMENT BOND STATE OF TEXAS ~ COUNTY OF HARRIS ~ KNOW ALL MEN BY THESE PRESENTS: That of the City of County of , and State of , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of La Porte (Owner), in the penal sum of dollars ($ ) 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 ,2007, 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 pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, 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 all 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 Contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in such change extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond 1 of 2 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 2007. Principal Surety By: By: Title: Title: Address: Address: The name and address of the Resident Agent of Surety is: Payment Bond 2 of 2 " -~ - .. ... , .. '. , : " .,- "'i; " :t ~' ,;: ..; ..... '--to' , .. ~ i . .. ':I , .'1:' f f'" f ..... , . ,"" ~ " . ,- BEDROOM 3 100 x 1010 BEDROOM 7, 108 x 122 BaywayHomes'f www.baywayhomes.com The River Berry , , '\-------------- MASTER SUITE 120 x 1310 UTIL / / / / / / BRKFST AREA 1317 Sqft ------;t- I I I I I I I I I o o Optionl Master Bath KITCHEN 7, CAR GARAGE FOYER "A" FAMILY ROOM 1310 x 146 Floor pion shown is on ortists rendering only. BoyWay Homes reserves the right to make changes in plans. specifications and to substitute materials of similar quality without notice or prior obligation. Room dimensions ore approximate. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 23, 2007 Requested By: Wayne S~ l~ Appropriation Source of Funds: Fund 032 Department: Plannine: Account Number: 032-9892-859-1100 Report: X Resolution: Ordinance: X Exhibits: Ordinance Exhibits: Agreement Exhibits: Aerial Map Exhibits Floor Plan Amount Budgeted: Amount Requested: SUMMARY & RECOMMENDATION In January 2007, the City issued a Request for Qualifications for the construction of five homes for the Northside Neighborhood HOME Program. Responses were received from Bayway Homes and Alta Vista Homes and a third was detennined non-responsive, as it was received after the submission deadline. A Selection Committee reviewed the proposals and selected Bayway Homes as the most qualified and experienced builder for the program. There was some discussion on having the homes constructed with a non-brick exterior in order to blend with the existing homes and retain some of the historical character of the neighborhood, due to its proximity to Main Street. However, the City received input from some of the Northside Neighborhood representatives and the overall consensus was to continue building brick homes. Bayway Homes will construct a home at 224 N. 6th Street, more specifically described as Lots 3-4, Block 66, La Porte, Texas. This home is priced at $98,000.00. Throughout construction, the builder will request draws as key milestones are reached. The City will pay the builder and then submit a request for reimbursement from Harris County Community and Economic Development Department (HCCEDD), as stipulated in Section N - Payment Procedures of the City's executed Agreement with HCCEDD. Council is asked to consider authorizing a contract between the City and Bayway Homes to construct Plan #1270 with 1,270 sq. ft. Action Reauired bv Council: Consider approval of an ordinance authorizing an agreement between the City and Bayway Homes to construct a home at 224 N. 6th Street. City Manager ~f 7 )0 ? Date { ORDINANCE NO. 2007- c2.. '1 ~ L{- AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND BAYWAY HOMES FOR CONSTRUCTION OF A HOME AT 224 N. 6TH STREET, ALSO DESCRIBED AS LOTS 3-4 OF BLOCK 66, LA PORTE, TX 77571, AS PART OF THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FOR THE CITY OF LA PORTE, TEXAS; APPROPRIATING $98,000.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum of $98,000.00 from Grant Fund 032 to fund said contract. Harris County Community and Economic Development will reimburse the City as stated in the agreement. 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. ORDINANCE NO. 2007-~ PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this ~J.:ay of ~ ,2007. CITY OF LA PORTE ~L7~ By: Alton E. Porter Mayor ATTEST: Lfflt1tliL (J r8d4 Martha A. Gillett City Secretary APPROVED: ~r~ C~rk T. Askins Assistant City Attorney CITY OF LA PORTE, TEXAS AGREEMENT for CONSTRUCTION of SINGLE-FAMILY RESIDENCE Northside Neighborhood HOME Program General Description The City of La Porte received a HOD HOME grant to develop a homeownership program designed to benefit Northside residents. This contract is for the construction of one (1) single-family residence at 224 N. 6th Street, also described as Lots 3-4, Block 66, La Porte, Texas. The work shall be completed by November 5, 2007. Time is of the essence in completion of the contract. Subcontractor/Consultant Provide the City with a list of subcontractors or consultants you may use on the project. Describe the function, work, or services and identify the name, address, qualifications and experience of the subcontractor or consultant. No subcontracting, not submitted shall be performed without the express written approval of the City; and Contractor shall not assign any of the rights and privileges granted herein without first having obtained the written consent of the City. Pre Construction meeting Prior to starting the project, a pre-construction meeting shall be held with Planning Department staff by May 7, 2007. At the meeting, the contractor will discuss the construction timeline, plan submittal and review, required inspections, and project schedule of values. Permits: The contractor shall obtain all necessary permits from the City of La Porte Inspection Services Division located at 604 W. Fairmont Parkway, La Porte, TX 77571. All fees associated with the construction of this project shall be waived. The contractor shall obtain and make payment for any and all permits as required by the State of Texas and Federal Government including T.C.E.Q. and E.P.A. Compliance with all laws All of the contractor's operations shall be performed in such manner as to comply with all United States and State of Texas laws, and with all ordinances of the City of La Porte. This also includes Wind Storm requirements and other standards deemed necessary by the City of La Porte. Finishes and colors The City and the contractor shall coordinate color schemes and other selections for this house unless a qualified homebuyer is identified. In that case, the homebuyer will coordinate with the contractor for color schemes. Insurance requirements The contractor shall provide a certificate of insurance executed by an insurance company authorized to do business in Texas, and shall contain the amOlmts as stated herein. WORKMAN'S COMPENSA nON: As required by State requirements. PUBLIC LIABILITY: $ 50,000.00 anyone accident $100,000.00 anyone person PROPERTY DAMAGE: $ 10,000 per occurrence $100,000 aggregate The City of La Porte shall be named as Additional Insured. Performance and Payment Bonds The Contractor shall be required to furnish performance and payment bonds, executed on the forms enclosed herein, each bond in an amount at least equal to one hundred percent (100%) of the total contract price, as security for the faithful performance of the contract and for the payment of all persons performing labor or furnishing materials and equipment on the project. Work to be performed Contractor shall develop all necessary plans and construction documents, submit for and receive building permits and then construct a single-family residence for a total compensation of $98,000. The home shall include but not be limited to the following: · The home's floor plan shall be Plan #1270 that can be built on a 75' x 125' site and be in compliance with the City's Zoning and Development Ordinances. · As agreed upon, the total square footage will be approximately 1270. · Exterior features shall include but not be limited to the following: Brick veneer exterior on three walls, hardiplank fiber cement siding on rear, composition class "a" fire rated roof, engineered concrete slab foundation, concrete patio (10' x 10'), aluminum window frames, and screens for all operable windows. · Other exterior features: landscaping including sod in the front yard with at least 2 trees plus shrubs; lighting for entry, durable overhead 2 car garage, 6' cedar fence with access gate · Appliances including but not limited to: vent-a-hood with exhaust, dishwashers, gas/electric stove, garbage disposals, ice maker connection. · All wiring including but not limited to: pre-wiring for security, two phone jacks, cable outlets, gas and electric hook ups in the laundry area, GFCI wiring in wet areas. · Other interior features including but not limited to: two-toned interior paint, medicine cabinets and linen closets in all bathrooms, countertops, backsplash and cabinets must meet or exceed builders grade quality, double lock front doors, carpet in all areas except wet areas, vinyl flooring in the wet areas (entry way, kitchen, bath, laundry room), Cathedral and/or raised ceiling fans and deluxe lighting kits for living/family room and master bedroom, shower over tub, and air conditioning/central heat. The following materials/appliances (materials at a higher quality) must be used: R-13 insulation, 12 seer air conditioning, w/ 10 year warranty. · Construction materials and methods will be required to meet or surpass current International Energy Code requirements. These methods must also meet or surpass City of La Porte, State of Texas, and HUD regulations and codes. · Construction materials and methods will be required to meet or surpass current International Residential Code requirements. These methods must also meet or surpass City of La Porte, State of Texas, and HUD regulations and codes. · At a minimum the house must have a 10-year new home warranty. 2 Completion of Work: Retainage Upon the completion and City issuance of a Certificate of Occupancy, the home shall become the sole property of the City of La Porte. The final payment to the contractor and release of all retainage will be contingent upon the release of all liens by subcontractors, and a Bills Paid Affidavit. Compensation and Retainage Compensation for all the work described in this Agreement shall not exceed $98,000. Biweekly invoices shall be submitted based upon work completed and the approved schedule of values. In addition, a status report shall be submitted monthly. Retainage of five percent (5%) will be withheld from biweekly payments as determined by a draw schedule. Dispute Resolution The parties will attempt in good faith to resolve any controversy or claim arising out of or relating to this agreement promptly by negotiation between senior executives of the parties who have authority to settle the controversy. The disputing party shall give the other party written notice of the dispute. Within ten days after receipt of said notice, the receiving party shall submit to the other a written response. The notice and response shall include (a) a statement of each party's position and a summary of the evidence and arguments supporting its position, and (b) the name and title of the executive who will represent that party. The executive shall meet at a mutually acceptable time and place within twenty days of the date of the disputing party's notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute. If the controversy or claim has not been resolved within thirty days of the meeting of the senior executives, the parties shall endeavor to settle the dispute by mediation under the Center for Public Resources Model Procedure for Mediation of Business Disputes or pursue amicable termination. If the matter has not been resolved pursuant to the aforesaid mediation procedure within sixty days of the commencement of such procedure, (which period may be extended by mutual agreement), or if either party will not participate in such procedure, the parties shall pursue amicable termination. Contractual obligation Executing this agreement signifies that all parties agree and understand the terms and responsibilities expressed in this document, the scope of services, and the program description. This also means that Bayway Homes, Inc. will participate in the construction of homes for the City's Single-Family New Construction program and Down payment assistance/Closing Costs program in accordance with all applicable rules and regulations of the Department of Housing and Urban Development (RUD), the County, and the City. Entire Agreement This instrument contains the entire Agreement between the parties related to the rights herein granted and obligations herein assumed. Any oral or written representations or notifications concerning this instrument shall be of no force or effect excepting a subsequent modification in writing signed by both parties hereto. The headings herein are for convenience only and shall have no significance in the interpretation hereof. 3 Severability If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Agreement shall, for any reason, not be legally or factually valid, such invalidity shall not affect the remaining portions of this Agreement. Effective Date This agreement shall be in effect from and after its passage and approval. Dmel11 Jon Skeele, President Bayway Homes, Inc. Date ATTEST: ~411 art Gillett, City Secretary City of La Porte q23/(/7 Date! I APPROVED AS TO FORM: ~T~ Clark Askins, City Attorney '7-/(, ~O '7 Date 4 PERFORMANCE BOND STATE OF TEXAS 9 COUNTY OF HARRIS 9 KNOW ALL MEN BY THESE PRESENTS: That of the City of County of , and State of , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of La Porte (Owner), in the penal sum of dollars ($ ) 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 ,2007, 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 Contract 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 performed, 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 all 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 Contract, 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 there under. Performance Bond 1 of 2 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 2007. Principal Surety By: By: Title: Title: Address: Address: The name and address of the Resident Agent of Surety is: Performance Bond 2 of 2 PAYMENT BOND STATE OF TEXAS 9 COUNTY OF HARRIS 9 KNOW ALL MEN BY THESE PRESENTS: That of the City of County of , and State of , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of La Porte (Owner), in the penal sum of dollars ($ ) 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 ,2007, 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 pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, 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 all 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 Contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in such change extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond 1 of 2 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of ,2007. Principal Surety By: By: Title: Title: Address: Address: The name and address of the Resident Agent of Surety is: Payment Bond 2 of 2 ~t ~~ en ~i W '-7,~ ~. ~1.1!' If - en ~~ ,: ~~ k k-C) o I'~ ~ .' I.&. .^ f~ .... ~ ~". W It ~ !L6: 0 r; ~"' ..,.. ;j~ -. ~i' #^ ~:' ~ o o N H f .,,! , f' 1:, "I' . l~ . ",~ ,. ...~ .....' ~ f'~{ ... , ~fr I~ "iJlI.1 o I to I n to I n H8 50 :r> H5 Sill 0 42" MASTER BEDROOM W6.~T o .; 8U< fOR fAN 8lJ( . G) fOR fAN I \ \ \ ..... BEDROOM 2 .cARPET !Jll Q.G \ 0BlJ( fOR fAN fin zr::.:;n I}' I I8ISE' STAIRS _ (' lWL@D::::""J GFI 042" I I / I FAMILY ROOM / I , I Q.G f:~: :/ / W/lT~ 2 CAR GARAGE CONC gO Q.G 5/8" rrP "x' GYP 80 ON WAllS AND Q.G UNDER STAIRS \ \ ..... ..... ........_ _-0qpPREYolRE - FOR GOO 16 O~RHEAD GARAGE DOOR ....... ----- FIRST FLOOR PLAN SCALE: 1/8" = l' - O' gO NOM. (9'-1 1/8" ACTUAL) PLT. HI. TYP. UNO 68 I'tINDOW HEADER HEIGHT TYP U,N.O. FRAME AND BRACE TO MEET LOCAL CODES TRIPLE STUD MIN. JAMBS ALL EXTERIOR DOORS LOCATE WATER HEATER IN ATTIC OVER LOAD BEARING PARTITION W/ PAN & DRAIN TO OUTSIDE SEE TYPICAL DR. SHEET FOR ADDITIONAL NOTES '" ~. ~o ';;;j ~V> HB ..- FlOOO UGHT ~~~ 1x6 F ASOA 1x4 FRIEZE SOlDIER PROJ I I I I ~~ ~~ [][] DDDDDDDD DDDDDDDD DDDDDDDD DDDDDDDD FRONT ELEVATION SCALE: 1/8" = l' - o' 1 6 FXIJL 6 HOR 2-JO go OL 06 HO 16 OVERHEAD GARAGE DOOR 5'-'" , J'-4" 5'-'" 1'-7" 2'-7" 2'-4" 9'-6" 9'-6" 116 FASOA 1x4 FRIEZE SOLDIER PROJ I I FRONT ELEVATION SCALE: 1/8" = l' - 0" 2-JO 50 Ol . 68 HO 5'-'" J'-4" COMPOSITION SHINGLES 12 8r- I I 12 ~8 ~~ ~~ [][] 00000000 00000000 00000000 00000000 5'-1. 1'-7" 2'-7" 2'-4" 16 OVERHEAD GARAGE OOOR 9'-6. 9'-6"