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HomeMy WebLinkAbout2007-06-11 Regular Meeting and Workshop Meeting of La Porte City Council 5 REQLJ.EST .FOR CITY COLJNCIL AGENDA ITEM Agenda Date Requested: June 25. 2007 Requested By: Mayor Alton Porter Appropriation Source of Funds: Department: City Council Account Number: Report: Resolution: Ordinance:X Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION City Council to approve an ordinance declaring results of the City of La Porte Run -Off Election held on June 25, 2007. Action Required bv Council: Approve attached ordinance thDIo? Date I { ORDINANCE NO. 2007-jOOL AN ORDINANCE DECLARING THE RESULTS OF THE RUNOFF ELECTION HELD IN THE CITY OF LA PORTE ON JUNE 16, 2007, FOR THE ELECTION OF A COUNCILPERSON-AT-LARGE- -POSITION A, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, there was held in the City of La Porte on the 16th day of June, 2007, a runoff election for the purpose of electing a Councilperson-at-Large--Position A; all in accordance with Section 8.10 of the Home Rule Charter of the City of La Porte; and WHEREAS, there were cast at said election for the following listed persons the number of votes opposite their respective names: COUNCILPERSON-AT-LARGE--POSITION A Georgia Ann Malone 231 Jay Dunham 199 as shown in the official election returns heretofore delivered by the Election Manager and officials to the Mayor and City Council of the City of La Porte and submitted to the City Council. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That said election was duly called and notice thereof given in accordance with law; that said election was held in the manner required by law; that due returns of said election have been made by the proper officers; that said returns have been canvassed by the City Council of the City of La Porte; that said election has resulted in the election of the following named person, to-wit: COUNCILPERSON-AT-LARGE--POSITION A Georgia Ann Malone 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 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 25th day of June, 2007. By: CITY OF LA PORTE ~:?~ Alton E. Porter, Mayor ATTEST: ( 'tfLdJduJ ~~ Mart a A. Gillett City Secretary A~a!L Knox W. Askins City Attorney 2 Canvass Report - Total Voters - Official City of La Porte, Texas City of La Porte Run-Off Election June 16, 2007 Page 1 of 1 061161200707:53 PM Total Number of Voters: 433 of 599,994 = 0.07% Precincts Reporting 6 of 6 = 100.00% Councilmember At Large - A Precinct Early Election Total Registered Percent CD c Voting Day Ballots Cast Voters Turnout 0 Ballots Ballots co E ::E III Cast Cast c s::. III c: S C ::I < a 0 III i;' .... '51 ... .., 0 CD C> District 1 45 22 67 99,999 0.07% 51 16 67 District 2 8 9 17 99,999 0.02% 10 7 17 District 3 30 15 45 99,999 0.05% 18 27 45 District 4 59 26 85 99,999 0.09% 38 47 85 District 5 90 47 137 99,999 0.14% 74 61 135 District 6 62 20 82 99,999 0.08% 40 41 81 ~~ \JJ~l0~ ~J~ City of La Porte, Texas Precinct Report - Official City of La Porte Run-Off Election Page 1 of 6 June 16, 2007 Election I I 06/16/200707:54 PM Precincts Reporting 6 of 6 = 100.00% Total I Total Number of Voters: 433 of 599,994 = 0.07% [:=:J I Candidate II Early II Precinct District 1 (Ballots Cast: 67) Council member At Large - A, Vote For 1 Georgia Ann Malone Jay Dunham Cast Votes: Over Votes: Under Votes: 35 77. 78% 16 72.73% 51 76.12% 10 22.22% 6 27.27% 16 23.88% 45 100.00% 22 100.00% 67 100.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% City of La Porte, Texas Precinct Report - Official City of La Porte Run-Off Election Page 2 of 6 June 16, 2007 Total Number of Voters: 433 of 599,994 = 0.07% [::::J I Candidate II Election I I 06/16/200707:54 PM Precincts Reporting 6 of 6 = 100.00% Total I Early ~ I Precinct District 2 (Ballots Cast: 17) Council member At Large - A, Vote For 1 Georgia Ann Malone Jay Dunham Cast Votes: Over Votes: Under Votes: 6 75.00% 4 44.44% 10 58.82% 2 25.00% 5 55.56% 7 41.18% 8 100.00% 9 100.00% 17 100.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% City of La Porte, Texas Precinct Report - Official City of La Porte Run-Off Election Page 3 of 6 June 16, 2007 Election ~ I 06/16/200707:54 PM Precincts Reporting 6 of 6 = 100.00% T olal ~ Total Number of Voters : 433 of 599,994 = 0.07% [::::J I Candidate ~ I Early ~ I Precinct District 3 (Ballots Cast: 45) Councilmember At Large - A, Vote For 1 Georgia Ann Malone Jay Dunham Cast Votes: Over Votes: Under Votes: 10 33.33% 8 53.33% 18 40.00% 20 66.67% 7 46.67% 27 60.00% 30 100.00% 15 100.00% 45 100.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% City of La Porte, Texas Precinct Report - Official City of La Porte Run-Off Election Page 4 of 6 June 16, 2007 Total Number of Voters : 433 of 599,994 = 0.07% [=:J I Candidate ~ I Election , I 06/16/200707:54 PM Precincts Reporting 6 of 6 = 100.00% Total ~ Early I I Precinct District 4 (Ballots Cast: 85) Councilmember At Large - A, Vote For 1 Georgia Ann Malone Jay Dunham Cast Votes: Over Votes: Under Votes: 29 49.15% 9 34.62% 38 44.71% 30 50.85% 17 65.38% 47 55.29% 59 100.00% 26 100.00% 85 100.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% City of La Porte, Texas Precinct Report - Official City of La Porte Run-Off Election Page 5 of 6 June 16, 2007 Election ~ I 06/16/200707:54 PM Precincts Reporting 6 of 6 = 100.00% Total ~ Total Number of Voters: 433 of 599,994 = 0.07% [::::J I Candidate ~ I Early ~ I Precinct District 5 (Ballots Cast: 137) Councilmember At Large - A, Vote For 1 Georgia Ann Malone Jay Dunham Cast Votes: Over Votes: Under Votes: 50 56.82% 24 51.06% 74 54.81% 38 43.18% 23 48.94% 61 45.19% 88 97.78% 47 100.00% 135 98.54% 0 0.00% 0 0.00% 0 0.00% 2 2.22% 0 0.00% 2 1.46% City of La Porte, Texas Precinct Report - Official City of La Porte Run-Off Election Page 6 of 6 June 16, 2007 I I 06/16/200707:54 PM Precincts Reporting 6 of 6 = 100.00o/c Total , Total Number of Voters: 433 of 599,994 = 0.07% [:=J I Candidate II Early II Election Precinct District 6 (Ballots Cast: 82) Council member At Large - A, Vote For 1 Georgia Ann Malone Jay Dunham Cast Votes: Over Votes: Under Votes: 31 50.82% 9 45.00% 40 49.38% 30 49.18% 11 55.00% 41 50.62% 61 98.39% 20 100.00% 81 98.78% 0 0.00% 0 0.00% 0 0.00% 1 1.61% 0 0.00% 1 1.22% Cumulative Report - Official City of La Porte, Texas City of La Porte Run-Off Election Page 1 of 1 June 16, 2007 Total Number of Voters: 433 of 599,994 = 0.07% I Party II Candidate II Absentee II Early II Election II Council member At Large - A, Vote For 1 Georgia Ann Malone 0 0.00% 161 55.52% 70 50.36% Jay Dunham 1100.00% 129 44.48% 69 49.64% Cast Votes: 1100.00% 290 98.98% 139 100.00% Over Votes: 0 0.00% 0 0.00% 0 0.00% Under Votes: 0 0.00% 3 1.02% 0 0.00% 06/16/200707:54 PM Precincts Reporting 6 of 6 = 100.00% Total I 231 53.72% 199 46.28% 430 99.31% 0 0.00% 3 0.69% .- >.~ ---------. A MIN lJTES UF A K.M;lJLAR MEKllNlJ AND WURKSHUP MEKllNlJ OF THE LA PORTE CITY COUNCIL June 11,2007 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, Howard Ebow, Mike Mosteit, Louis Rigby, Barry Beasley, Chuck Engelken and Mike Clausen. Members of Council Absent: None. Members of City Executive Staff and City Employees Present: Assistant City Attorney Clark Askins, City Secretary Martha Gillett, Police Chief Richard Reff, Interim City Manager John Joerns, Controller Phyllis Rinhart, Public Works Director Steve Gillett, Economic Development Coordinator Gretchen Black, Human Resources Manager Robert Swanagan, Parks and Recreation Director Stephen Barr, Fire Chief Mike Boaze, Assistant Fire Chief Champ Dunham, Fire Department Johnny Jones, Andy Smith, Mike Browning, Jorge Salazar, Patrick McCabe, John Hightower, Danny Azzano, KC Lare, Craig Griffin, Ronnie Thibodeaux, Mike Childs, Brian Futch, Roy Breese, Jordon Henson, Nicholas Meekins, Louis Lesenski, Daniel Bretfing, Agustin Trujillo, Sarah Lindeen, Mike Clawson, Felt Stelly, Chris linden, Daniel B. West, Mike Boaze, Mark Clark, David Gifford, John C. Dunham. Others Present and citizens: Trent Wise, Adam Yanelli of Bayshore Sun, John Handy of Houston Chronicle. 2. Mayor Alton Porter delivered the Invocation. 3. Mayor Porter led the Pledge of Allegiance. 4. PRESENT A TIONS/PROCLAMA TIONS: A. Mayor Porter presented a Fill the Boot Proclamation to the La Porte Fire Department Numerous volunteer firefighters were present to receive the award. 5. Consent Agenda A. Consider approving Minutes of the Special Called Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council held on May 21,2007. B. Council to consider approval or other action regarding awarding bid for Fairmont Elevated Tank Rehabilitation project to Gulf States Protective Coatings, inc. in the amount of $74,250, and authorize and addition $3,712 for contingency. C. Council to consider approval or other action awarding a bid for Concrete Pavement Project raising in the amount of $30,000.00. City Council Meeting and Workshop Meeting - June 11,2007 Page 2 D. Council to consider approval or other action regarding an ordinance authorizing the establishment of a Vacation Leave Donation Program and adopting an amendment to the City of La Porte Employee Policies Handbook by amending Chapter IV, "Leaves and Absences". E. Council to consider approval or other action regarding an ordinance authorizing an agreement between the City of La Porte and Tri-City Holdings, L.P., for conveyance of land and payment of detention credits to the City of La Porte for floodwater detention purposes and provision of services to Tri-City Holdings, L.P. according to the terms of the agreement. F. Council to consider approval or other action regarding an ordinance authorizing an agreement between the City of La Porte and the La Porte Redevelopment Authority for the Authority's management of the Lakes of Fairmont Green Public Improvement District. Motion was made by Council member Clausen to approve consent agenda as presented with the vote being changed to show Mike Mosteit absent. Second by Council member Beasley. Motion carried Ayes: Mosteit, Moser, Ebow, Beasley, Engelken, Clausen, Rigby, and Porter. Nays: None Abstain: None Absent: None 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX P AYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA. There were no citizens wishing to address City Council. Executive Session Item E was taken out of order at this time. Council retired to Executive Session at 6:13 p.m. and returned to the table at 6:47 with no action taken. Council reconvened the regular meeting at 6:48 p.m. 7. Council to consider approval or other action regarding an ordinance appointing a member of the City Council to serve as Mayor Pro-Tern of the City of La Porte, for the term expiring May 31, 2008. Assistant City Attorney Clark Askins read: ORDINANCE 2999-AN ORDINANCE APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO- TEM OF THE CITY OF LA PORTE, FOR THE PERIOD JUNE 12,2007, THROUGH JUNE 12,2008; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Ebow to approve Ordinance 2999 as presented bv Mavor Porter and appointing Councilmember Rigby as Mavor Pro-Tern. Second by Councilmember Moser. The motion carried. Ayes: Mosteit, Clausen, Moser, Ebow, Rigby, Beasley, Engelken, and Porter. Nays: None Abstain: None. City Council Meeting and Workshop Meeting - June 11,2007 Page 3 Absent: None 8. Council received a report from Fiscal Affairs Committee Chairman Chuck Engelken and considered approving Resolution amending an Investment Policy. Chuck Engelken presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: RESOLUTION NO 2007-10 - A RESOLUTION OF THE CITY OF LA PORTE, TEXAS, APPROVING AN INVESTMENT POLICY CONFIRMING TO ALL STATUTES GOVERNING INVESTMENT OF THE CITY OF LA PORTE'S FUNDS, INCLUDING, BUT NOT BY WAY OF LIMIT A TION, THE PUBLIC FUNDS INVESTMENT ACT, CHAPTER 2256, TEXAS GOVERNMENT CODE; FINDNG COMPLIANCE WITH THE OPEN MEETINGS LAW; AND SETTING AN EFFECTIVE DATE THEREOF. Motion was made bv Council member Engelken to approve Resolution 2007-10 as presented by Mr. Engelken. Second by Council member Ebow. The motion carried Ayes: Mosteit, Moser, Beasley, Ebow, Engelken, Rigby, Clausen and Porter. Nays: None Abstain: None Absent: None 9. Council to consider approval or other action regarding an ordinance approving and authorizing an Interlocal Agreement between the City of La Porte and North Central Texas Council of Governments, for cooperative purchasing for actuarial shared services. Controller Phyllis Rinehart presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 3000 - AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND NORTH CENTERAL TEXAS COUNCIL OF GOVERNMENTS FOR COOPERATIVE PURCHASING FOR ACTUARIAL SHARED SERVICES; 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 table Ordinance 3000 for two weeks. Second by Council member Ebow. The motion carried Ayes: Mosteit, Moser, Beasley, Ebow, Engelken, Rigby, Clausen and Porter. Nays: None Abstain: None Absent: None Council directed staff to get additional information from the financial advisors and rating agencies on how this would impact Bond Ratings if Bond Ratings would go up or down. City Council Meeting and Workshop Meeting - June 11,2007 Page 4 10. Council to consider approval or other action regarding an agreement between the City of La Porte and Gabriel, Roeder, Smith & Co; to perform Actuarial Consulting Services. Controller Phyllis Rinehart presented summary and recommendation and answered Council's questions. Motion was made by Council member Rigby to table agreement as presented.. Second by Council member Beaslev. The motion carried Ayes: Mosteit, Moser, Ebow, Beasley, Engelken, Rigby, Clausen and Porter. Nays: None Abstain: None Absent: None 11. Close Regular Meeting and Open Workshop at 7:11 p.m. A. CONSIDER REQUEST FROM HABITAT FOR HUMANITY AND PROVIDE FURTHER DIRECTION- J. Joerns Council directed staff to look at cost and bring back on a case by case basis for City Council to approve. 12. Closed the Workshop meeting and reconvened Regular Meeting at 7: 14 p.m. 13. Administrative Reports Interim City Manager John Joerns provided Council with the following Administrative Reports. 5th Annual Harris County Precinct Two Juneteenth Prayer Breakfast June 14, 2007 Sylvan Beach Pavilion 8:00 a.m. until 9:30 a.m., Annual Juneteenth Parade and Celebration June 16,2007, North 8th and Main Steet (Coffee 8:30 a.m. - 9:30 a.m. Jennie Riley Center), annual hamburger cook-out June 19,2007 at Sylvan Beach Pavilion at 6:30 p.m., Port of Houston Authority Dinner June 21, 2007, MN Sam Houston at 6:00 p.m. 14. Council Comments Clausen, Rigby, Moser, Beasley, Ebow, Engelken, Mosteit and Porter had comments. 15. 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 - 551.071 - (CONTEMPLATED L1TIGATION)- MEET WITH CITY ATTORNEY AND INTERIM CITY MANAGER FOR THE PURPOSE OF DELIBERATING THE PURCHASE, EXCHANGE, City Council Meeting and Workshop Meeting - June 11, lUU'! Page 5 LEASE OR VALUE OF REAL PROPERTY REGARDING COLVIN TRUST B. SECTION - 551.087 - (ECONOMIC DEVELOPMENT NEGOTIATIONS) MEET WITH INTERIM CITY MANAGER AND CITY ATTORNEY REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS TO DISCUSS PROJECT MUSTANG C. SECTION - 551.087 - (ECONOMIC DEVELOPMENT NEGOTIATIONS) MEET WITH INTERIM CITY MANAGER AND CITY ATTORNEY REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS TO DISCUSS PROJECT AUSTIN POWERS D. SECTION - 551.071 - (POTENTIAL OR PENDING LITIGATION) MEET WITH INTERIM CITY MANAGER AND ATTORNEY TO DISCUSS FLANAGAN SHIPPING LEASE E. 551.087 - (ECONOMIC DEVELOPMENT NEGOTIATIONS) MEET WITH NTERIM CITY MANAGER AND CITY ATTORNEY TO DISCUSS IDA NEGOTIATIONS Council retired to Executive Session at 7:45 p.m. and returned to the Regular Meeting and reconvened at 8:52 p.m. 16. Council to consider approval or other action regarding an ordinance approving and authorizing a settlement agreement between the City of La Porte and the Cynthia L. Colvin Revocable Living Trust. Assistant City Attorney presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 300 I -AN ORDINANCE APPROVING AND AUTHORIZING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CYNTHIA L. COLVIN REVOCABLE LIVING TRUST, A TEXAS TRUST; 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 Rigby to approve Ordinance 3001 as presented by Mr. Askins. Second by Council member Beasley. The motion carried Ayes: Mosteit, Moser, Beasley, Ebow, Engelken, Rigby, Clausen and Porter. Nays: None Abstain: None Absent: None 17. There being no further business to come before Council, the Regular Meeting was duly adjourned at 8:54 p.m. Lily Louncil Meeting and WorkShOp Meeting - June 11, lUU7 ~r~~daYOfJUne2007 Mayor Alton E. Porter Page 6 . ~e~t~.s~ -rk~t, TRMC, CMC City Secretary B REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: June 25.2007 Requested By: Wayne ~ Department: Plannine: Source of Funds: Fund 49 & Fund 15 Account Number: 049-9892-943-1100 015-9892-910-1100 015-9892-675-1100 Report: _Resolution: _Ordinance: _ Amount Budgeted: $310.000 Exhibits: Bid Tab Amount Requested: $310.040 Change Order # 1 Budgeted Item: -X-YES ~O SUMMARY & RECOMMENDATION The GolfComse Cart Path Maintenance & Railroad Depot project is for the replacement of approximately 9,000 linear feet of cart paths and the installation of approximately 400 linear feet of new sidewalk at the Depot. Bids were opened June 11,2007 with 3 contractors submitting proposals. The low bid was submitted by Brooks Concrete, Inc in the amount of $308,876.72. Staff reviewed the proposals and recommends that City Council consider authorizing the construction contract. The City has a prior work history with Brooks Concrete, on many projects the City has secmed their services to conduct concrete flat work and has found the fIrm's performance to be good to excellent. Also, staff recommends the authorization to execute Change Order # I (CO #1). CO #1 reduces the quantities for the sidewalk at the RR Museum. The quantities shown within the bid form were incorrect. The CO reduces the original base bid by $21,216.00 determining a new contract price of$287,660.72. The Cart Path repair is being funded by certifIcates of obligation in the amount of $300,000. The construction cost of $277,620.72 plus a construction contingency of $22,379.20 resulting in a total of $300,000 to be expended entirely within the golf comse complex. The Railroad Depot Museum sidewalk is being funded by the general fund in the amount of$10,040. Action Required by Council: Authorize the Interim City Manager to enter into contract with Brooks Concrete, Inc in the amount of $287,660.72 to perform cart path maintenance and install a new sidewalk. Also, to provide a construction contingency fund in the amount of $22,379.28 in the event unforeseen conditions are encountered or additional work is identified for a project cost totaling $310,040. L l~tJ ~7 ~ JUN-13-28e7 82:22 AM BROOKS CONCRETE 7139478444 P.el CHANGE ORDER No. PROJECT: La Porte Golf Course Cart Path MaintenlU1ce and RR~p~ c;ity of La Po~ 604 W. Falnnont Parkway LaPortl;, Texas 77571 i OATE OF ISSUANCE: 6-11-07 OWNER: . OWNER'S PROJECT NO. 5002.07 CONTRACTOR: Brooks Concrete ~O lS'Allen GenQJl fM&1~ !JXft~ .. \I'M , J You arc hereby ~i",cted to make the following changes in the Contract Documents: Dellcriptlon: Reduce estimated quantities for Item # 3 to total 1,600 sf @ S4.Z5/SF tor a total of $6,800 Purpose of Change O~der: Adjust tbe ..tlmated bid quantltles to "fled a more att:urate OD lite bid quantity Attachments: (List (focurnents supporting change) l-. CHAJ~GE TN <;:ONTRACT PRJCE: J . Original Contract Price CHANGE IN. CONTRACT TIME: Original Contract Time $308,876.72 90 days Previous Change Orders $..(}. Net Change from ~vious Change Orders + Contract Price prior to this Change Order $308,876.72 C~mtract Time prior to the Change Order .90 days . Net melll.e Doc:rea.e ofthl, Change Order $21,216 Net [rn;tease (D~erta6e) of this Change Order 4 days ~. Contract Price with all Apprq.ved Change Orders $281,660. n Contract rime with all Approved Change orders 90 days By: By: oWner RECOMMENDED: APPROVED: Engineer JUN-13-2007 02:22 AM BROOKS CONCRETE 7139478444 1".01 CHANGE ORDER No. PR01ECT: La Porte Golf Course Cart Path Maintenance and RR ~PQt DATE OF ISSUANCE: 6-11-07 OWNER: Ci~ ~f La Porte 604 W. Fairmont Parkway La Porte. TexIS 77571 8rooks Concrete 4018 Alkn GenoA PUadM Itw OWNER'S PROJECT NO. 5002-07 CONTRACTOR: '" You arc hereby directed to make the following changes in the Contra<:t Documents: De$cripdon: Iteduee estimated quantities ror Item # 3 to total 1,600 If @ S4.25/SF tor a total or 56,800 Purpose of Change Order: AdJult tbe ..limated bid quantltlel to refJect a more ."urate on lite bid quantity Attachments: (Listoocuments supponing change) ; CHA.&~GE TN CONTRACT PRICE: CHANGE IN CONTRACT TIME: i Original Contract Price Original Contract Time $308,876.72 90 days $-0- Net Change tom ~vious Change Orders ~o- Previous ChBIlge orders Contract Price prior to this Change Order $308,876.72 Contract Time prior to the Change Order 90 days Net Incfeue Docrea.e ofthfs Change Order $21,216 Net Increase (Deereaee) of this Change Order 4 days .. Contract Price with all Apprq.ved Change Orders $281.660.72 Contract Time with all Approved Change orders 90 days Engineer Owner ~P- RECOMMENDED: APPROVED: By: By: CITY OF LA PORTE Golf Coursa& Cart Path Maintenane& and RR D&pot CLP # 5002-07 6111/2007 BID TABULAnON ar-~on :serviceS yes , Teamwor1<: Construction Services yes 90 $ 436,522.00 Brooks Concrete Inc. yes 90 $ 308,876.72 c REQUEST FOR CITY COUNCIL AGENDA ITEM Aoorooriation Agenda Date Reqnested: :;; ~ Requested By: Wayne J. sr Department: Planninl! Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Report: _Resolution: _Ordinance: -X- Amount Requested: N/A Exhibits: A. Ordinance for Industrial District Agreement B. Industrial District Agreement C. Ord. for Water & Sewer Service Agreements D. Water Service Agreement E. Sanitary Sewer Service Agreement F. Area Map Budgeted Item: _YES -X-NO SUMMARY & RECOMMENDATION Vantage Development #39, Inc. has recently approached the City for water and sanitary sewer service to serve their proposed site in Bayport North Industrial Park II. Vantage will operate an office and warehouse distribution facility at this location. Council has approved a policy to provide utility services to companies located outside city limits and within the City's industrial districts. These companies are required to maintain a current Industrial District Agreement with the City. Vantage Development #39 Inc. desires to pursue water and sanitary sewer service under the terms of the policy. Based on the company's stated demand for domestic and industrial process uses, the average daily demand for water is 10,300 gallons per day. This demand includes utilization of water for the building's fire sprinkler system and landscape irrigation. The company's requested demand for both domestic and industrial process uses is within the City's policy limit of 30,000 gallons per day. The applicant will pay one and one-half (1-Y2) times the City's current utility rate. Vantage Development #39 Inc. is subject to an administrative fee in the amount of $15,000 for each agreement. Payment has subsequently been received in the amount of $30,000. The term of the Water Service Agreement and Sanitary Sewer Service Agreement expires on December 31, 2007, plus any renewals and extensions thereof. However, the agreements shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if the city exercises the right of termination. Staff recommends approval of the Industrial District Agreement, Water Service Agreement and Sanitary Sewer Service Agreement as submitted herein. Action Required bv Council: Approve an ordinance authorizing the City to enter into an Industrial District Agreement and an ordinance authorizing the City to execute a Water Service Agreement and Sanitary Sewer Service Agreement with Vantage Development #39, Inc. Approved for City Council A2enda ,A 0); 7 ( Dfte EXHIBIT "A" to AGENDA REQUEST FORM Ordinance for IDA ORDINANCE NO. 2000 - IDA- !:i)O 3 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH VANTAGE DEVELOPMENT #39, LLC, FOR THE TERM COMMENCING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2007, 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. VANTAGE DEVELOPMENT #39, INC. has executed an industrial district agreement with the City of La Porte, for the term commencing January I, 2001, and ending December 31, 2007, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. 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 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 25th day of June, 2007. By: ATTEST: ~~~~ city Secretary APP~2V d Knox W. Askins, City Attorney CCh::~y~ Alton E. Porter 2 EXHIBIT "B" to AGENDA REQUEST FORM Industrial District Agreement NO. 2000-IDA-~ ~ ~ STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and VANTAGE DEVELOPMENT #39, LLC., a Texas limited liability company, hereinafter called "COMPANY" , WIT N E SSE T H: WHEREAS, it is the established policy of the city Council of the city of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land") ; and said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the city Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City referred to above, City and Company hereby agree with each other as follows: FINAL DRAFT: February 24, 2000 I. city covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, city does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "C" and made a part hereof; and provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas LegiSlature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu II payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by City, at City's expense, by an independent appraiser of City's selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. 2 Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. On or before April 15, 2001, and on or before each April 15th thereafter, unless an extension is granted in accordance with the Texas Property Tax Code, through and including April 15, 2007, Company shall provide City with a written description of its Land and all improvements and tangible personal property located on the Land as of the immediately preceding January 1st, stating its opinion of the Property's market value, and being sworn to by an authorized officer of the Company authorized to do so, or Company's duly authorized agent, (the Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District rendition form, or similar form. The properties which the Company must render and upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection D, of this Paragraph III (sometimes collectively called the "property") i provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. A failure by Company to file a Rendition as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to City a written report of the names and addresses of all persons and entities who store any tangible personal property on the Land by bailment, lease, consignment, or other arrangement with Company ("products in storage"), and are in the possession or under the management of Company on January 1st of each Value Year, further giving a description of such products in storage. C. On or before the later of December 31, 2001, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2007, Company shall pay to city an amount "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year") . D. Company agrees to render to city and pay an amount "in lieu of taxes" on Company's Land, improvements and tangible personal property in the unannexed area equal to the sum of: 1. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts payable pursuant to subparagraph 2, below), had been within the corporate limits of City and appraised 3 each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 2000, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction in progress, an amount equal to Thirty percent (30%) of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of city and appraised by city's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. (b) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2000; or ii. a cumulative value of at least $3,500,000.00. For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing Property values have depreciated below the Property value established on January 1, 2000, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2000, value; and 3. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, had been within the corporate limits of City and appraised each year by the city's independent appraiser, 4 in accordance with the applicable provisions of the Texas Property Tax Code. with the sum of 1, 2 and 3 reduced by the amount of city's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2001, and continuing thereafter until December 31, 2007, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2007, the agreement of city not to annex property of Company within the District shall terminate. In that event, city shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the state of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. V. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due to City in accordance with the 5 foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make paYment to City of any additional paYment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree with any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice to the city of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" paYments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article VI B. Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" paYments which would be due hereunder on the basis of Company's valuations rendered and/or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators shall be created composed of one person named by Company, one by city, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the u.S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" paYment and total paYment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including 6 expert oplnlon, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration", Texas civil Practice and Remedies Code). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. city shall be entitled to a tax lien on company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in paYment of "in lieu of taxes" paYments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If city enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. X. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. without such agreement neither party hereto would enter into this Agreement. In the event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, 7 corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. ENTERED INTO effective the 1st day of January, 2001. VANTAGE DEVELOPMENT #39, LLC / Address ~o vi. ::;;1::::,\lIVIPlc-f ~ #C{a~ v s.~ ~ Dc.( ( ~~~ C1t Secre ary By: ~i~~ Alton E. Porter Mayor AP(Z;; t/ ~ Knox W. Askins City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 By: ..-----. CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 8 That certain tract of land owned by Vantage Development #39, LLC, in the Bayport North Industrial Park II, Reserve "A", a subdivision in the Bayport Industrial District of the City of La Porte, Harris County, Texas, according to the map or plat thereof recorded in the Office of the County Clerk of Harris County, Texas, reference to which is here made for all purposes, together with all improvements thereon situated. EXHIBIT "A" TRACT 1 METES & BOUNDS DESCRIPTION 41.7070 ACRES OUT OF THE WILLIAM M. JONES SURVEY, A-482 HARRIS COUNTY, TEXAS All that certain 41.7070 acres of land out of certain called 11.4012 acre tract as described in a deed dated 09-26-2005 from Sunoco Polyolefins, L.P. to North Bayport Pasadena IP, LP., Inc. filed in the Official Public Records of Real Property of Harris County, Texas at Clerk File No. Y-780859, Film Code No. 011- 77-2288 and residue of certain called 347.2 acre tract as described in a deed dated 02-24-2003 from Huntsman Polymers Corporation to Tuffli Company, Inc. filed in the Official Public Records of Real Property of Harris County, Texas at Clerk File No. W-512838, Film Code No. 564-49-2160 out of the William M. Jones Survey, A-482, Harris County, Texas and ~eing more particularly described by metes and bounds as follows: Commencing at a found "RR" spike in asphalt marking the northeast comer of Bayport North Industrial Park according to the plat thereof filed at Film Code No. 437010. Harris County Map Records said point also being located in the south right-of-way line of Fairmont Parkway (250' wide) at its intersection with the east right-of-way line of Underwood Road (50' wide); Thence N 75044' 17" E - 88.32', with the south right-of-way line of said Fairmont Parkway to a found 5/8" iron rod with cap marked No. 2763 marking the beginning of a non-tangent curve to the right having a central angle of 00018' 31", a radius of 5,920.79', a chord bearing of N 78006'40" E, a chord distance of 31.90'; Thence continuing with said south rlght-of- way line for an arc distance of 31.90' to a set 5/8" iron rod with cap for a point on a curve to the right and POINT OF BEGINNING of the herein described tract; said point on a curve having a central angle of 080 06' 50", a radius of 5,920.79', a chord bearing of N 82019'20" E, a chord distance of 837.16'; THENCE continuing with said south right-of~way line of Fairmont Parkway for an arc distance of 838.46' to a set 5/8" iron rod with cap marking the west end of a 20' cut back line; . THENCE S 480 20' 39" E - 28.20', with the said cut back line, to a set 5/8" iron rod with cap for comer; THENCE S 030 09' 51" E - 157.55' to a set 5/8" iron rod with cap marking the Point of Curvature of a curve to the left having a central angle of 18023' 40", a radius of 530.00', a chord bearing of S 12021'41" E, a chord distance of 169.42'; THENCE continuing with said curve for an arc distance of -170.15' to a set 5/8" iron rod with cap for a Point of Reverse of a curve to the right having a central angle of 19037' 17", a radius of 470.00', a chord bearing of S 11044'53" E, a chord distance of 160.17'; THENCE continuing with said curve for an arc distance of 160.96' to a set 5/8" iron rod with cap marking the Point of Tangency: THENCE S 010 56' 14" E - 1,468.48' to a set 5/8" iron rod with cap marking the north end of a 20' cut back line; THENCE S 420 43' 18" W - 28.45', with the said cut back line, to a set 5/8" iron rod with cap for corner; THENCE S 870 22' 51" W - 895.07' to a set 5/8" iron rod with cap marking the east end of a 20' cut back line; THENCE N 470 16' 42" W - 28.12', with the said cut back line, to a set 5/8" iron rod with cap for comer; THENCE N 010 56' 14" W - 1,873.79', 98' east and parallel with the said east right-of-way line of Underwood Road, to a set 5/8" iron rod with cap located in the south right-of.way line of said Fairmont Parkway at its intersection with the west end of a 20' cut back line; THENCE N 380 06' 56" E - 30.62', with the said cut back line, to the POINT OF BEGINNING and containing 41.7070 acres (1,816,756) of land, more or less. Compiled from survey by: PREJEAN & COMPANY, INC. Surveying / Mapping 256-4-9RA.mb November 28. 2006 "EXHIBIT B" (Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte.) BUILDING 1 . 4331 UNDERWOOD DR BUILDING 2 . 4035 UNDERWOOD DR \ ~ .; \ 0 11111I11 AVlIIIIIII \. '\ / "- ~LOC IIIIIIIIIIII~IIIIIIIIIIIIII 0 ~ 1I11 hi III 1lRIIIII H 1111"---" C!J LO = = z 'J S rr;; = = C~ 250 ~.: ~ e <.,.. = = "'" = Ii!! ] 0 5,9' ,--- ..J to :OJ --" 0 :::::; ~ Ci = oL.--- -,j - ;r- ~ - :r..-;= M 200 =,: t= \:= o 0 l 0 0 0 0 0 0 0 \:= LO 50' 0 0 0 0 0 0 LOADING = 130' = g Bl Jll )1~ == ~ B JIt on ~G 0 0 0 0 0 G 10 = 2 50' 0 0 0 0 ~ 00 60( :l08 = 17 ',5C O~ a =T g 0 0 ,00 .~~F T = ~ LOADING LO 0 ^' ^' 0 = S. ,)A'_ .. i"1 :AO LO -, 161' OO~ t'<I 0- n111711( 10~ ~.~~ RIN LEf ED 0 0 ;~p ~~K ER ~Q ~ SF SY TEt. FR YS EM 0 0 'i - ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 i= ~ 50' \:= 0: 0 0 \:= <- LOADING 0> u. 50' ID ~ LO = 130' 0 0 0 0 0 0 0 0 = LO 0 0 0 0 0 0 0 = L :::::: ~J ~ ~ \ ~ 0 0 ~ \:= -"" [~=1 - 50' L- ~ ~ C!J 1=1= P- =I ...~ . .. ..: Z. ~ ~ p\:= = -0 =se 00> ;::: =l '-....J \ I \ \ 1M \ \ 111111tl'i>I I'IIdM \ I \ I L-./ <.,.. ~ c: 0 ..J ~ rllllllllllllll~RIIIIIIIIII 0 0 'I LO 11111111111711111111 LO ( "\ ( "\ ( ( WEST DRIVE a: o w o < () w o ?; w z UNDERWOOD ROAD nEXHIBIT en Page 1 of 2 RULES AND REGULATIONS Any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be subject to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit "A" which is adjacent to Fairmont Parkway, State Highway 225, or State Highway 146. 1. Any sign erected in said 100' strip of land shall be subject to the following provisions: . One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of-way. . Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. . One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights-of-way. . Freestanding identification signs for multiple businesses shall not exceed 350 square feet. . Freestanding identification signs shall not exceed 45 feet in height. . Minimum setback for sign construction shall be ten (10) feet from property lines. 2. When Land adjacent to said 100' strip is developed, the initial 50' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. b) The use of earthen berms with approximately 3: 1 side slopes, 50' wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. -----_._._-_.-.,"._---~_.,._---_._._--_.... -'" .._-'"-"~_._---~----_._-----_._-_._._--~_._--_.._- REXHIBIT CR Page 2 of 2 c) A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation and maintenance of the public utility facilities. For items band c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. For cases of new development or improvements where a 50' landscape easement is not available or practical, Company shall meet with City to determine a suitable landscaping alternative. 3. Driveways opening from said strip of land onto State Highway 225 or State Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and provisions of the City's Code of Ordinances, whichever is more restrictive. Driveways opening from said strip of land onto Fairmont Parkway shall be subj ect to the rules and regulations of Harris County and provisions of the City's Code of Ordinances, whichever is more restrictive. 4. Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. 5. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and City. NO. 2000-IDA- ~ !!i !!i STATE OF TEXAS !!i !!i COUNTY OF HARRIS !!i INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and VANTAGE DEVELOPMENT #39, LLC., a Texas limited liability company, hereinafter called "COMPANY" , WIT N E SSE T H: WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land") ; and said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City referred to above, City and Company hereby agree with each other as follows: FINAL DRAFT: February 24, 2000 I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit" C" and made a part hereof; and provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" paYments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by City, at City's expense, by an independent appraiser of City's selection. The parties recognize that in making such appraisal for "in lieu" paYment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. 2 Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. On or before April 15, 2001, and on or before each April 15th thereafter, unless an extension is granted in accordance with the Texas Property Tax Code, through and including April 15, 2007, Company shall provide City with a written description of its Land and all improvements and tangible personal property located on the Land as of the immediately preceding January 1st, stating its opinion of the Property's market value, and being sworn to by an authorized officer of the Company authorized to do so, or Company's duly authorized agent, (the Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District rendition form, or similar form. The properties which the Company must render and upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection D, of this Paragraph III (sometimes collectively called the "Property") i provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. A failure by Company to file a Rendition as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to City a written report of the names and addresses of all persons and entities who store any tangible personal property on the Land by bailment, lease, consignment, or other arrangement with Company ("products in storage"), and are in the possession or under the management of Company on January 1st of each Value Year, further giving a description of such products in storage. C. On or before the later of December 31, 2001, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2007, Company shall pay to City an amount "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year") . D. Company agrees to render to City and pay an amount "in lieu of taxes" on Company's Land, improvements and tangible personal property in the unannexed area equal to the sum of: 1. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts payable pursuant to subparagraph 2, below), had been within the corporate limits of City and appraised 3 each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 2000, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction in progress, an amount equal to Thirty percent (30 %) of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. (b) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2000; or ii. a cumulative value of at least $3,500,000.00. For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing Property values have depreciated below the Property value established on January 1, 2000, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2000, value; and 3. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, had been within the corporate limits of City and appraised each year by the City's independent appraiser, 4 in accordance with the applicable provisions of the Texas Property Tax Code. with the sum of 1, 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2001, and continuing thereafter until December 31, 2007, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2007, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, Section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. V. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due to City in accordance with the 5 foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make paYment to City of any additional paYment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree with any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" paYments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article VI B. Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" paYments which would be due hereunder on the basis of Company's valuations rendered and/or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the u.S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" paYment and total paYment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including 6 expert op1n10n, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subj ect only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration", Texas civil Practice and Remedies Code). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in paYment of "in lieu of taxes" paYments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. X. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. Without such agreement neither party hereto would enter into this Agreement. In the event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, 7 corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. ENTERED INTO effective the 1st day of January, 2001. VANTAGE DEVELOPMENT #39, LLC BY~~~ J.tle:__ ~ Address: ~\:.... SQWl~~~j/o.).Ik!CJ6 ~~ I -r-JC /701./ ( ATTEST: ~ lie1/- CJ.t cretary By: CftY OF LA PORTE ~~.~ Alton E. Por er Mayor A~~~ Knox W. Askins City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 By: CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 8 That certain tract of land owned by Vantage Development #39, LLC, in the Bayport North Industrial Park II, Reserve "A", a subdivision in the Bayport Industrial District of the City of La Porte, Harris County, Texas, according to the map or plat thereof recorded in the Office of the County Clerk of Harris County, Texas, reference to which is here made for all purposes, together with all improvements thereon situated. EXHIBIT RAn ( TRACT 1 METES & BOUNDS DESCRIPTION 41.7010 ACRES OUT OF THE WILLIAM M. JONES SURVEY, A482 HARRIS COUNTY, TEXAS ( All that certain 41.7070 acres of land out of certain called 11.4012 acre tract as described in a deed dated 09-26-2005 from Sunoco Polyolefins, loP. to North Bayport Pasadena IP, LP., Inc. filed in the Official Public Records of Real Property of Harris County, Texas at Clerk File No. Y-780859, Film Code No. 011- 77-2288 and residue of certain called 347.2 acre tract as described in a deed dated 02-24-2003 from Huntsman Polymers Corporation to Tuffli Company, Inc. filed in the Official Public Records of Real Property of Harris County, Texas at Clerk File No. W-512838, Film Code No. 564-49-2160 out of the William M. Jones Survey, A-482, Harris County, Texas and being more particularly described by metes and bounds as follows: . Commencing at a found uRR" spike in asphalt marking the northeast corner of Bayport North Industrial Park according to the plat thereof filed at Film Code No. 437010, Harris County Map Records said point also being located in the south right-of-way line of Fairmont Parkway (250' wide) at its intersection with the east right-of-way line of Underwood Road (50' wide); Thence N 75044' 17" E - 88.32', with the south right-of-way line of said Fairmont Parkway to a found 5/8" iron rod with cap marked No. 2763 marking the beginning of a non-tangent curve to the right having a central angle of 00018' 31", a radius of 5,920.79', a chord bearing of N 78006'40" E, a chord distance of 31.90'; Thence continuing with said south right-of- way line for an arc distance of 31.90' to a set 5/8" iron rod with cap for a point on a curve to the right and POINT OF BEGINNING of the herein described tract; said point on a curve having a central angle of 080 06' 50", a radius of 5,920.79', a chord bearing of N 82019'20" E, a chord distance of 837.76'; THENCE continuing with said south right-of-way line of Fairmont Parkway for an arc distance of 838.46' to a set 5/8" iron rod with cap marking the west end of a 20' cut back line; . THENCE S 480 20' 39" E - 28.20', with the said cut back line, to a set 5/8" iron rod with cap for corner; THENCE S 030 09' 51" E - 157.55' to a set 5/8" iron rod with cap marking the Point of Curvature of a curve to the left having a central angle of 18023' 40", a radius of 530.00', a chord bearing of S 12021'41" E, a chord distance of 169.42'; THENCE continuing with said curve for an arc distance of .170.15' to a set 5/8" iron rod with cap for a Point of Reverse of a curve to the right having a central angle of 19037' 17", a radius of 470.00', a chord bearing of S 11044'53" E, a chord distance of 160.17'; THENCE continuing with said curve for an arc distance of 160.96' to a set 5/8" iron rod with cap marking the Point of Tangency: THENCE S 010 56' 14" E - 1,468.48' to a set 5/8" iron rod with cap marking the north end of a 20' cut back line; THENCE S 420 43' 18" W - 28.45', with the said cut back line, to a set 5/8" iron rod with cap for corner; THENCE S 87022' 51" W - 895.07' to a set 5/8" iron rod with cap marking the east end of a 20' cut back line; THENCE N 47016' 42u W - 28.12', with the said cut back line, to a set 5/8" iron rod with cap for corner; THENCE N 010 56' 14" W - 1,873.79', 98' east and parallel with the said east right-ot-way line of Underwood Road, to a set 5/8" iron rod with cap located in the south right-at-way line at said Fairmont Parkway at its intersection with the west end ot a 20' cut back line; THENCE N 380 06' 56" E - 30.62', with the said cut back line, to the POINT OF BEGINNING and containing 41.7070 acres (1,816,756) of land, more or less. Compiled from survey by: PREJEAN & COMPANY, INC. Surveying I Mapping 256-4-9RA.mb NnvAmber 28. 2006 REXHIBIT BR (Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte.) BUILDING 1 . 4331 UNDERWOOD DR BUILDING 2 . 4035 UNDERWOOD DR \. ) \. ) \. '\ / \. b 1IIIIIIlnVlllnlfT \. It) 1111111111112~1111111111111 ~C b r-lllmIIII19RIIIIIII,mllll" ~ It) = == Z. ~~ -0 ;r-o 250 ...,.,: ~ ~ C(l) Oil) E 0<(..... "<t =..,~ ] 0 Iiii Iii ---. 5,9' ~ -l --, L--.L c '--- [\j = ~ - ~ Ci.l 200 ~ ~ b c ~ , 0 0 0 0 0 0 0 ~ It) 50' c 0 0 0 D 0 LOADING ~ 130' 1:= ~ g Bl ilL )U '- ~ i BI JtL 011 ~G 0 0 0 0 D G 10 = 2 50' 0 0 D D = ~ 17 ),5C O~ QI =T g ob 0 0 60C ,00 )08 ::;} F T Ulm~ LOADING It) 0 0 = ~ '.( .. ("I i=.6.R ' -, -. ,~ ~ 161' ." 00'* 0.. ClJlllllf 100E ~~~ RIN L~~ ED 0 0 ~~p ~~K ER Q ~ SF SY TE E FR YS EM 0 0 '% = 0 0 0 0 D 0 0 = 0 c c 0 0 0 0 0 ~ 50' = 0 b I:::': <- LOADING 50' (l) <<> It) '= u. 130' . ~ c 0 0 0 0 0 0 0 == c 0 0 0 D 0 = :~ == \ ,..----,. r:::)D [~- c c c l= == ~ 50' ~ ~ ~ "'- = ~ z. ~ ~ -0 1= == C(l) = = "---.JIIII 1'1111 11~51IFIHIIII L...-/ ~~ 0<(..... -::J L 0 -l (lilllllllllllllaAIIIIIII b b 1 It) 11111111111111111111 It) ( '\ ( '\ ( WEST DRIVE 0: C UJ C 0<( C) UJ C ?: w z UNDERWOOD ROAD nEXHIBIT en Page 1 of 2 RULES AND REGULATIONS Any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, state Highway 225, or State Highway 146 shall be subject to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit "A" which is adjacent to Fairmont Parkway, State Highway 225, or State Highway 146. 1. Any sign erected in said 100' strip of land shall be subject to the following provisions: . One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of-way. . Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. . One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights-of-way. . Freestanding identification signs for multiple businesses shall not exceed 350 square feet. . Freestanding identification signs shall not exceed 45 feet in height. . Minimum setback for sign construction shall be ten (10) feet from property lines. 2. When Land adj acent to said 100' strip is developed, the initial 50' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. b) The use of earthen berms with approximately 3: 1 side slopes, 50' wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. "EXHIBIT e" Page 2 of 2 c) A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation and maintenance of the public utility facilities. For items band c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. For cases of new development or improvements where a 50' landscape easement is not available or practical, Company shall meet with City to determine a suitable landscaping alternative. 3. Driveways opening from said strip of land onto State Highway 225 or State Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and provisions of the City's Code of Ordinances, whichever is more restrictive. Driveways opening from said strip of land onto Fairmont Parkway shall be subj ect to the rules and regulations of Harris County and provisions of the City's Code of Ordinances, whichever is more restrictive. 4 . Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. 5. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and City. EXlIIBIT "C" to AGENDA RE \JEST FoRM ordinance for WSA & SSSA ORDINANCE NO. 2007-Joo1 AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND VANTAGE DEVELOPMENT #39, LLC, 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, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. section 2. The City Council officially finds, determines, recites, and declares that 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 afteI its passage and approval, and it is so ordered. PASSED AND APPROVED, this 23rd day of April, 2007. CITY OF LA PORTE ~~y~ By: Alton E. Porter, Mayor ATTEST: ~1bfJJI ' M r a A. Gillett City Secretary APPROVED: d O;e-dUl ~ Knox W. Askins, City Attorney 2 EXHIBIT "D" to AGENDA REQUEST FORM Water Service Agreement I STATE OF TEXAS S COUNTY OF HARRIS S WATER SERVICE AGREEMENT (for Companies located in Bayport North Industrial Park II) This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and VANTAGE DEVELOPMENT #39, LLC, hereinafter called "COMPANY". I. COMPANY is the owner of certain real property which is situated in CITY'S Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. COMPANY is desirous of purchasing potable water from CITY for usual human domestic consumption and uses, and for limited industrial processes as hereinafter stated. Previous planning considerations for the long-range potable water supply of CITY did not include the needs of . property located outside the city limits of CITY. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY agrees, however, to provide limited potable water service to COMPANY. For and in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to-wit: III. COMPANY has made certain representations to CITY as to its number of employees, and/or its desired amount of potable water for limited industrial processes, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. 2 Upon review of these representations, the City has determined the following: Number of Company Employees on site 160 Number of Contract Employees on site 40 Total on-site Employees 200 Potable Water Approved for Domestic Use (Total on-site Employees times 50 gpd per employee) 10,000 *Potable Water Approved for Industrial Processes (gpd) 300 Total Amount of Potable Water Approved for Company (Average Daily Demand, gpd) 10,300 IV. CITY has determined that adequate facilities are available to CITY to furnish potable water to COMPANY based on the following terms and conditions, to-wit: (A) Company shall pay to CITY a one-time administrative connection charge of $ 15,000. (B) Potable water used for Industrial Processes shall be limited to the following: Building fire sprinkler (designed for ordinary hazard grOUp 2, 350-450 gpm), landscape irrigation. (C) COMPANY shall file an application for water service with CITY'S Utility Billing Division and pay appropriate deposit and water meter charge. CITY shall be responsible for furnishing and installing meter at Company's expense. COMPANY shall be responsible for installing appropriate meter box to be approved by City. (D) Where applicable, COMPANY shall also pay to CITY $ N/ A as a pro-rata reimbursement for installation of utility mains funded by other parties. (E) The total amount of potable water approved (average daily demand) is established at TEN THOUSAND THREE HUNDRED (10,300) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY, plus any amount approved for industrial processes. 3 (F) The average monthly demand of THREE HUNDRED FOURTEEN THOUSAND ONE HUNDRED FIFTY (314,150) gallons is established by multiplying the average daily demand by a factor of 30.5, which shall be used to facilitate service billings. (G) The cost of water up to the average monthly demand of THREE HUNDRED FOURTEEN THOUSAND ONE HUNDRED FIFTY (314,1 50) gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (H) The cost of water for amounts used in excess of the established average monthly demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (I) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of THREE HUNDRED FOURTEEN THOUSAND ONE HUNDRED FIFTY (314,150). Repeated consumption greater than the established average monthly demand may result in termination of service. (1) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (K) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (L) The total cost for the engineering design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of COMPANY. (M) COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of potable water to customers within the corporate limits of CITY. 4 (N)All plumbing installed by COMPANY connected to the domestic water line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of potable water to COMPANY. (O)A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY to protect CITY from any possible cross-connections. (P) The potable water supply system will be segregated from any existing and future COMPANY fire protection system. (Q) There shall be no resale of the water provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (R) COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. Company's development may be subject to certain additional requirements as described in Exhibit A. These requirements shall be shown on the site plan and approved by City. V. All expenses of the installation of the meter; service lines from the main to the meter; and from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. VI. CITY will have ownership and maintenance responsibility for its water mains, and service lines up to and including CITY'S water meter. In the event a State or Harris County license, permit, 5 or permission to install the water main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S water facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VIII. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. IX. Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another water supply. If the transition is not complete within said six- month period, CITY shall have the right to terminate water service at its sole discretion. X. In the event of any conflict between the terms and provisions of this Water Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Water Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall terminate on December 31, 2007. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. 6 ENTERED INTO effective the {)5#- day of -rIA n( CITY OF LA PORTE ATTEST: APa;Jw ~ Knox W. Askins City Attorney City Attorney PO Box 1218 La Porte, TX 77572-1218 Phone: (281) 471-1886 Fax: (281) 471-2047 ,2007. V ANT AGE DEVELOPMENT #39. LLC, Company By: am . e: t'J. Address~aw. ~1~l~J::O I~~, t/?tblf! ~I "". IICbi . By: rCITY OF LA PORTE '~LY~ \ Alton E. Porter Mayor By: City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 Phone: (281) 471-5020 Fax: (281) 471-7168 7 This is EXHIBIT A, consisting of 1 page, referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY dated Initial: CI~~f- COMPA~ ADDITIONAL REQUIREMENTS The Agreement is amended and supplemented to include the following agreement of the parties. COMPANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMPANY are an integral part of the consideration by COMPANY for obtaining the provision of water and/or sanitary sewer service from CITY. 1) Storm Water Plan: For new development COMPANY shall provide a Storm Water Management Plan that is approved by Harris County Flood Control District and CITY. COMPANY shall construct and maintain any storm water system as a condition of continued water and/or sewer service. 2) Beautification Efforts: COMPANY shall submit a Landscaping Plan subject to approval by CITY. COMPANY shall install and maintain landscaping along its existing developed frontage as per approved Landscaping Plan as a condition of continued water service. EXHIBIT "E" to AGENDA REQUEST FORM Sanitary Sewer Service Agreement 1 ST ATE OF TEXAS S COUNTY OF HARRIS S SANIT ARY SEWER SERVICE AGREEMENT (for Companies located in Bayport North Industrial Park II) This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and VANTAGE DEVELOPMENT #39, LLC, hereinafter called "CaMP ANY". 1. COMPANY is the owner of certain real property, which is situated in CITY'S Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. COMPANY is desirous of purchasing sanitary sewer service from CITY for usual human domestic uses. COMP ANY recognizes that CITY cannot at this time provide permanent and unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to COMPANY. For and in consideration of furnishing sanitary sewer service by CITY, the parties hereto agree as follows, to-wit: III. COMPANY has made certain representations to CITY as to its number of employees, and/or its desired amount of sanitary sewer from limited industrial processes, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. 2 Upon review of these representations, the City has determined the following. Number of Employees on-site 160 Number of Contract Employees 40 Total on-site Employees 200 Sanitary Sewer Desired for Domestic Use (Total on-site times 50 gpd per employee) 10,000 Sanitary Sewer Approved for Industrial Processes (gpd) o Total Amount of Sanitary Sewer Approved by Company (Average Daily Demand, gpd) 10,000 IV. CITY has determined that adequate facilities are available to allow CITY to furnish sanitary sewer to COMPANY based on the following terms and conditions, to-wit: (A). Company shall pay to CITY a one-time administrative connection charge of $ 15,000 . (B). COMPANY shall file an application for sanitary sewer service with CITY'S Utility Billing Division and pay appropriate deposit. (C). The average daily demand is established at TEN THOUSAND (10,000) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (D). The average monthly demand is calculated to be eighty-five percent (85%) of the average daily demand multiplied by a factor of 30.5, which shall be used to facilitate service billings. (E). The cost of sanitary sewer service up to the average monthly demand of TWO HUNDRED FIFTY-NINE THOUSAND TWO HUNDRED FIFTY (259,250) gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (F). The cost of sanitary sewer service for amounts in excess of the established average monthly 3 demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (G). Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of TWO HUNDRED FIFTY-NINE THOUSAND TWO HUNDRED FIFTY (259,250) gallons. Repeated sanitary sewer delivery greater than the established average monthly demand may result in termination of service. (H). COMPANY agrees that during periods when the CITY'S collection system is surcharged, the CITY may require the suspension of use of the sanitary sewer system for periods not to exceed thirty-six hours. (I). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to COMPANY if an emergency arises and there is not an adequate sewer collection or treatment capacity to meet the needs of the citizens of La Porte. (J). COMPANY agrees that it shall be bound by CITY'S Industrial Waste Ordinance (Chapter 74, Article II of the Code of Ordinances) and any subsequent amendments or revisions. (K). The total cost for the engineering design and construction of any sanitary sewer main, service line, lift station, meter or other required appurtenances will be the responsibility of COMPANY. (L). COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of sanitary sewer service to customers within the corporate limits of CITY. (M). All plumbing installed by COMPANY connected to the sanitary sewer line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of sanitary sewer service to COMPANY. 4 (N). There shall be no resale ofthe sanitary sewer service provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (0). COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. Company's development project may be subject to certain additional requirements as described in Exhibit A. These requirements shall be shown on the site plan and approved by City. V. All expenses of the installation of service lines from the main to the COMPANY'S facilities shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities. VI. CITY has no ownership and/or maintenance responsibility for the sanitary sewer mains and/or service lines within Bayport North Industrial Park. In the event a State or Harris County license, permit, or permission to install the sanitary sewer main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of CaMP ANY'S sanitary sewer facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VIII. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide CaMP ANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the 5 integrity of the public sanitary sewer system is threatened. IX. Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another sanitary sewer service provider. If the transition is not complete within said six-month period, CITY shall have the right to terminate sanitary sewer service at its sole discretion. x. In the event of any conflict between the terms and provisions of this Sanitary Sewer Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Sanitary Sewer Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall terminate on December 31, 2007. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. ENTERED INTO effective the ~ day of (JU nf /' ,2007. By: V ANT AGE DEVELOPMENT #39. LLC Company ff~~ Address: ~()W ~OJNl ~ ~~IFC/aJ (+-~ I J)Ci7ol(( By: CITY OF LA PO~ Q;~hl\~ Alton E. Porter . Mayor Martha A. Gillett City Secretary APtZ;:w~ Knox W. Askins City Attorney By: 6 This is EXHIBIT A, consisting of 1 page, referred to in and part of the Water Servict: Agreement and/or Sanitary Sewer Servict: Agreement between CITY and COMPANY dated Initial: ADDITIONAL REQUIREMENTS CITY COMPANY~ The Agreement is amended and supplemented to include the following agreement of the parties. COMPANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water and/or sanitary sewer to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMPANY are an integral part of the consideration by COMPANY for obtaining the provision of water and/or sanitary sewer service from CITY. 1) Storm Water Plan: For new development COMPANY shall provide a Storm Water Management Plan that is approved by Harris County Flood Control District and CITY. COMPANY shall construct and maintain any storm water system as a condition of continued water and/or sewer service. 2) Beautification Efforts: COMPANY shall submit a Landscaping Plan subject to approval by CITY. COMPANY shall install and maintain landscaping along its existing developed frontage as per approved Landscaping Plan as a condition of continued water service. 3) Sampling Well: COMPANY shall install a sanitary sewer sampling well in accordance with CITY's standards. 4) Industrial Waste Permit: COMPANY shall submit application to CITY for industrial waste permit. EXHIBIT "F" to AGENDA REQUEST FORM Area Map WICHITA DR ORa::: o AREA MAP Ri OR ir o GL.ENVAlLEYOR ..~ o . .... .' . .'U; ~ MEADQWCRf;SrOR ;oCREEKYI~ DR SPENCER HWY . OLD ORCHARO RD' ANTRIM LI\I ....0-1...... '.h.'. '~~...i>lN ~ .- ~""'I.A; <& ~ ~ '. ItL.Qij,(N~' ~lil; K ~' ~ 'S... ~ 1 4: 1Ju.<::j..... N WeE s a::: o I- z SIOUX DR ~ ~ RUSTIC GATE RD ~ ~ fa I-" (,) (,) ~ CANIFF RD ROCKY HOLLOW RD (,) MOHAWK DR TEJAS CT w II <c- ~. .~ .;:; ANDRICKS RD ~'. e .! MONTGOMERY LN ~. a::_~ .... ". CATLETT LN ~. BELFAST LN DOVER HILL RD "If (,) CARLOW LN ~ct ~ .q.'f(;' ~ -n\\,.\''fI..O ~\1f. ~ ~ VANTAGE DEVELOPMENT #39 - SITE LOCATION g J... /1l ~ IJJ (5 lJ W MAIN S a::. o ~ w ~ u.. o a:: c( o c( z c( (,) o a:: a:: W ~' ~ a:: w In $ I a ObGwoooo~ IOLEWQOOOR MUL8ERRY OR CO(.lIflGSWOOO OR 81RCH OR UO::"'''''UIl'r",OR a:: o :;AN ORg ~ ~ D REQUEST FOR CITY COUNCIL AGENDA ITEM AJ)J)rooriation Agenda Date Reqnested: ~ Requested By: Wayne J. / Department: Plannin2 Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Report: _Resolution: _Ordinance: -X- Amount Requested: N/A Exhibits: A. Ordinance for Industrial District Agreement B. Industrial District Agreement C. Ord. for Water & Sewer Service Agreements D. Water Service Agreement E. Sanitary Sewer Service Agreement F. Area Map Budgeted Item: _YES -X-NO SUMMARY & RECOMMENDATION CJCD Partners, Ltd. (Valsource International, LLC, Lessee) has approached the City for water and sanitary sewer service to the company's proposed site in Bayport North Industrial Park. Council has approved a policy to provide water and sanitary sewer service to companies located outside the city limits and within the City's industrial districts. These companies are required by the policy to execute and maintain an Industrial District Agreement with the City. CJCD Partners, Ltd. (Valsource Intemational, LLC, Lessee) desires to acquire water and sanitary sewer service under the terms of this policy. Based on the company's stated demand for domestic and industrial process uses, the average daily demand for water is 1,600 gpd which is within the policy's limit of 30,000 gallons per day. This demand includes utilization of water for the building's fire sprinkler system and landscape irrigation. The applicant will pay one and one-half (1-%) times the City's current utility rate. Additionally, CJCD Partners, Ltd. (Valsource International, LLC, Lessee) is subject to an administrative fee for its Water Service and Sanitary Sewer Service Agreements of $5,000 each. Payment has subsequently been received from the company in the amount of $10,000. The terms of the IDA, WSA and SSSA expire on December 31, 2007, plus any renewals and extensions thereof. However, the agreements shall automatically expire at such time as there is no effective IDA between the parties or, if the city exercises the right of termination. Staff recommends approval of an Industrial District Agreement, Water Service Agreement and Sanitary Sewer Service Agreement as submitted herein. Action Reauired bv Council: Approve an ordinance authorizing the City to enter into an Industrial District Agreement and an ordinance authorizing the City to execute a Water Service Agreement and Sanitary Sewer Service Agreement with CJCD Partners, Ltd. (Valsource International, LLC, Lessee). yJr%? Dfte EXHIBIT "A" to AGENDA REQUEST FORM Ordinance for IDA ORDINANCE NO. 2000-IDA-~OS- AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH CJCD PARTNERS, LTD. (VALSOURCE INTERNATIONAL, LLC, LESSEE), FOR THE TERM COMMENCING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2007, 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. CJCD PARTNERS, LTD. (VALSOURCE INTERNATIONAL, LLC, LESSEE) has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2001, and ending December 31, 2007, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, bel and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in section 1 hereof. Section 3. 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 4. This Ordinance shall be effective from and after its passage and approval ( and it is so ordered. PASSED AND APPROVED, this t.~ th day of June, 2007. CITY OF LA PORTE ~<7~ By: Alton E. Porter ATTEST: 1JJdLflo. ~ti.t& M r ha A. Gille t city Secretary APPROVED: Kn W. Askins, City Attorney 2 EXHIBIT_"B" to AGENDA REQUEST FORM Industrial District Agreement MAY-l0-2007 THU 11:48 AM FAX NO. P. 02 NO. 2000-IDA-~ I S STATE OF TEXAS I i COUNTY OF HARRIS i ZNDUSTRIAL DISTRZCT ASI~ This AGRBEMENT made and entered into by and between the CITY OF LA J?ORTE, TEXAS, a municipal cor12oratiQn of lIa is couy.ty '.1 l'exas, hereinafter oalled .CITY.', and CAP pt, ~ ;':';1) Vc.{~lhO-/Are~tJ;.v;( Ii{ Lo~ , ate)(PJ' corporat1on, here na ter ' called .COMPANY", WIT N E SSE T H: WHEREAS, it is the established policy of the City Council of the city of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the city and its environs by attracting the location of new and the expansion of existing industries therein, and such pollcy is hereby reaffirmed and adopted by this City Council as being in the best interest of the city and ita citizens; and WHEREAS, pursuant to its policy, city has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial juriSdiction as the ftBattleground Industrial Dist~ict of La Porte, Texas., and Ordinance No. B4~A, designating portions of the area located in its extraterritorial juri$diction as the a Bayport Industrial District of La Porte, Texasp, hereinafter collectively called aDistrict-, such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as Section 42.044/ Texas Local Government Code; and WHEREASf Company is the owner of land within a designated Industrial District of the City of La. Porl:e, said land being legally described on the attached Exhibit "A. (hereinafter "Land-); and said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and ~ailroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, city desires to encourage the expansion and growth of industrial plants 'N'ithin said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the city Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City referred to above, City and Coltlpany hereby agree with each other as fallOW8: FINAL DRAFT. February 24, 2000 MAY-lO-200? THU 11:49 AM F A.X NO. 1'. Uj I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms a.nd provisions of this Agreement, said District shall oontinue to retain its extraterritorial status as an industrial district, at least to the extent that the same coverS t.he Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions the~eof, as an industrial district may be changed pursuant to the terms of thia Agreement. Subject to the foxegoing and to the later provisions of this Agreement, city does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the cor?orate limits of City, shall be immune from annexation by C1ty during the term hereof (e~cept as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, inClUding that which has been he~etofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (0) attempting to exerci~e in any manne~ whatever control over the conduct of business thereon; provided, however, any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont parkway, State Highway 225, or state Highway 146, shall be subject to the rules and regulations attached hereto as l!:xhibit .CII and made a part hereof; and provided, however, it is agreed that City soall have the right to institute or intervene in any administrative and/or jUdicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or othe~ federal or atate environmental laws, rules or ~egulations, to the same extent and to the same intent and effect as if a.ll Land covered by this Agreement were not subject to the Agreement. II. In the event tha.t any portion of the Land haa heretofore been annexed by City, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the ~exas Proper~y Tax Code (S.E. 621, Acts ot the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said APvraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu. pa~ents hereunder. Therefore I the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexea area shall be conduoted by City, at City'S expense, by an independent appraiser of City's seleotion. The pa:r:ties. recognize that in making such appraisal for win lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements; ana tangible pe~sonal property. 2 MAY-lO-200? THU 11:49 AM FAX NO. P. U4 Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal Distriot to establish the appraised value of Landt improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. On or before April 15, 2001, and on or before each April 15th thereafter, unless an extension is granted in accordance with the Texas Property Tax Code, through and including April 15, 2007, Company shall provide City with a written description of its Land and all improvements and tangible personal property located on the Land as of the immediately preceding January 1st, stating its opinion of the property's market value, and heing sworn to by an authorited officer of the company authorized to do so, or Company's duly authori~ed agent, {the Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal niatrict rendition form, or similar forill. The properties whicn the Company must render and upon which the "in lieu ofl taxes are assessed are mOJ:"e tully described in subsections 1, 2, and 3 ot subsection D, of this Paragraph III (sometimes collectively called the "Property.); p~ovided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pu:t'suant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. A failure by Company to file a Rendition as provided for in this paragraph, ISha.ll constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to City a written report of the names and addresses of all persons and entities who store any tangible personal property on the Land by bailment, lease, consignment, or other arrangement with Company <"products in storage") I and are in the possession or under the management of Company on January 1st of each Value Year, further giving a description of such products in storage. C. On or before the later of December 31, 2001, O~ 30 days from mailing of tax bill and in like manner on or before eacb December 31st thereafter, through and inCluding December 31, 2007, Company shall pay to City an amount "in lieu of taxes" on Company' S Property as of January 1st of the current calendar year (.Value Year") . D. Company agrees to render to City a.nd pay an amount II in lieu of taxes" on Company' S ~and, improvements and tangible personal property in the unannexed area equal to the sum of: 1. Fifty-three percent (53') of the amount of ad valorem taxes which would be payable to City if all of the company's Land and improvements which existed on January 1, 2001, and each January 1 thereafter of the applioable Value Year during the term of this Agreement, (excluding amounta payable pursuant to subpara.graph 2, below), had been within the corporate limits of city and appraised 3 MAY-10-2007 THU 11:49 AM FAX NO. p, 05 each year by City's independent appraiser, in accordance with the applicable provisiona of the Texas Property Tax Code; and 2. On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 2000, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction in progress, an amount equal to Thirty percent (30 It) of the amount of ad valorem taxes which would be payable to City if all of said new construction had ceen within the corporate limits of City and appraised by City'S independent appraiser, in accordance with the applioable provisions of the TeXas Property Tax Code. (b) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: (a.) i. at lea~t Five percent (St) of the total appraised value of Land and improvements, on January 1, 2000; or ii. a cumulative value of at least $3,500,000.00. For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (0) If existing Property values have depreciated below the Property value established on January 1, 2000, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2000, value; and 3. ~ifty-three percent (53%) of the amount of ad valorem taxes which would he payable to City on all of the Company's tangible personal property of every description, located in an industrial district of city, including, without limitationl inventory, oil, gas, and mineral interests, items of leased equip~entl railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property Which existed on January 1, 2001, and each January 1 thereafter of the applicable Value ~ear during the term of this Agreement, had been within the corporate limits of city and appraised each year hy the City'S independent appraiser, 4 MAY-lO-20D? THU 11:49 AM FAX NO. P. 06 in accordance with the applicable provisions of the Texas Property Tax Code. with the sum of 1, 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed pox-tion thereof as determined by appraisal by the Harris County Appraisal nistrict. IV. This Agreement shall extend for a period beginning on the 1st day of January; 2001, and continuing thereafter until Pecember 31, 2007, unless extended for an additional period or periods of time upon mutual consent of Company and city as provided by the Munioipal ~exation Act; provided, however, that in the event this Agreement is not so extended for an additional period or perioda of time on or before August 31, 2007, the agreement of City not to annex property of Company within the Pistrict ehall terminate. In that event, City shall have the right to commence immediate annexation prooeedings as to all of Company's property covered by this Agreement, notwithstanding any of the term~ and provisions of thia Agreement. Company agrees that if the Texas Municipal Act, Section 42.044, Texas Local Government Code, is amended after January 1, 1994, or ~ny new legislation is thereafter enacted by the Legislature of the State of Te~as which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on city in connection therewith after the annexation of auch land, Company will waive the right to require City to comply with any such additional restrictions or Obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipa.l Annexation Act as the same existed January 1, 1994. v. This Agreement may be extended for an additional veriod or periods by agreement: between City and Company and/or :1.ts aSSigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preolude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by company, Company agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the nin lieu of taxesft on the unannexed portions of Company's hereinabove described property which would be due to City in accordance with the 5 NAY-l0-2007 THU 11:49 AM FAX NO. P, 07 foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris county Appraisal District (as the case may be) valuation on said. property of Company has been so finally determined, either as the result of final jUdgment of a court of competent jurisdiction or as the result of other final conclusion ot the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree with any appraisal ma.de by the independent appraiser selected by city pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) daya of receiving such copy, give written notice to the city of such disagreement. In the event Company does not give such written notice of disa~reernent within such time periOd, the appraisal made by said 1ndependent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes' payments to be made under this Agreement. ShoUld Company give such notice of disagreement, Company ahall also suhmit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter int<J good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, atter the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not ~eached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of thia Article VI B. Notwithstanding any suoh disagreement by Company, company agrees to pay to City on or beiore December 31 of each yea.r during the term hereof, at least the total of Ca) the ad valorem taxes on the anne~ed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's valuations rendered and/or submitted to City by company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Soard of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the U.S. District Court for the Southern District of Texas appoint the t.hird arbitrator who, (as the -Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the differenoe between the parties as to the fair market value of company's property for calculation of the "in lieuw payment and total payment hereunder for the year in queation. The Board snaIl hear and consider all relevant and material evidence on that issue inclUding 6 MAY-lO-20D? THU 11:50 AM FAX NO, P. UB expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the }j)arties, subject only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171, nGeneral Arbitrationu, Texas civil Practice and Remedies Code). Coats of the arbitration aha11 be shared equallY by the company and the city, provided that each party shall bear its own attorneys fees. VII. City ahall be entitled to a tax lien on company's above described p:r::operty, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes- payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law fo~ delinquent taxes. VIII. This Ag~eement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of~ either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or a.ny extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. :ex. If city enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. x. The parties agree that this Agreement complies with e~isting laws pertaining to the SUbject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. without such agreement neither party hereto would enter into this Agreement. In the event anyone or more words, phrases, clauses, sentences; paragraphs; sections I articles or other parts of this Agreement or the application thereof to any person, firm, 7 MAY-lo-20D? THU 11:50 AM FA.X NO. p, U:1 corporation or circumstances shall be held by any court of competent Jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, pbXase, clauae, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. ENTERED INTO effective the ~t day of J~M~~l' 2891. By; ( COMPANY) cjST' crtl4ifkP/iy By: RY OF LA POR'l'EI \~~~~ Alton E. Porter Mayor ,. By: ox W. Askins city Attorney City of La Porte P.O. Box: 1218 La Porte, TX 77572-1218 8 MAY-lO-20D7 THU 11:50 AM FAX NO, r. 1U .BXHDIT ,All (Metea and Bounds Description of Land) -"_.~".~----~~,----~"----"-_..._.__. -- FIELD NOTE DESCRIPTION OF 3.0000 ACRES (130,680 SQUARE FEET) OF LAND OUT OF RESTRICTED RESERVE IIAII, OF BAYPORT NORTH INDUSTRIAL PARK, AS RECORDED IN FILM CODE NO. 437010 OF THE HARRIS COUNTY MAP RECORDS AND ALSO BEING OUT OF THAT CERTAIN CALLED 6.9596 ACRE TRACT OF LAND DESCRIBED BY INSTRUMENT RECORDED UNDER HARRIS COUNTY CLERK'S FILE NO. 20060245720 AND LOCATED IN THE WILLIAM M. JONES SURVEY, A-482, HARRIS COUNTY, TEXAS, SAID 3.0000 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 5/8 inch iron rod found in the North right-of-way line of New Century Drive (60 feet wide), said iron rod marks the Southwest corner of that certain called 7.1526 acre tract recorded under Harris County Clerk's File No. Y680260, said iron rod also marks the Southeast corner of said called 6.9596 acre tract and the herein described tract; THENCE, South 86052'5011 West, along the right-of-way line of New Century Drive, a distance feet to a 5/8 inch iron rod set for the Southwest the herein described tract; the North of 275.17 corner of THENCE, North 03007'1011 West, a distance of 474.90 feet to a 5/8 inch iron rod set in the South right-of-way line of Fairmont Parkway (250 feet wide) for the Northwest corner of the herein described tract; THENCE, North 86052'3711 East, along the South right-of-way line of Fairmont Parkway, a distance of 275.17 feet to a 5/8 inch iron rod with cap found for the Northwest corner of said called 7.1526 acre tract recorded under Harris County Clerk's File No. Y680260, said iron rod also marks the Northeast corner of said called 6.9596 acre tract and the herein described tract; THENCE, South 03007'1011 East, along the the West line of said called 7.1526 acre tract, same being the East line of said called 6.9596 acre tract, a distance of 474.91 feet to the POINT OF BEGINNING and containing 3.0000 acres (130,680 square feet) of land, more or less. Land Surveyor No. 4314 Century Engineering, Inc. Dated this 25th day of March, 2007 CEI Job NO. 00044-50.0 (bill) SV GSL50B.T MAY-lO-20D? THU 11:50 AM ~~ WSXUIBIT BN (Attach ~lat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas at the Land previously annexed by the City of La Porte.) P. 11 'T=r-=-'I-'l'=-T- 1-1-1-/-/- 11-1:1;1-: + 111~1~1~lll };-I-I-I-I-,,. 1-1-1-1-1- II~I~I~I~I [-1-1-1-1- , I~I~I~I~I~ n I - jLA'-'f''''~- I - I ~11~lll~I~1 ~II ~ I ~ I ~ I ~ 1- =.~. ~'~~I-I-I-I, 't" ~j~I~I~I~I~ ; j 1-[-[-1-1 ~llll~I~I~1 nl-I-I-I-j- I 1-1-1-1-1-1-1-1-1-1 l;fJ ~ I ~ Il I ~ ?A I ~ I ~ I~ Il71 ~I-I-I-I-I-I-I-[-[-I-I I I~I LI-/==t/-/Lljl==tl-I '\,'l".....<!I- ". .. ~. PROPERTY UHE \ v!''' ~ I I I I j ~; ~I ) ~~ '~iI!>~ '" UNE I ~ ~ 'I,~t .. ....:.et- ~ ~~ ~. ~ ,,:>" ~i'!>" '\.....'b ~e ...~,,, PftllPEIllY ONE ,<I-. .' .. )f ALL COH5lRUC11OH tESTORE E:\osnNG FAClUTY (I.f. ." QcS'llNG SITE CCNO<<lOHS .fIIp[\IJoLVES,HYDRAHTS, .. 9W..l.BfIN~ )lOED PRN:;'J1CES AHD SWU .loT ~ TO AVOID IN'( DAWAGE TO 10. u.. lJJCATE AHO PROJIOE THE 'ERW.s AHO EQUIPI.400. ". ilBLE FOR !W'EGUl.RDlNG AND 'WENT S'I'OftED OH THE JOBSlTE. iBLE fOR lHE 5lt)fU,G[ OF 11 .. ~ 10 PREYENT IJ. IGHOURS.UNTll...P~ ,.. ". t< 11. lG UTlUnES AT ALL -poN13 Of f~ ;TS EXIST ElEFORE COUt.lENClNG II. SiGH ENCilN€ER AT 0ffCE OF WhEN CEHI'ER ~ EHfRCY Pft UNE ~ IRE. HC1J' ~~:i"~l~~~~~Ct.~r.oll IlEllINS. =~~m:1N-:IN~HTmt~NCH~~AC~ ALL EJCCA\IAlIllN MUST ar: ACCOWPI..I5Hetl IJSlNG HQN-WEOio*HlZEO EXC,l,VAl1OH PRCICfl)URES, M1EH CEtftER pat(J' DllftCr I"ACllnES NlE EXPOSED, stJFJ:lC:IEH)' SUPPORJ' .uusr BE fIflOo4lED TO THE FACIUnD. TO PRE'Y[NI' DCCESSNE S1llESS ON K PIPING. cotfTR.IrCTt1R IS FUlLY Re!POtl61Sl!; FOR >>ft [I,l,WGfS CAlJSED W HIS FA'WF/E 10 EU.Cn.'t l.DC.\1EAHD PftESO\If lHi UNbERGROUND FAClUtlES. """ 7HE lHEY ux:.< THREE: SISTERS TRUST. CALLED 7.1526 A~ES H.C.C.F. NO. YiiBD25D S -P-Y07'10- E - 474.11' t~ ;~ t:t"+ ~---l-'-'-'-.-------ll-l~~--:;;.~-U;:-I---.t--------li-Il ~:".~ . ....';"+ .' -.. +I;;q" ... , ....~:o~ ~ ~ PROP. BUIUHfIG F.f. 22.00 .............. SIll> (1'<1>.) ~~ PROP. e- CONcREIE PM. "- PROP. GA1i:'-:>' ~fWf'll ''l>~ I + I '~LW . I I I I I I I I I I :~l I I ',( )1 ~I , " I I AfRlALESIotTI I I . ~ I I (I..., I I i J __l---"~ e' ctWN UHK __,,----l--~--' f:iEv:&:3 ~ _l-.----...- w w END PROP. PAYDIEH1' .....".. ~" .."" ;,," $<;\:\" N o;!'01'10" W - 4H.SD' 8AYPORT NDRrH INDUSTRIAL PARK Fe. NO. -1-)7010 H.C.U.H RESTRICTED RESERVE "fJ.," ~~<;\'! )i)!>~ ". 'i:-fJ ~r,SWR 5TANfWll'l IDm ImJ!l: FOR Ct'IfiTliIICMN 0IUWNr.S trnn1 e. ftfM(NE.Irt.L EXC,t,VATm YATERlAI.. fROW lHE IWtRIS COUNTY F\.J)QO CONTROL. OI5TRlCJ' OR DfWtWi:E RIGHT-oF-WAY. NO FU. 1$ 10 A DESIlOHAlED n.oao PUlH AREA FIJ.. PERWJT fROM mE ,Irf'PROpIMTE HI. WHEN IMlRONUlCH I$i REQOlftEl). l,lulDt l.lOlST.AfTtR INSTAUAlION GROWIH ~ 7U: Of THE 17. .. HOURS PRIoR 10 SfNIl' 5HAU. NOTIfY 7HE _. 18. em' OF LA PORTE ENliIHEERItG OEPNmIENT :nw..L APPRCM: THE CONS1RUCTlON lAYOUT. Af'PUc.Ir8l.t CllY. COUNTY. STATE, N'fIRavALS. 'MTH ASSI5TNa FRO'" JII1JlUlm5 "~ ". " + .,$,t> ,~~ ....'i''f: i" ,~ti\(, ~ .. ~r~~ ~ ..-t\t:},- , ,'I:l~ ~ i5 ~ ~ o ,~=;~\" , ~ Z A OESIGN-BUIlD P~QJECT 8'\' I I I l~LIII I SCALE: 1"=20' I "" :'JNGHAM. DALTON' ~'/llSOH I Iol. SWR I ESlfIT. I ! l/)~ ~ I ~~u~ \(~i ES...T. . I N<a I I Z(j~ I I ~@J ~ I I 1 EXIST, ~I' sm, SWR. I ' . I I I I O~ m , I I !J~ ~ I I I ..,<e i I I <> I 0 -'" ...J 0 a... ....J ~ :u c tU .~ '" C L 0 t 0 Z ..... t tU 0 C Q >- l.. 0 (]) '" ..... C i!i ,,~(. Z '~<t;:O' I I I I I I , , . [5...' X f- ~~u~~ I I I I I II: III I I - AU. RADII ARE OlWEHS1QNED FROU TIiE BACK OF CURB. "'" OCOPTlIlGlil &Y "'RCOO 4- >Jt.lGMM-1U,UOf./,WlUON ALL RICHIS R~sah'l:D ISSUEDfOR: SITE & GEOMETRIC PLAN INTERIM REVIEW Mol ......... Par -..-.. IiIlddnIrllPII"'ll~ SHEET NUMflER E...- IA........... PF_N...... QaI." -- C-l MAY-I0-2007 THU 11:50 AM FAX NO. p, 12 .IXHIBIT en Page 1 of 2 RULlI Alm RBGULATIONS JUly portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be subject to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or construots improvements on vacant Land described in Exhibit l'A" which ia adjacent to Fairmont Parkway, State Highway 225, or state Highway 146. 1. Any sign erected in said 100' strip of land shall be subject to the following provisions: . One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of-way. . Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. . One freestanding identification sign for identifying multiple businesses i~ allowable at the intersection of improved pUblic rights-of-way. . Freestanding identifica.tion signs for multiple businesses shall not exceed 350 square feet. . Freestanding identification signs shall not exceed 45 feet in height. . Minimum setback for sign construction shall be ten (10) feet from property lines. 2. When Land adjacent to said 100' strip is developed, the initial 50' of said strip beyond any existing pi~eline easement contiguous to either Fairmont Parkway, State H~ghway 225, or State Highway 146 ahall be screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing t~ees shall, together with other vegetation and underbrush, create a continuous viaual screen. b) The usa of earthen berme with approximately 3: 1 side slopes, 50' wide at the base and 8' high. The berms may be landscaped with a COmbination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. EXHIBIT "C'-' to ,AGENDAREOUESTF-ORM Ordinance for WSA & SSSA ORDINANCE NO. 2007-~~ AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND CJCD PARTNERS, LTD. (VALSOURCE INTERNATIONAL, LLC, LESSEE), 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, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that 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 25.th day of June, 2007. ATTEST: M~&~' City Secretary APPRait# j!/ d Knox W. Askins, City Attorney By: CITY OF LA PORTE ~L~~ Alton E. Porter, Mayor 2 EXHIBIT "D" to AGENDAREOUESTFORM Water Service Agreement 1 STATE OF TEXAS ~ COUNTY OF HARRIS ~ WATER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and CJCD PARTNERS, LTD. (ValSource International, LLC, Lessee), hereinafter called "COMPANY". I. COMPANY is the owner of certain real property which is situated in CITY'S Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. ll. COMPANY is desirous of purchasing potable water from CITY for usual human domestic consumption and uses, and for limited industrial processes as hereinafter stated. Previous planning considerations for the long-range potable water supply of CITY did not include the needs of property located outside the city limits of CITY. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY agrees, however, to provide limited potable water service to COMPANY. For and in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to-wit: ID. COMPANY has made certain representations to CITY as to its number of employees, and/or its desired amount of potable water for limited industrial processes, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. 2 Upon review of these representations, the City has determined the following: Number of Company Employees on site 26 Number of Contract Employees on site o Total on-site Employees 26 Potable Water Approved for Domestic Use (Total on-site Employees times 50 gpd per employee) 1300 *Potable Water Approved for Industrial Processes (gpd) 300 Total Amount of Potable Water Approved for Company (Average Daily Demand, gpd) 1600 IV. CITY has determined that adequate facilities are available to CITY to furnish potable water to COMPANY based on the following terms and conditions, to-wit: (A) Company shall pay to CITY a one-time administrative connection charge of $ 5.000 (B) Potable water used for Industrial Processes shall be limited to the following: Building fire sprinkler (designed for ordinary hazard group 2.350-450 gpm).landscape irrigation. (C) COMPANY shall file an application for water service with CITY'S Utility Billing Division and pay appropriate deposit and water meter charge. CITY shall be responsible for furnishing and installing meter at Company's expense. COMPANY shall be responsible for installing appropriate meter box to be approved by City. (D) Where applicable, COMPANY shall also pay to CITY $ NI A as a pro-rata reimbursement for installation of utility mains funded by other parties. (E) The total amount of potable water approved (average daily demand) is established at ONE THOUSAND SIX HUNDRED (1600) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY, plus any amount approved for 3 industrial processes. (F) The average monthly demand of FORTY EIGHT THOUSAND EIGHT HUNDRED (48.800) gallons is established by multiplying the average daily demand by a factor of 30.5, which shall be used to facilitate service billings. (G) The cost of water up to the average monthly demand of FORTY EIGHT THOUSAND EIGHT HUNDRED (48.800) gallons shall be one hundred fifty percent (15001c.) of the CITY'S rate as established from time to time for commercial wstomers inside its corporate limits. (II) The cost of water for amounts used in excess of the established average monthly demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (I) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of FORTY EIGHT THOUSAND EIGHT HUNDRED (48,800). Repeated consumption greater than the established average monthly demand may result in termination of service. (1) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (K) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (L) The total cost for the engineering design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of COMPANY. (M)COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of potable water to wstomers within the corporate limits of CITY. 4 (N) All plumbing installed by COMPANY connected to the domestic water line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of potable water to COMPANY. (0) A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY to protect CITY from any poSSIble cross-connections. (P) The potable water supply system will be segregated from any existing and future COMPANY fire protection system. (Q) There shall be no resale of the water provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (R) COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. Company's development may be subject to certain additional requirements as described in Exhibit A. These requirements shall be shown on the site plan and approved by City. V. All expenses of the installation of the meter~ service lines from the main to the meter~ and from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. VI. CITY will have ownership and maintenance responsibility for its water mains, and service lines up to and including CITY'S water meter. In the event a State or Harris County license, pennit, or permission to install the water main is revoked, or relocation or adjustment is required, CITY will not 5 be responsible for the expense of such relocation, adjustment, or replacement. VII. ClTY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S water facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. vm. CITY reserves the right to terminate this agreement in the event of violation of the tenns and provisions hereofby COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. IX Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another water supply. If the transition is not complete within said six-month period, CITY shall have the right to terminate water service at its sole discretion. X In the event of any conflict between the terms and provisions of this Water Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Water Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall terminate on December 31, 2007. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. ENTERED INTO effective the 22 CITY OF LA PORTE ATTEST: uIrl1d:,~ - /~~~. . ett City Secretary AP~;v Knox W. Askins City Attorney City Attorney PO Box 1218 LaPorte, TX 77572-1218 Phone: (281) 471-1886 Fax: (281) 471-2047 6 day of MAY , 2001. By: CJCD PARTNERS. L TD (ValSource International, LLC, Lessee) ~ Name: Chris A Thibodeaux Title: Member Address: 1114 Oak Park Land Freindswood. TX 77546 By: flTY OF LA PORJD ~~.~~ Mon E. Porter Mayor City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 Phone: (281) 471-5020 Fax: (281) 471-7168 7 This is EXHIBIT A, consisting of 1 page, referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY dated Initial: CITY COMPANY cr- ADDITIONAL REQUIREMENTS The Agreement is amended and supplemented to include the following agreement of the parties. COMPANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMPANY are an integral part of the consideration by COMPANY for obtaining the provision of water and/or sanitary sewer service from CITY. 1) Storm Water Plan: For new development COMPANY shall provide a Storm Water Management Plan that is approved by Harris County Flood Control District and CITY. COMPANY shall construct and maintain any storm water system as a condition of continued water and/or sewer service. 2) Beautification Efforts: COMPANY shall submit a Landscaping Plan subject to approval by CITY. COMPANY shall install and maintain landscaping along its existing developed frontage as per approved Landscaping Plan as a condition of continued water servIce. EXHIBIT~~E"toAGENDA REQUEST FORM Sanitary Sewer Service Agreement 1 STATEOFTEXAS ~ COUNTY OF HARRIS ~ SANITARY SEWER SERVICE AGREEMENT (for Companies located in Bayport North Industrial Park) This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Hanis County, Texas, hereinafter called "CITY", and CJCD PARTNERS, LTD. (ValSource International, LLC, Lessee), hereinafter called "COMPANY". I. COMPANY is the owner of certain real property, which is situated in CITY'S Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. ll. COMPANY is desirous of purchasing sanitary sewer service from CITY for usual human domestic uses. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to COMPANY. For and in consideration of furnishing sanitary sewer service by CITY, the parties hereto agree as follows, to-wit: ill. COMPANY has made certain representations to CITY as to its number of employees, and/or its desired amount of sanitary sewer from limited industrial processes, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. 2 Upon review of these representations, the City has detennined the following. Number of Employees on-site 26 Number of Contract Employees 0 Total on-site Employees 26 Sanitary Sewer Desired for Domestic Use (Total on-site times 50 gpd per employee) 1300 Sanitary Sewer Approved for Industrial Processes (gpd) 0 Total Amount of Sanitary Sewer Approved by Company (Average Daily Demand, gpd) 1300 N. CITY has determined that adequate facilities are available to allow CITY to furnish sanitary sewer to COMPANY based on the following terms and conditions, to-wit: (A). Company shall pay to CITY a one-time administrative connection charge of $ 5.000 (B). COMPANY shall file an application for sanitary sewer service with CITY'S Utility Billing Division and pay appropriate deposit. (C). The average daily demand is established at ONE rnOUSAND THREE HUNDRED (1.300) gallons per day. This number is based on an average offifty (50) gallons per employee per day established by CITY. (D). The average monthly demand is calculated to be eighty-five percent (85%) of the average daily demand multiplied by a factor of30.5, which shall be used to facilitate service billings. (E). The cost of sanitary sewer service up to the average monthly demand of TIllRTY THREE THOUSAND SEVEN HUNDRED AND TIIREE (33.703) gallons shall be one hundred fifty percent (1500,/0) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (F). The cost of sanitary sewer service for amounts in excess of the established average monthly demand 3 shall be two hundred percent (2000,/0) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (G). Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of TIllRTY THREE rnOUSAND SEVEN HUNDRED AND THREE (33.703) gallons. Repeated sanitary sewer delivery greater than the established average monthly demand may result in tennination of service. (H). COMPANY agrees that during periods when the CITY'S collection system is surcharged, the CITY may require the suspension of use of the sanitary sewer system for periods not to exceed thirty-six hours. (I). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to COMPANY if an emergency arises and there is not an adequate sewer collection or treatment capacity to meet the needs of the citizens of La Porte. (1). COMPANY agrees that it shall be bound by CITY'S Industrial Waste Ordinance (Chapter 74, Article IT of the Code of Ordinances) and any subsequent amendments or revisions. (1<). The total cost for the engineering design and construction of any sanitary sewer main, service line, lift station, meter or other required appurtenances will be the responsibility of COMPANY. (L). COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of sanitary sewer service to customers within the corporate limits of CITY. (M). All plumbing installed by COMPANY connected to the sanitary sewer line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of sanitary sewer service to COMPANY. (N). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of service 4 lines by COMPANY to serve other parties. (0). COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. Company's development project may be subject to certain additional requirements as descnl>ed in Exhibit A These requirements shall be shown on the site plan and approved by City. V. All expenses of the instaI1ation of service lines from the main to the COMPANY'S facilities shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities. VI. CITY has no ownership and/or maintenance responsibility for the sanitary sewer mains and/or service lines within Bayport North Industrial Parle In the event a State or Hanis County license, permit, or permission to instaI1 the sanitary sewer main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S sanitary sewer facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notifY COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VIII. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public sanitary sewer system is threatened. IX. 5 Upon receipt of written notice of tennination, COMPANY shall have up to six (6) months to prepare for transition to another sanitary sewer service provider. If the transition is not complete within said six- month period, CITY shall have the right to terminate sanitary sewer service at its sole discretion. X. In the event of any conflict between the terms and provisions of this Sanitary Sewer Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Sanitary Sewer Service Agreement shall contro~ to the extent of such conflict. The term of this Agreement shall terminate on December 31,2007. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of tennination. ENTERED INTO effective the CITY OF LA PORTE ~ST ~1Itfi:~ ~aJd' Knox W. Askins City Attorney 22 day of MAY , 2007. By: CJCD PARTNERS. LTD. (ValSomce International, LLC, Lessee) ~ y~ - ~:-~ - -- Chris A Thibod~ Title: Member Address: 1114 Oak Park Lane Friendswood. TX 77546 By: p,rvOFLAPORTE ~L.~~ Alton E. Porter Mayor 6 This is EXHIBIT A, consisting of 1 page, referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY dated Initial : CITY COMPANY ~ ADDITIONAL REQUIREMENTS The Agreement is amended and supplemented to include the following agreement of the parties. COMPANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water and/or sanitary sewer to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMPANY are an integral part of the consideration by COMPANY for obtaining the provision of water and/or sanitary sewer service from CITY. 1) Storm Water Plan: For new development COMPANY shall provide a Storm Water Management Plan that is approved by Harris County Flood Control District and CITY. COMPANY shall construct and maintain any storm water system as a condition of continued water and/or sewer service. 2) Beautification Efforts: COMPANY shall submit a Landscaping Plan subject to approval by CITY. COMPANY shall install and maintain landscaping along its existing developed frontage as per approved Landscaping Plan as a condition of continued water service. 3) Sampling Well: COMPANY shall install a sanitary sewer sampling well in accordance with CITY's standards. 4) Industrial Waste Permit: COMPANY shall submit application to CITY for industrial waste permit. EXHIBIT"F~'to AGENDA REQUEST FORM Area Map - A ~ CITY OF LA PORTE CITY SECRETARY'S OFFICE INTEROFFICE MEMORANDUM June 19, 2007 TO: Mayor and City Council Martha A. Gillett, City Secretary, TRMC, CMC ~ Polling Locations FROM: SUBJECT: The use of the schools for polling locations continues to raise numerous concerns from staff, Election Judges, school district and most importantly citizens. Outlined below are the continued concerns: There is often conflict with sport events and parking spots for voters. Due to sport events we have lost voters who could not find a spot to park. The location within the school often changes and we have lost voters due to frustration in looking for the voting area. Judges report the building facilities are inadequate due to air conditioning, phones, copy machine, etc. They often experience no tables and chairs being set up. Construction work is often done at the schools during run-off elections and this presents a safety concern to the voters. Baker Sixth Grade campus was very dangerous and unsightly during the run-off elections. Voters made numerous complaints. A voter complained about the restrooms at Baker school because they were filthy, smelly and the toilets had been used and not flushed. It is impossible to be in two locations so spread apart when an emergency arises. This past run-off election the judge at district 6 could not get the voting machine to open and we had people setting up tents and blocking the voting entrance at district 5. There was a 20 minute delay due to having to be at 2 places at once. Judge Davis reported she received NUMERUOUS complaints about the voting location Page 2 and had voters asking her why we didn't vote at City Hall like early voting. Judge Trainer reported she has had citizens ask why we don't hold City elections at City Hall. They have indicated it would cause less confusion to the voter if everything was handled at City Hall. When the County needs to be contacted, the judge has to leave the polling location and go outside for her cell phone to work to call City Hall for assistance in qualifying a voter. It delays central counting on election night due to the travel time from the polling locations to City Hall. The Juneteenth parade, festivities and the parade traffic and street closures prohibit voters from getting to the polling locations during run-off elections. The judges have to carry heavy equipment and tubs to and from there car. One of the judges fell run-off election evening trying to carry the heavy box. We have been fortunate no injuries have occurred. Staff makes numerous trips to the polling locations on election day due to needs from the judges. Staff and the election judges are requesting Council consider changing the polling locations away from schools and use City buildings. This will allow us to control what is happening at the facilities during elections. Attached please fmd statistics for the past three elections. This indicates the volume of early voters while conducting voting at City Hall. Please be reminded the City Attorney will need to preclear any changes in polling locations with the Justice Department. The period for that is from the 124th day thru the 99th day prior to the election. For the 2007 election those dates were January 8 thru February 2, 2007. District 5 Distritt 6 2007 General Election 2007 General Election Early Voting (City Hall) 130 Early Voting (City Hall) 62 Election Day (LPISD) 123 Election Day (Baker) 94 Total 253 Total 156 2007 Run-Off Election 2007 Run-Off Election Early Voting (City Hall) 91 Early Voting (City Hall) 62 Election DaY(LPISD) 47 Election DaY(Baker) 19 Total 138 Total 81 2006 General Election 2006 General Election Early Voting (City Hall) 48 Early Voting (City Hall) 43 Election Day (LPISD) 26 Election Day (Baker) 38 Total 74 Total 81 2005 General Election 2005 General Election Early Voting (City Hall) 114 Early Voting (City Hall) 125 Election Day (LPISD) 107 Election Day (Baker) 137 Total 221 Total 262 B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 06/'1.5107 Requested By: D. Wilmo~ ~ Bud2et Source of Funds: General Funds Department: PI-BBiDE Department Account Number: 001.9092.524-6021 Report: X Resolution: Ordinance: Amount Budgeted: $56~30.00 Exhibits: List of Dangerous Buildings Amount Requested: Exhibits: Dan2erous Buildin2lnsoection Reports Budgeted Item: YES NO Exhibits: Slide Presentation SUMMARY & RECOMMENDATION The Dangerous Building Inspection Board, created by Article VIII; Section 82-472 of the City's Code of Ordinances, is comprised of Debbie Wilmore, Chief Building Official; Mike Boaze, Fire Chief and Clif Meekins, Fire Marshal. The Board recently completed inspections on fifteen (15) structures and found them to be "dangerous! substandard" as described in Sect. 82-473. You will note the packet actually includes seventeen (17) locations. However, please note that staff prepared inspection forms on stmctures identified by the Board and not on the two (2) city owned buildings (1516 Lomax School Rd - Old FS #3 and 10215 Hillridge Rd - Old FS #21storage building) that were added for demolition bid purposes only. Since the city wishes to demolish these two structures, we simply included them with our group and included exterior shots for identification purposes. Staff's presentation will include photos on all seventeen (17) structures but since we began the project, some owner's have approached staff. Two have obtained demolition permits and one plans to start repairs. See attached list for specifics. Council is asked to review the Board's findings and authorize a public hearing for the purpose of possible condemnation and ordering demolition of these structures. A public hearing date of July 23, 2007 is requested. On June 7,2007, the Accounting Department confirmed the $56,230.00 fund balance in account #001- 9092-524-6021. Staff expects to advertise and receive demolition bids in August. We plan to return to Council in September to award the demolition contract. Action Required bv Council: 1. Review findings of the Dangerous Building Inspection Board 2. Authorize a public hearing date for the stmctures - b~O/~'{ { fate SUBSTANDARDIDANGEROUS BUILDINGS Summer 2007 - Group I, Dangerous Buildings 06/14/07 Revision 1) 249 Dwire Dr. (Single-fami/y dwelling in a Low Density Residential (R-l) zone) Legal: Blk. 8; Lots 1&2; Bay Oaks FlCAUD: #063-022-008-0001 Tax Roll: Robert D. Davis - 607 Sandy Lane - La Porte, Tx 77571 Deed: Ruby Alma Davis - 249 Dwire - La Porte, Tx 77571 Taxes: $1,819.34 (June Balance) Mowing/Clean-uplLiens: None NOTE: Owner met with staff on 06/12/07. Agrees building needs lots of work. Owner is considering signing a voluntary consent to demolish form and have city handle demolition. 2) 210 Pine Bluff Street (Single-fami/y dwelling in a Low Density Residential (R-l) zone) Legal: Blk. 7; Lots 31-33; Pine Bluff FlCAUD: #058-012-007-0031 Tax Roll: Robert L. Pfirman - 17926 Bamwood Dr. - Houston, Tx 77090-1857 Deed: Robert L. pfirman - 8045 Antoine, #383 - Flouston, Tx 77088 Other: Melissa Stallman & Todd Stevenson - 2555 Repsdorph #414- Seabrook, Tx 77586 (Recent Leasee) Taxes: None MowinglClean-uplLiens: $ 335.00 NOTE: Property leased for 2-years on OS/21/07. No contact from owner but leasee met with staff. Advised that home has been gutted and they hope to renovate it. Staff requested owner's written authorization that aUows the tenant to obtain pennit and make decisions on a total remodel. They will approach owner and advise staff. 3) 203 Bayshore Dr. (Single-fami/y dwelling in a Low Density Residential (R-l) zone) Legal: Blk. 7; Lot 8; Pine Bluff FlCAUD: #058-012-007-0008 Tax Roll: F. G. Withrow - 4202 Rosemary Ln. - Flouston, Tx 77093-2944 Deed: Patricia Ann Withrow Martin - 343 Fitzgerald Ln. - Jamestown, TN 38556 Taxes: $1,425.45 (June Balance) Mowing/Clean-uplLiens: $ 558.00 Substandard Buildings, Summer 2007. Group I COn't.... Page 2 - 4) 1025 San Jacinto (Single-family dwelling in a High Density Residential (R-3) zone) Legal: Blk. 305; Lots 10-15; La Porte HCAD: #024-034-000-0010 Tax Roll: Jose Martinez - 11222 North H S1. - La Porte, Tx 77571 Deed: Jose Martinez - 11222 North H S1. - La Porte, Tx 77571 Taxes: $4,271.48 (June Balance) Mowing/Clean-up/Liens: None NOTE: Owner obtained a demolition on 06/14/07 and expects to complete the work within a few weeks. 5) 202 S. Blackwell Street (Single-family dwelling in a Low Density Residential (R-I) zone) Legal: Blk. 75; Lots 38-40 & Tr. 37; Bayfront HCAD: #006-165-075-0037 Tax Roll: Leonard Zlomke - 202 S. Blackwell S1. - La Porte, Tx 77571-5705 Deed: Leonard Zlomke - 202 S. Blackwell St. - La Porte, Tx 77571-5705 Other: Leonard Zlomke - 209 S. Lobit - La Porte, Tx 77571-5705 Taxes: None MowinglClean-up/Liens: None 6) 531 S. 5th Street (pre-existing, non-confonning accessory building without required primary residence in a Low Density Residential (R-I) zone) Legal: Blk. 113; Lots 13-16; La Porte HCAD: #023-221-013-0013 Tax Roll: Kenneth Crumpler - 3030 County Rd. - Rosharon, Tx 77583-6110 Deed: Kenneth E. Crumpler & wife, Ertis L. Crumpler - Address Unknown Other: Kenneth Crumpler % Kathleen Crumpler - 930 Robinson Rd. - La Porte, Tx 77571 (Daughter) Taxes: None Mowing/Clean-u,p/Liens: None Substandard Buildings, Summer 2007 - Group I Con't.... Page 3 7) 419 S. 8th Street (Commercial Building in a General Commercial (GC) zone) Legal: Blk. 5; Lots 9,10; La Porte HCAD: #023-151-005-0009 Tax Roll: Peter Kuchinke - 118 Oakdale St. - La Porte, Tx 77571-7345 Deed: Peter 1. Kuchinka - 118 Oakdale St. - Shoreacres, Tx 77571 Taxes: None MowinglClean-uplLiens: None NOTE: Owner met with staff on 06/14/07. Agrees building needs work and will begin this weekend. Owner advised building has been vacant for several years and does have a plumbing problem. He plans to address exterior building deficiencies, paint building front, dean-out interior, remove brush from property and arrange meeting with planning staff with hopes to find a tenant that can utilize the office and shop area. 8) 618 N. 1st Street (Abandoned, Pre-existing, non-corrforming single family dwelling in a General Commercial (GC) zone) Legal: Blk. 327; Lots 7,8; La Porte HCAD: #024-037-027-0007 Tax Roll: Joe & Barbara Booker - 1019 Pinewood Ln. - Seabrook, Tx 77586-4532 Deed: Barbara Booker & Joe Booker - 1019 Pinewood Ln. - Seabrook, Tx 77586 $6,527.39 (June Balance) $ 353.50 Taxes: MowinglClean-uplLiens: - 9) 622 N. 1st Street (Abandoned, Pre-existing, non-conforming single family dwelling in a General Commercial (GC) zone) Legal: Blk. 327; Lots 5,6; La Porte HCAD: #024-037-027-0005 Tax Roll: Joe & Barbara Booker - 1019 Pinewood Ln. - Seabrook, Tx 77586-4532 Deed: Barbara Booker & Joe Booker - 1019 Pinewood Ln. - Seabrook, Tx 77586 Taxes: $ 6,527.39 (June Balance) MowinglClean-uplLiens: None Substandard Buildings, Summer 2007 - Group I COn't.... Page 4 10) 517 N. 3rd Street (Fire damaged, single-family dwelling in a Mid Density Residential (R-2) zone) Legal: Blk. 105; Lots 25,26; La Porte HCAD: #023-217-005-0022 Tax Roll: Joe & Barbara Booker - 1019 Pinewood Ln. - Seabrook, Tx 77586-4532 Deed: Barbara Booker & Joe Booker -1019 Pinewood Ln. - Seabrook, Tx 77586 ~: $4,020.12 (June Balance) Mowing/Clean-uplLiens: $ 647.00 Fire Date: 02/06/07 11) 10911 N. L Street, Trlr. #22-A (Mobile Home in a Manufactured Housing (MH) zone) Legal: Tr. 426B; W. ~ ofE. ~; La Porte Outlots HCAD: #023-140-000-0523 Tax Roll: Glenn W. Brown, Jr. - 3413 Windfem Dr. - Pearland, Tx 77581-6466 Deed: Glenn W. Brown, Jf. - 3413 Windfem - Pearland, Tx 77581-6466 Other: Glenn W. Brown, Jr. - P. O. Box 5309 - Pasadena, Tx 77508-5309 Taxes: $ .01 MowinglClean-uplLiens: None 12) 10911 N. L Street, Trlr. #22-B (Mobile Home in a Manufactured Housing (MH) zone) ~: Tr. 426B; W. ~ ofE. ~; La Porte Outlots HCAD: #023-140-000-0523 Tax Roll: Glenn W. Brown, Jr. - 3413 Windfem Dr. - Pearland, Tx 77581-6466 Deed: Glenn W. Brown, Jr. - 3413 Windfem - Pearland, Tx 77581-6466 Other: Glenn W. Brown, Jr. - P. O. Box 5309 - Pasadena, Tx 77508-5309 Taxes: $ .01 Mowing/Clean-uplLiens: None 13) 10911 N. L Street, Trlr. #22-C (Mobile Home in a Manufactured Housing (MH) zone) Legal: Tr. 426B; W. ~ ofE. ~; La Porte Outlots HCAD: #023-140-000-0523 Tax Roll: Glenn W. Brown, Jr. - 3413 Windfem Dr. - Pearland, Tx 77581-6466 Deed: Glenn W. Brown, Jr. -3413 Windfem- Pearland, Tx 77581-6466 Other: Glenn W. Brown, Jr. - P. O. Box 5309 - Pasadena, Tx 77508-5309 Taxes: $ .01 MowinglClean-uplLiens: None Substandard Buildings, Summer 2007 - Group I Con't.... Page 5 14) 10911 N. L Street, Trlr. #22-D (Mobile Home in a Manufactured Housing (MH) zone) Legal: Tr. 426B; W. ~ ofE. ~; La Porte Outlots HCAD: #023-140-000-0523 Tax Roll: Glenn W. Brown, Jr. - 3413 Windfern Dr. - Pearland, Tx 77581-6466 Deed: Glenn W. Brown, Jr. - 3413 Windfern - Pearland, Tx 77581-6466 Other: Glenn W. Brown, Jr. - P. O. Box 5309 - Pasadena, Tx 77508-5309 Taxes: $ .01 Mowing/Clean-uplLiens: None 15) 3229 Bayer Street NO COUNCIL ACTION NEEDED (Abandoned, Pre-existing, Non-conforming mobile home in a Low Density Residential (R - J) zone) Legal: Blk. 4; Lot 44; Spencer Highway Estates HCAD: #079-083-004-0056 Tax Roll: Lorena D. & Gonzalo Montoya - 3229 Bayer St. - La Porte, Tx 77571-3821 Deed: Lorena Deloera Montoya & Gonzalo Montoya - 3229 Bayer St. - La Porte, Tx 77571 Taxes: $ 265.51 (June Balance) Mowing/Clean-uplLiens: $ 70.00 NOTE: Owner obtained a demolition permit on 06/04/07; Structure is now demolished. Now awaiting removal of mobile home frame & debris. 16) 1516 Lomax School Road NO COUNCIL ACTION NEEDED (Old Fire Station #3 in a Large Lot (LL) zone) Legal: Tr. 400; La Porte Outlots HCAD: #023-140-000-0400 Owner: City of La Porte No Inspection Form or Condemnation Ordinance necessary since City is owner and requesting demolition. Photo of Exterior provided for identification purposes .- 17) 10215 HillridgeRd. NO COUNCIL ACTION NEEDED (Old Fire Station #2/Storage Building in a Low Density Residential (R-J) zone) Legal: Blk. 8; Lot 15; Fairmont Park, Sect. 1 HCAD: #087-279-0~0015 Owner: City of La Porte No Inspection Form or Condemnation Ordinance necessary since City is owner and requesting demolition. Photo of Exterior provided for identification purposes City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 6-5-07 STREET ADDRESS: 249 DWIRE DR. HCAD OWNER: ROBERT D. DAVIS - 607 SANDY LN - LA PORTE. TX 77571 DEED OWNER: RUBY ALMA DAVIS - 249 DWIRE -LAPORTE. TX 77571 LEGAL: BLOCK 8: LOTS 1.2: BAY OAKS OCCUPANCY TYPE: RESIDENCE ZONING: R-1 NON-CONFORMING ISSUES: N/A FACILITIES AVAILABLE: WATER YES SEWER YES ELECTRICAL: YES GAS: YES NO.OF DWELLING UNITS: (1) UNIT VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: - Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: ~l. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fIre, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; - Dangerous Buildings Inspection Form Bldg ] Page 2 ~6. Whenever the building or structure has been so damaged by fIre, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; - ~ 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfIt for human habitation or in such a condition that is likely to cause sickness or disease; ~8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fIre-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fIre hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: ~l. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fIre, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; ~ 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety . FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #1: (REPAIRABLE - RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REQUIRED REPAIRS OR AL TERA TIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS THEN THE OPINION OF THIS BOARD THAT THIS BUILDING BE DEMOLISHED. x <N .j U:t. ~, w J\~L0 ~'-I/~ 7 BUILDING OFFICIAL'S OFFICE DATE x L/4lff FIRE MARSHAL'S OFFICE 4/iI /0-, DATE x~J;r7. &:;p FI CHIEF'S OFFICE rJt~?~7 . DATE ,-~ Dangerous Building Inspection Form Bldg I A = Adequate I. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a. Footings b. Sills c. Joists B. Walls 1. Exterior 2. Interior Means of Egress 1. Doors a. Interior b. Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof I. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other II. MECHANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing 1. Fixtures a. Sink b. Lavatories c. Water/Closets d. Shower e Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC 1. Heating 2. Air Conditioning III. PROPERTY CONDITIONS Page 3 BUILDING EVALUATION CHECKLIST ~ ~ UNK UNK ~ UNK UNK ~ ~ ~ ~ ~ UNK UNK UNK ~ ~ UNK UNK UNK ~ UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK ~ 1. Accessory Structures ~ 2. Condition of Grounds ~ 3. Other ,- Comments: D = Deficient N/ A = Not Applicable COMMENT / EXPLANATION BLKS SHIFTED: EXT WALL CRACKS DUE TO FOUNDATION PROBLEMS. UNABLE TO INSPECT UNABLE TO INSPECT SOME ROT SOME DAMAGE SEEN THRU REAR WINDOW; OTHERS COVERED UNABLE TO INSPECT ROT AT THRESHOLD - BACK NEED MAINTENANCE UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT MISSING COVER: NOT TO CODE UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNSECURED WIRES AT SIDE PORCH UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNIT UNSTABLE ROT.RUST.UNLEVEL DEBRIS EXTERIOR INSPECTION om Y: HOUSE SECURED S:\CPShare\INSPECTION DIVISION\ALL OTHER STUFFlCode EnforcementlDang BuildingslD B lNSP FORM 249 Dwire.doc06-2007 Rev. City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 6-5-07 STREET ADDRESS: 210 PINE BLUFF ST. HCAD OWNER: DEED OWNER: OTHER: RICHARD L. PFIRMAN - 17926 BAMWOOD DR. - HOUSTON. TX 77090-1857 RICHARD L. PFIRMAN - 8045 ANTOINE #383 - HOUSTON TX 77088 MELISSA STALLMAN & TODD STEVENSON- 2555 REPSDORPH #414- SEABROOK. TX 77586 (LEASEE) LEGAL: BLOCK 7: LOTS 31-33: PINE BLUFF OCCUPANCY TYPE: RESIDENCE ZONING: R-1 NON-CONFORMING ISSUES: N/A FACILITIES A V AILABLE: WATER YES SEWER YES ELECTRICAL: YES GAS: YES NO.OF DWELLING UNITS: (] ) UNIT VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-I. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fIre, earthquake, wind, flood, or by any other cause to such an extent that the structural strength OT stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; L-S. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings Inspection Form Bldg I Page 2 L-6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all ofthe following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; L-2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; L- 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety . FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: .- OPTION #1: (REPAIRABLE - RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL RESIDENTIAL CODE, AS ADOPTED, AMENDED AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING THE REGULA TIONS AND CODE AS ITS GUIDE, IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS, BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR AL TERA TIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMET ABLE SET OUT IN ARTICLE VIII, SECTION 82-478. IT IS THEN THE OPINION OF THIS BOARD THAT THIS BUILDING BE DEMOLISHED. x Q~,-A 2A~ fo-/)-tJ0 BUILDING OFFICIAL'S OFFICE DATE X {I!1~L~J FIRE SHAL'S OFFICE 6? If{ 10'] bAtE x!J/Jl. ~ FIRE CHIEF'S OFFICE 6-,}-d7 DATE . Dangerous Building Inspection Form Bldg 1 A = Adequate 1. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a. Footings b. Sills c. Joists B. Walls 1. Exterior 2. Interior C. Means of Egress 1. Doors a. Interior b. Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof I. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other II. MECHANICAL SYSTEMS A. Electrical l. Service Entrance & Panel Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing 1. Fixtures a. Sink b. Lavatories c. Water/Closets d. Shower e Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC l. Heating 2. Air Conditioning llI. PROPERTY CONDITIONS Page 3 D = Deficient BUILDING EVALUATION CHECKLIST N/A = Not Applicable UNK UNK UNK UNK IL- UNK UNK L- IL- IL- L- L- UNK UNK UNK ~ UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK ~ 1. Accessory Structures IL- 2. Condition of Grounds IL- 3. Other COMMENT / EXPLANA nON UNABLE TO INSPECT UNABLETO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT SOME ROT UNABLE TO INSPECT UNABLE TO INSPECT STEPS MISSING AT BACK DOOR DAMAGED WINDOWS; BOARDED UP BY CLP UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNIT AT ROAD VERY BAD CONDITION RECENTLY CLEANED UP; PILES AT RD. Comments: 6-12-07 STAFF MET WITH NEW LEASEES; INTERIOR OF HOUSE HAS BEEN GUTTED. S:\CPShareIINSPECTION DIVISIONlALL OTHER STUFFlCode EnforcementlDang BuildingslD B INSP FORM 210 PINE BLUFF.doc06-2007 Rev. City of La Porte ,- DANGEROUS BUILDING INSPECTION FORM DATE: 6-5-07 STREET ADDRESS: 203 BA YSHORE DR. HCAD OWNER: F, G, WITHROW - 4202 ROSEMARY LN - HOUSTON TX 77093-2944 DEED OWNER: PATRICIA ANN WITHROW MARTIN - 343 FITZGERALD LN- JAMESTOWN TN 38556 LEGAL: BLOCK 7: LOT 8: PINE BLUFF OCCUPANCY TYPE: RESIDENCE ZONING: R-J NON-CONFORMING ISSUES: N/A FACILITIES A V AILABLE: WATER YES SEWER YES ELECTRICAL: YES GAS: YES NO,OF DWELLING UNITS: (J) UNIT VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: ,- Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-l. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; L-3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; L- 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; L-S. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings Inspection Fonn Bldg I Page 2 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; L-S. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-l. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; L-2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; L- 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #1: (REPAIRABLE - RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REQUIRED REPAIRS OR AL TERA TIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS THEN THE OPINION OF THIS BOARD THAT THIS BUILDING BE DEMOLISHED. x (j;j-tJ,4 J, w;~ '~//-tJ? BUILDING OFFICIAL'S OFFICE DATE ~~ X '~5 FI MA S L'S OFFICE ~/n (:, DA E X lJ. \'Y1, B~ FIRE CHIEF'S OFFICE 6. -1-tYl DATE - Dangerous Building Inspection Form Bldg I - A = Adequate 1. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a. Footings b. Sills c. Joists B. Walls 1. Exterior 2. Interior C. Means of Egress 1. Doors a. Interior b. Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof I. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other II. MECHANICAL SYSTEMS A. Electrical I. Service Entrance & Panel Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing 1. Fixtures a. Sink b. Lavatories c. Water/Closets d. Shower e Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC I. Heating 2. Air Conditioning III. PROPERTY CONDITIONS Page 3 D = Deficient BUILDING EV ALUA nON CHECKLIST N/A = Not Applicable ~ ~ ~ ~ ~ UNK UNK ~ ~ ~ ~ ~ UNK UNK UNK ~ ~ UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK ~ 1. Accessory Structures ~ 2. Condition of Grounds ~ 3. Other - COMMENT / EXPLANATION PORCH SLAB-CRACKED N/A N/A N/A HOLES. ROT UNABLE TO INSPECT UNABLE TO INSPECT GLASS KNOCKED OUT: BOARDED UP N/A GLASS BROKEN: BOARDED UP UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT NO UNIT VISIBLE (2) BOTH BAD CONDITION DEBRIS: STANDING WATER: WEEDS Comments: EXTERIOR INSPECTION ONLY: UNSECURED BUILDING BOARDED UP BY CITY OF LA PORTE; CITY OF LAPORTE DID MOWING S:\CPShareIlNSPECTION DIVISION\ALL OTHER STUFF\Code EnforcementlDang BuildingslD B INSP FORM 203 BA YSHORE DR.doc06-2007 Rev. City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 6-5-07 STREET ADDRESS: 1025 SAN JACINTO HCAD OWNER: JOSE MARTINEZ - 11222 NORTH H ST. - LA PORTE TX 77571 DEED OWNER: SAME LEGAL: BLOCK 305: LOTS 10-15: LA PORTE OCCUPANCY TYPE: RESIDENCE ZONING: R-3 NON-CONFORMING ISSUES: N/A FACILITIES A V AILABLE: WATER YES SEWER YES ELECTRICAL: YES GAS: YES NO.OF DWELLING UNITS: (J) UNIT VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: ~l. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; L-3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; L- 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; L-s. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings Inspection Form Bldg I Page 2 ~6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; ~- ~ 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; ~8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: ~l. Whenever any protective or safety device specified in The Electrical Code and ofthis title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; ~2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; ~ 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #2: (NOT REPAIRABLE - RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT NOT REPAIRABLE. AND SHOULD BE DEMOLISHED. THIS BUILDING DOES NOT PROVIDE THE BASIC MINIMUM HOUSING STANDARDS DEEMED ESSENTIAL FOR SAFE AND HEALTHFUL LIVING FOR A RESIDENTIAL OCCUPANCY AND IS A THREAT TO PUBLIC SAFETY. HEALTH AND THE GENERAL WELFARE OF THE CITIZENS OF LA PORTE. X Q~j, 4)~ BUILDING OFFICIAL'S OFFICE ~-II-tJ 7 DATE x{l~/ FIRE MARS AL'S OFFICE & /rt /01 DATE x kJ.hl.~~ FIRE CHIEF'S OFFICE 0[, =O? ~tJ ~ DATE - Dangerous Building Inspection Form Bldg I A = Adequate .- I. STRUCTURAL A. Foundation I. Slab 2. Pier & Beam a. Footings b. Sills c. Joists B. Walls I. Exterior 2. Interior C. Means of Egress I. Doors a. Interior b. Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof I. Rafters 2. Deck, Shingles E. Ceilings I. Joists 2. Ceiling F. Floors G. Other II. MECHANICAL SYSTEMS A. Electrical I. Service Entrance & Panel Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing 1. Fixtures a. Sink b. Lavatories c. Water/Closets d. Shower e Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC I. Heating 2. Air Conditioning III. PROPERTY CONDITIONS Page 3 D = Deficient BUILDING EV ALVA TION CHECKLIST N/A = Not Applicable ~ UNK UNK UNK ~ IL- A-- ~ ~ A-- ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ UNK UNK ~ UNK UNK ~ 1. Accessory Structures ~ 2. Condition of Grounds ~ 3. Other ~ Comments: COMMENT / EXPLANATION N/A UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT ROT. HOLES ROT ROT STEPS MISSING AT (!) SIDE DOOR ROT HOLES. ROT ROT FALLING IN HOLES. ROT NOT TO CODE NOT TO CODE: UNGROUNDED COVERS MISSING NOT TO CODE: UNGROUNDED NOT TO CODE NONE NONE NONE NOT TO CODE UNABLE TO INSPECT UNABLE TO INSPECT SEPTIC TANK OPEN(REAR - NE CORNER) WINDOW UNIT FRAME ONLY NEEDS MAINTENANCE WEEDS: DIRT PILES OPEN SEPTIC TANK PILE OF DIRT AT PROPERTY S:\CPShare\INSPECTION DIVISION\ALL OTHER STUFF\Code EnforcementlDang BuildingslD B INSP FORM 1025 SAN JACINTO.doc06-2007 Rev. City of La Porte ..- DANGEROUS BUILDING INSPECTION FORM DATE: 6-5-07 STREET ADDRESS: 202 S BLACKWELL ST. HCAD OWNER: LEONARD ZLOMKE - 202 S BLACKWELL ST - LA PORTE TX 77571-5705 DEED OWNER: LEONARD ZLOMKE - 202 S BLACKWELL AVE - LAPORTE TX 77571 OTHER: LEONARD ZLOMKE - 209 S LOBIT - LA PORTE TX 77571-5705 LEGAL: BLOCK 75; LOTS 38-40 & TR 37; BA YFRONT TO LA PORTE OCCUPANCY TYPE: RESIDENCE ZONING: R-1 NON-CONFORMING ISSUES: N/A FACILITIES A V AILABLE: WATER YES SEWER YES ELECTRICAL: YES GAS: YES NO.OF DWELLING UNITS: (!) UNIT VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-l. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; L-3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; L-5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings Inspection FOnTI Bldg 1 Page 2 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; - L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construCtion or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: I. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; L-2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; L- 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety . FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #1: (REPAIRABLE - RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR AL TERA TIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS THEN THE OPINION OF THIS BOARD THAT THIS BUILDING BE DEMOLISHED. x~1J~ ..Q 7AL,~9'>l BUI DING OFFICIAL'S OFFICE "I}-O'? DATE x i A1,L FIRE MARSHAL'S OFFICE &.11- 0, DATE x tJ.rr1.01~ FIRE CHIEF'S OFFICE ()/q/I}?/p'l DATE - Dangerous Building Inspection Form Bldg I A = Adequate I. STRUCTURAL A. Foundation I. Slab 2. Pier & Beam a. Footings b. Sills c. Joists B. Walls I. Exterior 2. Interior C. Means of Egress I. Doors a. Interior b. Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof I. Rafters 2. Deck, Shingles E. Ceilings I. Joists 2. Ceiling F. Floors Page 3 D = Deficient BUILDING EV ALVA nON CHECKLIST N/ A = Not Applicable UNK UNABLE TO INSPECT ~ ~ ~ ROT AT FRAME ~ ROOF SAGGING ~ ROOF SAGGING UNK UNABLE TO INSPECT UNK UNABLE TO INSPECT UNK UNABLE TO INSPECT ~ ~ UNK UNK ~ UNK - G. Other II. MECHANICAL SYSTEMS A. Electrical I. Service Entrance & Panel ~ Wiring UNK 3. Lights, Switches UNK 4. Outlets UNK 5. Other B. Plumbing I. Fixtures a. Sink UNK b. Lavatories UNK c. Water/Closets UNK d. Shower UNK e Water Heater UNK 2. Water Piping UNK 3. Drain, Waste & Vent UNK 4. Sewer/Septic tank UNK 5. Gas System UNK C. Heating & AlC I. Heating UNK 2. Air Conditioning UNK III. PROPERTY CONDITIONS I. Accessory Structures ~ 2. Condition of Grounds ~ 3. Other ~ .'- COMMENT / EXPLANATION N/A HOUSE LEANING UNABLE TO INSPECT UNABLE TO INSPECT ROT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT NOT TO CODE; UNGROUNDED UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT WINDOW UNIT NEEDS NEW DOOR; (J) BROKEN WINDOW Comments: I. FOUNDATION CONCERNS DUE TO VISIBLE LEANING CONDITION. 2. HOUSE SEPARATING FROM ADDITION. S:\CPShareIINSPECTION DIVISION\ALL OTHER STUFFlCode EnforcementlDang BuildingslD B INSP FORM 202 S BLACKWELL.doc06-2007 Rev. City of La Porte - DANGEROUS BUILDING INSPECTION FORM DATE: 6-5-07 STREET ADDRESS: 531 S 5TH ST HCAD OWNER: KENNETH CRUMPLER - 3030 COUNTY RD - ROSHARON TX 77583-6110 DEED OWNER: KENNETH E CRUMPLER & WIFE ERTIS L CRUMPLER - ADDRESS UNKNOWN OTHER: KENNETH CRUMPLER % KATHLEEN CRUMPLER - 930 ROBINSON RD - LA PORTE TX 77571 (DAUGHTER) LEGAL: BLOCK 113; LOTS 13-16: LA PORTE OCCUPANCY TYPE: RES ACCY BLDG ONLY ZONING: R-I NON-CONFORMING ISSUES: PRE-EXISTING, NON-CONFORMING ACCESSORY BLDG WITHOUT PRIMARY RESIDENCE. FACILITIES A V AILABLE: WATER YES SEWER YES ELECTRICAL: YES GAS: YES NO.OF DWELLING UNITS: N/A VACANT: YES OCCUPIED: - AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard, A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-L A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fIre, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4, Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; L-S. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings Inspection Form Bldg I Page 2 ~6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; ~2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; ~ 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #3: (NON-RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL BUILDING CODE. AS ADOPTED. AMENDED AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079-B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR AL TERA TIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS THEN THE OPINION OF THIS BOARD THAT THIS BUILDING BE DEMOLISHED. Xu2~.j, N.;.~ G-I/-l17 BUI DING OFFICIAL'S OFFICE DATE x~. FIRE SHAL'S OFFICE vir/lor DATE x ~).m. (i6~ FIRE CHIEF'S OFFICE ()(p(1J71tY1 DATE Dangerous Building Inspection Fonn Bldg I Page 3 ,- BUILDING EV ALUA TION CHECKLIST A = Adequate D = Deficient N/A = Not Applicable L STRUCTURAL COMMENT / EXPLANATION A. Foundation 1. Slab ~ 2. Pier & Beam a. Footings ~ b. Sills ~ c. Joists ~ B. Walls 1. Exterior IL- RUST: HOLES 2. Interior ~ C. Means of Egress 1. Doors a. Interior ~ b. Exterior IL- SUBSTANDARD: FALLING IN 2, Porches, Steps, Stairs ~ 3. Windows IL- MISSING. BROKEN GLASS D. Roof 1. Rafters IL- ROT 2. Deck, Shingles IL- HOLES. ROT E. Ceilings 1. Joists ~ 2. Ceiling ~ ~- F. Floors ~ G. Other II. MECHANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel L- MOUNTED ON SEPARATE POLE Wiring UNK UNABLE TO INSPECT 3. Lights, Switches UNK UNABLE TO INSPECT 4. Outlets UNK UNABLE TO INSPECT 5. Other B. Plumbing 1. Fixtures a. Sink b. Lavatories c. Water/Closets d, Shower e Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC 1. Heating 2. Air Conditioning III. PROPERTY CONDITIONS ~ ~ ~ ~ ~ UNK ~ ~ ~ ~ ~ - I. Accessory Structures IL- 2. Condition of Grounds IL- 3. Other Comments: PVC PIPING ON OUTSIDE ONLY STRUCTURE IS ACCESSORY STRUCTURE TREE LIMBS. WEEDS. BRUSH NO PRIMARY RESIDENCE ON SITE WITH BUILDING City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 6-5-07 STREET ADDRESS: 419 S 8TH ST. HCAD OWNER: PETER KUCHINKE - 118 OAKDALE ST. - LA PORTE TX 77571-7345 DEED OWNER: PETER J. KUCHlNKA - 118 OAKDALE ST. - SHORE ACRES TX 77571 LEGAL: BLOCK 5: LOTS 9-10: LA PORTE OCCUPANCY TYPE: COML BLDG ZONING: GC NON-CONFORMING ISSUES: N/A FACILITIES AVAILABLE: WATER YES SEWER YES ELECTRICAL: YES GAS: YES NO.OF DWELLING UNITS: N/A VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VlII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-1. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; L-S. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings Inspection Form Bldg I Page 2 L-6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; L-2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; L- 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #3: (NON-RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL BUILDING CODE. AS ADOPTED. AMENDED AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079-B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR AL TERA TIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS THEN THE OPINION OF THIS BOARD THAT THIS BUILDING BE DEMOLISHED. x Q-tN,.:t!, 11 L~'w (q-/J--&? BUILDING OFFICIAL'S OFFICE DATE x !tf&~ FIRE MAR AL'S OFFICE G-./t tr") DATE x 0. m. f1r~ FIRE CHIEF'S OFFICE O~/~?~7 DATE Dangerous Building Inspection Form Bldg I Page 3 BUILDING EVALUATION CHECKLIST A = Adequate D = Deficient N/ A = Not Applicable - I. STRUCTURAL COMMENT / EXPLANATION A. Foundation I. Slab UNK UNABLE TO INSPEC 2. Pier & Beam a. Footings ~ b. Sills ~ c. Joists ~ B. Walls I. Exterior ~ RUST; DAMAGED 2. Interior UNK UNABLE TO INSPECT C. Means of Egress I. Doors a. Interior UNK UNABLE TO INSPECT b. Exterior ~ ROTTED: RUST 2. Porches, Steps, Stairs ~ NONE 3. Windows A-- D. Roof I. Rafters UNK UNABLE TO INSPECT 2. Deck, Shingles UNK UNABLE TO INSPECT E. Ceilings I. Joists UNK UNABLE TO INSPECT 2. Ceiling UNK UNABLE TO INSPECT F. Floors UNK UNABLE TO INSPECT G. Other - II. MECHANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel ~ NO VISIBLE SERVICE PANEL Wiring UNK UNABLE TO INSPECT 3. Lights, Switches UNK UNABLE TO INSPECT 4. Outlets UNK UNABLE TO INSPECT 5. Other B. Plumbing I. Fixtures a. Sink UNK UNABLE TO INSPECT b. Lavatories UNK UNABLE TO INSPECT c. Water/Closets UNK UNABLE TO INSPECT d. Shower UNK UNABLE TO INSPECT e Water Heater UNK UNABLE TO INSPECT 2. Water Piping UNK UNABLE TO INSPECT 3. Drain, Waste & Vent UNK UNABLE TO INSPECT 4. Sewer/Septic tank UNK UNABLE TO INSPECT 5. Gas System UNK UNABLE TO INSPECT C. Heating & AlC I. Heating UNK UNABLE TO INSPECT 2. Air Conditioning ~ NONE III. PROPERTY CONDITIONS I. Accessory Structures ~ 2. Condition of Grounds ~ OVERGROWN 3. Other Comments: EXTERIOR INSPECTION ONLY - S:ICPShare\INSPECTION DIVISION\ALL OTHER STUFFICode EnforcementlDang BuildingslD B INSP FORM 419 S 8TH.doc06.2007 Rev. City of La Porte - DANGEROUS BUILDING INSPECTION FORM DATE: 6-5-07 STREET ADDRESS: 618 N 1ST ST. HCAD OWNER: JOE & BARBARA BOOKER - 1019 PINEWOOD LN - SEABROOK TX 77586-4532 DEED OWNER: BARBARA BOOKER & JOE BOOKER - 1019 PINEWOOD LN - SEABROOK TX 77586 LEGAL: BLOCK 327: LOTS 7-8: LA PORTE OCCUPANCY TYPE: RESIDENTIAL ZONING: G-C NON-CONFORMING ISSUES: ABANDONED:PRE-EXISTING. NON-CONFORMING USE FACILITIES A V AILABLE: WATER YES SEWER YES ELECTRICAL: YES GAS: YES NO.OF DWELLING UNITS: (]) VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: - Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: ~1. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; ~3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; ~ 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; ~5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings Inspection Form Bldg 1 Page 2 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; L-S. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety . FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #1: (REPAIRABLE - RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS THEN THE OPINION OF THIS BOARD THAT THIS BUILDING BE DEMOLISHED. x ~}p)~ 0llA)~f~~, ~-1/-"7 BUILDING OFFICIAL'S OFFICE DATE x (( flItt ~ FIRE MARSHAL'S OFFICE ~;;f /p? DATE xJl.(J1. 6 FI CHIEF'S OFFICE 0fJ!07/"7 DATE - Dangerous Building Inspection Form Bldg I G. Other .- II. MECHANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing 1. Fixtures a. Sink b. Lavatories c. Water/Closets d. Shower e Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC I. Heating 2. Air Conditioning III. PROPERTY CONDITIONS ~ UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK 1. Accessory Structures ~ 2. Condition of Grounds ~ 3. Other Comments: Page 3 NO COVER PLA TE UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT NONE VISIBLE NONE WEEDS. DEBRIS EXTERIOR INSPECTION ONLY .- S:\CPShareIlNSPECTION DIVISIONlALL OTHER STUFF\Code EnforcementlDang BuildingslD B INSP FORM 618 N IST.doc06.2007 Rev. City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 6-5-07 STREET ADDRESS: 622 N 1ST ST. HCAD OWNER: JOE & BARBARA BOOKER - 1019 PINEWOOD LN - SEABROOK TX 77586-4532 DEED OWNER: BARBARA BOOKER & JOE BOOKER - 1019 PINEWOOD LN - SEABROOK TX 77586 LEGAL: BLOCK 327: LOTS 5-6: LA PORTE OCCUPANCY TYPE: RESIDENTIAL ZONING: G-C NON-CONFORMING ISSUES: ABANDONED: PRE-EXISTING.NON-CONFORMING USE FACILITIES A V AILABLE: WATER YES SEWER YES ELECTRICAL: YES GAS: YES NO.OF DWELLING UNITS: (!) VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-l. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; L- 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; L-S. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings Inspection Form Bldg I Page 2 L-6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #1: (REPAIRABLE - RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR AL TERA TIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS THEN THE OPINION OF THIS BOARD THAT THIS BUILDING BE DEMOLISHED. x ~~ ~ 7A.t~ (; -If-I) :? BUILDING OFFICIAL'S OFFICE DATE x/fftL FIRE MARSHAL'S OFFICE {.lh /t!f1 'DATE x !t<J.(Vl.~ FIRE CHIEF'S OFFICE ()tP/~ 7 It//) DATE Dangerous Building Inspection Fonn Bldg ] Page 3 BUILDING EV ALVA TION CHECKLIST A = Adequate D = Deficient N/ A = Not Applicable I. STRUCTURAL COMMENT / EXPLANATION A. Foundation 1. Slab ~ 2. Pier & Beam a. Footings ~ BLOCKS LEANING b. Sills ~ ROT c. Joists UNK UNABLE TO INSPECT B. Walls 1. Exterior ~ ROT; HOLES 2. Interior UNK UNABLE TO INSPECT C. Means of Egress I. Doors a. Interior UNK UNABLE TO INSPECT b. Exterior IL- ROT AT FRAMES 2. Porches, Steps, Stairs ~ FRONT PORCH SAGGING 3. Windows ~ ROT AT FRAME D. Roof I. Rafters ~ ROT 2. Deck, Shingles ~ E. Ceilings 1. Joists UNK UNABLE TO INSPECT 2. Ceiling UNK UNABLE TO INSPECT F. Floors UNK UNABLE TO INSPECT G. Other - II. MECHANICAL SYSTEMS A. Electrical I. Service Entrance & Panel ~ Wiring UNK UNABLE TO INSPECT 3. Lights, Switches UNK UNABLE TO INSPECT 4. Outlets UNK UNABLE TO INSPECT 5. Other B. Plumbing 1. Fixtures a. Sink UNK UNABLE TO INSPECT b. Lavatories UNK UNABLE TO INSPECT c. Water/Closets UNK UNABLE TO INSPECT d. Shower UNK UNABLE TO INSPECT e Water Heater UNK UNABLE TO INSPECT 2. Water Piping UNK UNABLE TO INSPECT 3. Drain, Waste & Vent UNK UNABLE TO INSPECT 4. Sewer/Septic tank UNK UNABLE TO INSPECT 5. Gas System UNK UNABLE TO INSPECT C. Heating & AlC 1. Heating UNK UNABLE TO INSPECT 2. Air Conditioning ~ NONE III. PROPERTY CONDITIONS I. Accessory Structures IL- WOOD FOUNDATION ROT 2. Condition of Grounds ~ WEEDS. DEBRIS 3. Other .- Comments: EXTERIOR INSPECTION ONLY S:\CPShare\INSPECTlON DlVISIONlALL OTHER STUFFlCode EnforcementlDang BuildingsID B INSP FORM 622 N IST.doc06-2007 Rev. City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 6-5-07 STREET ADDRESS: 517 N 3RD ST. HCAD OWNER: JOE & BARBARA BOOKER - 1019 PINEWOOD LN - SEABROOK TX 77586-4532 DEED OWNER: BARBARA BOOKER & JOE BOOKER - 1019 PINEWOOD LN - SEABROOK TX 77586 LEGAL: BLOCK 105: LOTS 25-26: LA PORTE OCCUPANCY TYPE: RESIDENTIAL ZONING: R-2 NON-CONFORMING ISSUES: FACILITIES AVAILABLE: WATER YES SEWER YES ELECTRICAL: YES GAS: YES NO.OF DWELLING UNITS: (1) VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-l. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; L-2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; L-3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; L-S. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; - Dangerous Buildings Inspection Fonn Bldg I Page 2 ~6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; ~ 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; ~8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: ~l. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; ~3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; ~ 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #2: (NOT REPAIRABLE - RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT NOT REPAIRABLE. AND SHOULD BE DEMOLISHED. THIS BUILDING DOES NOT PROVIDE THE BASIC MINIMUM HOUSING STANDARDS DEEMED ESSENTIAL FOR SAFE AND HEALTHFUL LIVING FOR A RESIDENTIAL OCCUPANCY AND IS A THREAT TO PUBLIC SAFETY. HEALTH AND THE GENERAL WELFARE OF THE CITIZENS OF LA PORTE. x r;)J.~ l (;J;~~ ~ -I/-e/, BUILDING OFFICIAL'S OFFICE DATE x ~ d/IIL FIRE MARSHAL'S OFFICE q/t 1C?1 DATE x Mm, rJ6~ FIRE CHIEF'S OFFICE OIP/I)?/fJ7 DATE Dangerous Building Inspection Form Bldg I - A = Adequate I. STRUCTURAL A. Foundation I. Slab 2. Pier & Beam a. Footings b. Sills c. Joists B. Walls I. Exterior 2. Interior C. Means of Egress I. Doors a. Interior b. Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof I. Rafters 2. Deck, Shingles E. Ceilings I. Joists 2. Ceiling F. Floors G. Other II. MECHANICAL SYSTEMS A. Electrical I. Service Entrance & Panel Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing I. Fixtures a. Sink b. Lavatories c. Water/Closets d. Shower e Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC I. Heating 2. Air Conditioning III. PROPERTY CONDITIONS Page 3 D = Deficient BUILDING EVALUATION CHECKLIST N/ A = Not Applicable ~ ~ 1L- 1L- 1L- 1L- 1L- 1L- 1L- 1L- 1L- 1L- 1L- 1L- 1L- 1L- 1L- 1L- 1L- 1L- 1L- 1L- 1L- 1L- 1L- 1L- 1L- 1L- 1L- 1L- I. Accessory Structures ~ 2. Condition of Grounds 1L- 3. Other Comments: COMMENT / EXPLANATION FIRE DAMAGED FIRE DAMAGED FIRE DAMAGED FIRE DAMAGED FIRE DAMAGED FIRE DAMAGED COVERED IN FIRE DEBRIS FIRE DAMAGED FIRE DAMAGED FIRE DAMAGED FIRE DAMAGED FIRE DAMAGED FIRE DAMAGED PULLING A WAY FROM WALL FIRE DAMAGED FIRE DAMAGED FIRE DAMAGED FIRE DAMAGED FIRE DAMAGED FIRE DAMAGED FIRE DAMAGED FIRE DAMAGED FIRE DAMAGED FIRE DAMAGED FIRE DAMAGED FIRE DAMAGED FIRE DAMAGED FIRE DAMAGED WEEDS. FIRE DEBRIS FIRE DAMAGED HOUSE 2-6-07 S:\CPShare\INSPECTION DIVISION\ALL OTHER STUFFlCode EnforcementlDang BuildingslD B INSP FORM 517 N 3RD.doc06-2007 Rev. City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 6-5-07 STREET ADDRESS: 10911 N L ST. # 22-A HCAD OWNER: DEED OWNER: GLENN W. BROWN JR- 3413 WINDFERN DR- PEARLAND TX 77581-6466 GLENN W BROWN JR- 3413 WINDFERN - PEARLAND TX 77581-6466 OTHER: GLENN W BROWN JR - POBOX 5309 - PASADENA TX 77508-5309 LEGAL: TR 426 B. W 1/2 OF E 1/2. LAPORTE OUTLOTS OCCUPANCY TYPE: RESIDENTIAL ZONING: MH NON-CONFORMING ISSUES: FACILITIES A V AILABLE: WATER YES SEWER YES ELECTRICAL: YES GAS: YES NO.OF DWELLING UNITS: (1) VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: .- Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-l. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fIre, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; L-3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; L- 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; L-S. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings Inspection Form Bldg I Page 2 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; L-S. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-l. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; L-2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; L- 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #1: (REPAIRABLE - RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS THEN THE OPINION OF THIS BOARD THAT THIS BUILDING BE DEMOLISHED. x5J.J)~ ~ N~ BUILDING OFFICIAL'S OFFICE '--11~7 DATE x/dtI~ FIRE MAR L'S OFFICE birr/Vi DATE x WIJ1. f1~/ FIRE CHIEF'S OFFICE f)fo/~? %1 DATE Dangerous Building Inspection Fonn Bldg I A = Adequate I. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a. Footings b. Sills c. Joists B. Walls 1. Exterior 2. Interior C. Means of Egress 1. Doors a. Interior b. Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof 1. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other II. MECHCANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel Wiring Page 3 D = Deficient BUILDING EV ALVA nON CHECKLIST N/ A = Not Applicable ~ ~ ~ ~ L- L- UNK UNK ~ ~ ~ UNK ~ ~ UNK UNK ~ 3. Lights, Switches UNK 4. Outlets UNK 5. Other B. Plumbing 1. Fixtures a. Sink b. Lavatories c. Water/Closets d. Shower e Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC 1. Heating 2. Air Conditioning III. PROPERTY CONDITIONS UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK 1. Accessory Structures ~ 2. Condition of Grounds ~ 3. Other - COMMENT /EXPLANATION UNABLE TO INSPECT BOARDED UP MISSING GLASS BROKEN WATER DAMAGED UNABLE TO INSPECT WATER DAMAGED FALLING IN (VISIBLE THRU WINDOW UNABLE TO INSPECT UNABLE TO INSPECT EXPIRED FIXTURE WIRING IN DAMAGED CEILING (VISIBLE THRU WINDOW UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT WEEDS AT HOME & REAR OF LOT Comments: EXTERIOR INSPECTION ONLY S:\CPShare\INSPECTION DIVISIONlALL OTHER STUFF\Code EnforcementlDang BuildingslD B INSP FORM 10911 N L22-A.doc06-2007 Rev. City of La Porte _. DANGEROUS BUILDING INSPECTION FORM DATE: 6-5-07 STREET ADDRESS: 10911 N L ST. # 22-B HCAD OWNER: DEED OWNER: GLENN W. BROWN JR - 3413 WINDFERN DR- PEARLAND TX 77581-6466 GLENN W BROWN JR- 3413 WINDFERN - PEARLAND TX 77581-6466 OTHER: GLENN W BROWN JR - POBOX 5309 - PASADENA TX 77508-5309 LEGAL: TR 426 B. W 1/2 OF E 1/2. LAPORTE OUTLOTS OCCUPANCY TYPE: RESIDENTIAL ZONING: MH NON-CONFORMING ISSUES: FACILITIES AVAILABLE: WATER YES SEWER YES ELECTRICAL: YES GAS: YES NO.OF DWELLING UNITS: (1) VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-l. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; L-3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; L- 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; L-S. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings Inspection Form Bldg I Page 2 - 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all ofthe following is applicable: I. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; L-2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; L- 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety . FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #2: (NOT REPAIRABLE - RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT NOT REPAIRABLE. AND SHOULD BE DEMOLISHED. THIS BUILDING DOES NOT PROVIDE THE BASIC MINIMUM HOUSING STANDARDS DEEMED ESSENTIAL FOR SAFE AND HEALTHFUL LIVING FOR A RESIDENTIAL OCCUPANCY AND IS A THREAT TO PUBLIC SAFETY. HEALTH AND THE GENERAL WELFARE OF THE CITIZENS OF LA PORTE. XCiJ~J~JI ~ ~-/I-tJ7 BUILDING OFFICIAL'S OFFICE DATE x ~!//L- FI ARSHAL'S OFFICE ~j,/V7 DATE x lJ.tn. rPo~ FIRE CHIEF'S OFFICE 0&(01101 DATE Dangerous Building Inspection Form Bldg 1 Page 3 BUILDING EVALUATION CHECKLIST A = Adequate D = Deficient N/A = Not Applicable - I. STRUCTURAL COMMENT / EXPLANATION A. Foundation I. Slab ~ 2. Pier & Beam a. Footings ~ b. Sills ~ c. Joists ~ B. Walls I. Exterior ~ ROT.HOLES; SIDING FALLING OFF 2. Interior ~ HOLE (VISIBLE THRU WINDOW) C. Means of Egress I. Doors a. Interior UNK UNABLE TO INSPECT b. Exterior ~ DAMAGED 2. Porches, Steps, Stairs ~ MISSING 3. Windows ~ ROT ON FRAMES D. Roof I. Rafters UNK UNABLE TO INSPECT 2. Deck, Shingles UNK UNABLE TO INSPECT E. Ceilings I. Joists UNK UNABLE TO INSPECT 2. Ceiling UNK UNABLE TO INSPECT F. Floors UNK UNABLE TO INSPECT G. Other II. MECHANICAL SYSTEMS A. Electrical I. Service Entrance & Panel UNK UNABLE TO INSPECT Wiring UNK UNABLE TO INSPECT 3. Lights, Switches UNK UNABLE TO INSPECT 4. Outlets UNK UNABLE TO INSPECT 5. Other B. Plumbing I. Fixtures a. Sink UNK UNABLE TO INSPECT b. Lavatories UNK UNABLE TO INSPECT c. Water/Closets UNK UNABLE TO INSPECT d. Shower UNK UNABLE TO INSPECT e Water Heater UNK UNABLE TO INSPECT 2. Water Piping UNK UNABLE TO INSPECT 3. Drain, Waste & Vent UNK UNABLE TO INSPECT 4. Sewer/Septic tank UNK UNABLE TO INSPECT 5. Gas System UNK UNABLE TO INSPECT C. Heating & AlC I. Heating UNK UNABLE TO INSPECT 2. Air Conditioning UNK UNABLE TO INSPECT III. PROPERTY CONDITIONS I. Accessory Structures ~ 2. Condition of Grounds ~ WEEDS AT HOME & REAR OF LOT 3. Other Comments: .- S:\CPShare\INSPECTION DIVISIONlALL OTHER STUFF\Code EnforcementlDang BuildingslD B INSP FORM 10911 N L22-B.doc06-2007 Rev. City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 6-5-07 STREET ADDRESS: 10911 N L ST. # 22-C HCAD OWNER: DEED OWNER: GLENN W. BROWN JR - 3413 WINDFERN DR- PEARLAND TX 77581-6466 GLENN W BROWN JR - 3413 WINDFERN - PEARLAND TX 77581-6466 OTHER: GLENN W BROWN JR - POBOX 5309 - PASADENA TX 77508-5309 LEGAL: TR 426 B. W 1/2 OF E 1/2. LAPORTE OUTLOTS OCCUPANCY TYPE: RESIDENTIAL ZONING: MH NON-CONFORMING ISSUES: FACILITIES A V AILABLE: WATER YES SEWER YES ELECTRICAL: YES GAS: YES NO.OF DWELLING UNITS: (!) VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-l. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fIre, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; ,- Dangerous Buildings Inspection Form Bldg I Page 2 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all ofthe following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and ofthis title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #1: (REPAIRABLE - RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL RESIDENTIAL CODE, AS ADOPTED. AMENDED AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING THE REGULATIONS AND CODE AS ITS GUIDE, IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS, BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR AL TERA TIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII, SECTION 82-478, IT IS THEN THE OPINION OF THIS BOARD THAT THIS BUILDING BE DEMOLISHED. x~.Q.~~)J~ ~-)j-tJ7 BUILDING OFFICIAL'S OFFICE DATE x "/ FIRE HAL'S OFFICE ~~/V( DATE x ~J.m. f3~ FIRE CHIEF'S OFFICE Obit;? /07 DATE BUILDING EVALUATION CHECKLIST A = Adequate D = Deficient N/A = Not Applicable I. STRUCTURAL COMMENT / EXPLANA nON A. Foundation 1. Slab ~ 2. Pier & Beam a. Footings ~ b. Sills ~ C. Joists ~ B. Walls I. Exterior A-- 2. Interior UNK UNABLE TO INSPECT C. Means of Egress 1. Doors a. Interior UNK UNABLE TO INSPECT b. Exterior IL- BROKEN GLASS 2. Porches, Steps, Stairs IL- MISSING 3. Windows IL- BROKEN GLASS D. Roof 1. Rafters UNK UNABLE TO INSPECT 2. Deck, Shingles UNK UNABLE TO INSPECT E. Ceilings 1. Joists UNK UNABLE TO INSPECT 2. Ceiling IL- SAGGING (VISIBLE THRU WINDOw) F. Floors UNK UNABLE TO INSPECT Dangerous Building Inspection Fonn Bldg I G. Other II. MECHANICAL SYSTEMS A. Electrical I. Service Entrance & Panel Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing 1. Fixtures a. Sink b. Lavatories c. Water/Closets d. Shower e Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC 1. Heating 2. Air Conditioning III. PROPERTY CONDITIONS UNK UNK UNK UNK UNK UNK UNK UNK IL- UNK UNK UNK UNK UNK UNK I. Accessory Structures ~ 2. Condition of Grounds IL- 3. Other .- Comments: Page 3 UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT EXPOSED TO THE ELEMENTS UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT WEEDS AT HOME & REAR OF LOT S:ICPShareIINSPECTION DIVlSIONlALL OTHER STUFFlCode EnforcementlDang BuildingslD B INSP FORM 10911 N L22-C.doc06-2007 Rev. City of La Porte - DANGEROUS BUILDING INSPECTION FORM DATE: 6-5-07 STREET ADDRESS: 10911 N L ST. # 22-D HCAD OWNER: DEED OWNER: GLENN W. BROWN JR - 3413 WINDFERN DR- PEARLAND TX 77581-6466 GLENN W BROWN JR - 3413 WINDFERN - PEARLAND TX 77581-6466 OTHER: GLENN W BROWN JR - POBOX 5309 - PASADENA TX 77508-5309 LEGAL: TR 426 B, W 1/2 OF E 1/2. LAPORTE OUTLOTS OCCUPANCY TYPE: RESIDENTIAL ZONING: MH NON-CONFORMING ISSUES: FACILITIES A V AILABLE: WATER YES SEWER YES ELECTRICAL: YES GAS: YES NO.OF DWELLING UNITS: (!) VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all ofthe following is applicable: L-I. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; - Dangerous Buildings Inspection F onn Bldg I Page 2 - 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #1: (REPAIRABLE - RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR AL TERA TION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS THEN THE OPINION OF THIS BOARD THAT THIS BUILDING BE DEMOLISHED. x~J, 2AJ~~~~ BUILDING OFFICIAL'S OFFICE ~-/f-tJ7 DATE x / tIlL- FIRE MARSHAL'S OFFICE u-I! .t::7l DATE x t.).m, ~ FIRE CHIEF'S OFFICE Ofl!tJ'l/01 DATE -~ Dangerous Building Inspection Fonn Bldg 1 A = Adequate 1. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a. Footings b. Sills c. Joists B. Walls 1. Exterior 2. Interior C. Means of Egress 1. Doors a. Interior b. Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof 1. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other - II. MECHANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing 1. Fixtures a. Sink b. Lavatories c. Water/Closets d. Shower e Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC 1. Heating 2. Air Conditioning III. PROPERTY CONDITIONS Page 3 D = Deficient BUILDING EVALUATION CHECKLIST N/A = Not Applicable ~ ~ ~ ~ A--- UNK UNK UNK ~ ~ UNK UNK UNK ~ UNK UNK UNK UNK UNK UNK UNK UNK UNK ~ UNK UNK UNK UNK UNK UNK I. Accessory Structures ~ 2. Condition of Grounds ~ 3. Other COMMENT / EXPLANA nON UNABLE TO INSPECT UNABLE TO INSPECT BOARDED UP MISSING BROKEN GLASS UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT HOLE; EVIDENCE OF ROOF LEAK (VISIBLE THRU WINDOW) UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT EXPOSED TO THE ELEMENTS; FLOOR SUPPORT ROTTED UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT WEEDS AT HOME & REAR OF LOT Comments: EXTERIOR INSPECTION ONLY S:\CPShare\INSPECTION DlVISIONlALL OTHER STUFF\Code EnforcementlDang BuildingslD B INSP FORM 10911 N L22-D.doc06-2007 Rev. City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 6-5-07 STREET ADDRESS: 3229 BAYER ST HCAD OWNER: LORENA D & GONZALO MONTOYA - 3229 BAYER ST - LA PORTE TX 77571-3821 DEED OWNER: LORENA DELOERA MONTOYA & GONZALO MONTOYA - 3229 BAYER ST - LA PORTE TX 77571 LEGAL: BLK 4, L T 44, SPENCER HIGHWAY ESTATES OCCUPANCY TYPE: RESIDENTIAL ZONING: R-l NON-CONFORMING ISSUES: YES: ABANDONED, NON-CONFORMING PRE-EXISTING MOBILEHOME FACILITIES AVAILABLE: WATER YES SEWER YES ELECTRICAL: YES GAS: YES NO.OF DWELLING UNITS: (I) VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-l. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; L-3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; L- 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; L-S. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings Inspection Form Bldg I Page 2 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; L-8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-l. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; L-2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; L- 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety . - FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #2: (NOT REPAIRABLE - RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT NOT REPAIRABLE. AND SHOULD BE DEMOLISHED. THIS BUILDING DOES NOT PROVIDE THE BASIC MINIMUM HOUSING STANDARDS DEEMED ESSENTIAL FOR SAFE AND HEALTHFUL LIVING FOR A RESIDENTIAL OCCUPANCY AND IS A THREAT TO PUBLIC SAFETY. HEALTH AND THE GENERAL WELFARE OF THE CITIZENS OF LA PORTE. x <;J M.J.J. }J~6 -1/-8 '7 BUILDING OFFICIAL'S OFFICE DATE x~/ . FIRE1 HAL'S OFFICE u~/~ DA E x ld.m. f&~ FIRE CHIEF'S OFFICE OU/b'l/0? DATE Dangerous Building Inspection Form Bldg I Page 3 BUILDING EV ALUA nON CHECKLIST - A = Adequate D = Deficient N/A = Not Applicable I. STRUCTURAL COMMENT / EXPLANATION A. Foundation 1. Slab ~ 2. Pier & Beam a. Footings ~ TRAILER LEANING; UNEVEN SETTLEMENT b. Sills A-- REPLACED c. Joists A-- REPLACED B. Walls I. Exterior ~ DAMAGED 2. Interior ~ MISSING (FRAME ONL Y) C. Means of Egress I. Doors a. Interior ~ NONE b. Exterior A-- 2. Porches, Steps, Stairs ~ POOR CONDITION 3. Windows ~ INADEQUATE SUPPORTS D. Roof 1. Rafters UNK UNABLE TO INSPECT 2. Deck, Shingles UNK UNABLE TO INSPECT E. Ceilings 1. Joists ~ 2. Ceiling ~ HOLE: MISSING SHEETROCK F. Floors ~ MISSING G. Other II. MECHANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel A-- Wiring ~ UNSUPPORTED; NOT TO CODE 3. Lights, Switches ~ UNSUPPORTED; NOT TO CODE 4. Outlets ~ UNSUPPORTED; NOT TO CODE 5. Other B. Plumbing I. Fixtures a. Sink ~ NONE; (GUTTED) b. Lavatories ~ NONE; (GUTTED) c. Water/Closets ~ NONE: (GUTTED) d. Shower ~ NONE; (GUTTED) e Water Heater ~ NONE; (GUTTED) 2. Water Piping ~ NONE: (GUTTED) 3. Drain, Waste & Vent ~ NONE; (GUTTED) 4. Sewer/Septic tank ~ NONE: (GUTTED) 5. Gas System ~ NON; (GUTTED) C. Heating & AlC 1. Heating ~ NONE: (GUTTED) 2. Air Conditioning ~ NONE: (GUTTED) III. PROPERTY CONDITIONS I. Accessory Structures ~ NONE 2. Condition of Grounds ~ WEEDS 3. Other ,,.~. Comments: MOBILE HOME GUTTED S:ICPShareIINSPECTION DIVISION\ALL OTHER STUFFlCode EnforcemenllDang BuildingslD B INSP FORM 3229 BA YER.doc06-2007 Rev. City of La Porte Established 1892 June 26, 2007 RECE!l/ JUN 2 6 711'" L. ~ ,jEGf'zt:"r h' OFFICI:. Robert D. Davis 607 Sandy Lane La Porte, TX 77571 Certified Return Receipt Mail # 70050390000481746774 RE: Structure(s) at: . Legal Description: 249 Dwire Dr. Blk 8, Lt 1-2, Bay Oaks / Dear Sir: Staff has inspected the building(s) located at the above-described property. Our review found them to be substandard and candidates for possible condemnation as a dangerous building(s) under Article VIII; Section 82-473 of the City's Code of Ordinances. .- As required by the Code of Ordinances, a copy of the Board's report, as filed by the Board with the City Council of the City of La Porte, is attached to this letter and is a part of this notice. As the owner or interested party of the property you are required, in accordance with Section #82-476, to appear before the City Council at a public hearing to be held at the City of La Porte City Hall Council Chambers, 604 W. Fairmont Parkway, L~ Porte, Texas at 6:00 p.m., on the 23th day of July, 2007, and as the same may from time to time be adjourned, to appear and show cause why the structure(s) should not be declared a nuisance, condemned and ordered repaired or torn down, as more fully set forth in such notice attached hereto. This public hearing process need not be carried out if you, the property owner, choose to follow one of two alternative courses of action. One alternative is simply to have the structure demolished. Any demolition shall be in accordance with City Ordinances. The second alternative is to complete, have notarized and return the enclosed "Consent to Demolish" form. A photocopy of the property title must be attached to the form. The Consent to Demolish form should be returned to the City prior to the public hearing date. 604 W Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 Please note, should this building be demolished at the City's expense, you as the property owner will be billed for the cost of demolition. Failure to reimburse the City will result in a lien being filed against the property. We have your voluntary consent form on file. It is not necessary for you to attend this public hearing. At the public hearing, the City's Chief Building Official will present a report and slide presentation to City Council for their use in assessing the condition of this structure. City Council will make the final determination whether the structure may be repaired or condemned and demolished. Please note, submitting repair plans does not stop the public hearing proceedings. Respectfully, City of La Porte ~aPP~ By: Martha GIllett, TRMC, CMC City Secretary Attachments Xc: Mayor and City Council Wayne Sabo, Director of Planning Mike Boaze, Fire Chief Clif Meekins, Fire Marshal Board of Inspection File Copy via regular mail S:\City Planning Share\INSPECTION DlVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\D B NotifLtr to Owner. doc Rev. January 2003 City of La Porte Established 1892 June 26, 2007 Ruby Alma Davis 249 Dwire Dr. La Porte, TX 77571 Certified Return Receipt Mail # 7005 0390 0004 8174 6781 RE: Structure(s) at: Legal Description: 249 Dwire Dr. Blk 8, Lts 1-2, Bay Oaks Dear Ms Davis: Staff has inspected the building( s) located at the above-described property. Our review found them to be substandard and candidates for possible condemnation as a dangerous building( s) under Article VIII; Section 82-473 of the City's Code of Ordinances. As required by the Code of Ordinances, a copy of the Board's report, as filed by the Board with the City Council of the City of La Porte, is attached to this letter and is a part of this notice. As the owner or interested party of the property you are required, in accordance with Section #82-476, to appear before the City Council at a public hearing to be held at the City of La Porte City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas at 6:00 p.m., on the 23th day of July, 2007, and as the same may from time to time be adjourned, to appear and show cause why the structure(s) should not be declared a nuisance, condemned and ordered repaired or tom down, as more fully set forth in such notice attached hereto. This public hearing process need not be carried out if you, the property owner, choose to follow one of two alternative courses of action. One alternative is simply to have the structure demolished. Any demolition shall be in accordance with City Ordinances. The second alternative is to complete, have notarized and return the enclosed "Consent to Demolish" form. A photocopy of the property title must be attached to the form. The Consent to Demolish form should be returned to the City prior to the public hearing date. 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 Public Hearing Notification Letter Page 2 or 2 Please note, should this building be demolished at the City's expense, you as the property owner will be billed for the cost of demolition. Failure to reimburse the City will result in a lien being filed against the property. We have your voluntary consent form on file. It is not necessary for you to attend this public hearing. At the public hearing, the City's Chief Building Official will present a report and slide presentation to City Council for their use in assessing the condition of this structure. City Council will make the final determination whether the structure may be repaired or condemned and demolished. Please note, submitting repair plans does not stop the public hearing proceedings. Respectfully, City of La Porte YJtN~ By: Martha Gillett, TRMC, CMC City Secretary Attachments Xc: Mayor and City Council Wayne Sabo, Director of Planning Mike Boaze, Fire Chief Clif Meekins, Fire Marshal Board of Inspection File Copy via regular mail S:\City Planning Share\INSPECTION DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\D B NotifLtr to Owner. doc Rev. January 2003 City of La Porte Established 1892 June 26, 2007 Robert L. Pflrman 17926 Bamwood Dr. Houston, TX 77090-1857 Certified Return Receipt Mail # 70050390000481746798 RE: Structure(s) at: Legal Description: 210 Pine Bluff St. Blk 7, Lts 31-33, Pine Bluff Dear Sir: Staffhas inspected the building(s) located at the above-described property. Our review found them to be substandard and candidates for possible condemnation as a dangerous building(s) under Article VIII; Section 82-473 of the City's Code of Ordinances. As required by the Code of Ordinances, a copy of the Board's report, as filed by the Board with the City Council of the City of La Porte, is attached to this letter and is a part of this notice. As the owner or interested party ofthe property you are required, in accordance with Section #82-476, to appear before the City Council at a public hearing to be held at the City of La Porte City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas at 6:00 p.m., on the 23th day of July, 2007, and as the same mayfrom time to time be adjourned, to appear and show cause why the structure(s) should not be declared a nuisance, condemned and ordered repaired or tom down, as more fully set forth in such notice attached hereto. This public hearing process need not be carried out if you, the property owner, choose to follow one of two alternative courses of action. One alternative is simply to have the structure demolished. Any demolition shall be in accordance with City Ordinances. The second alternative is to complete, have notarized and return the enclosed "Consent to Demolish" form. A photocopy of the property title must be attached to the form. The Consent to Demolish form should be returned to the City prior to the public hearing date. 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 Please note, should this building be demolished at the City's expense, you as the property owner will be billed for the cost of demolition. Failure to reimburse the City will result in a lien being filed against the property. We have your voluntary consent form on file. It is not necessary for you to attend this public hearing. At the public hearing, the City's Chief Building Official will present a report and slide presentation to City Council for their use in assessing the condition of this structure. City Council will make the final determination whether the structure may be repaired or condemned and demolished. Please note, submitting repair plans does not stop the public hearing proceedings. Respectfully, City of La Porte ~~ By: ~ Gillett, TRMC, CMC City Secretary Attachments Xc: Mayor and City Council Wayne Sabo, Director of Planning Mike Boaze, Fire Chief Clif Meekins, Fire Marshal Board of Inspection File Copy via regular mail S:\City Planning Share\INSPECTION DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\D B NotifLtr to Owner.doc Rev. January 2003 City of La Porte Established 1892 June 26, 2007 Robert L. Pfmnan 8045 Antoine #383 Houston, TX 77088 Certified Return Receipt Mail # 70050390000481746804 RE: Structure(s) at: Legal Description: 210 Pine Bluff St. Blk 7, Lt 31-33, Pine Bluff Dear Sir: Staff has inspected the building(s) located at the above-described property. Our review found them to be substandard and candidates for possible condemnation as a dangerous building(s) under Article VIII; Section 82-473 of the City's Code of Ordinances. e_ As required by the Code of Ordinances, a copy of the Board's report, as filed by the Board with the City Council of the City of La Porte, is attached to this letter and is a part of this notice. As the owner or interested party of the property you are required, in accordance with Section #82-476, to appear before the City Council at a public hearing to be held at the City of La Porte City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas at 6:00 p.m., on the 23th day of July, 2007, and as the same may from time to time be adjourned, to appear and show cause why the structure(s) should not be declared a nuisance, condemned and ordered repaired or tom down, as more fully set forth in such notice attached hereto. This public hearing process need not be carried out if you, the property owner, choose to follow one of two alternative courses of action. One alternative is simply to have the structure demolished. Any demolition shall be in accordance with City Ordinances. The second alternative is to complete, have notarized and return the enclosed "Consent to Demolish" form. A photocopy of the property title must be attached to the form. The Consent to Demolish form should be returned to the City prior to the public hearing date. 604 W Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 Please note, should this building be demolished at the City's expense, you as the property owner will be billed for the cost of demolition. Failure to reimburse the City will result in a lien being filed against the property. We have your voluntary consent form on file. It is not necessary for you to attend this public hearing. At the public hearing, the City's Chief Building Official will present a report and slide presentation to City Council for their use in assessing the condition of this structure. City Council will make the final determination whether the structure may be repaired or condemned and demolished. Please note, submitting repair plans does not stop the public hearing proceedings. Respectfully, City of La Porte _. ~dI/4~/;t( By: Martha Gillett, TRMC, CMC City Secretary Attachments Xc: Mayor and City Council Wayne Sabo, Director of Planning Mike Boaze, Fire Chief Clif Meekins, Fire Marshal Board of Inspection File Copy via regular mail S:\City Planning Share\INSPECTION DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\D B NotifLtr to OwneLdoc Rev. January 2003 City of La Porte Established 1892 June 26, 2007 Melissa Stallman Todd Stevenson 2555 Repsdorph #414 Seabrook, TX 77586 Certified Return Receipt Mail # 7005 0390 0004 8168 9804 RE: Structure(s) at: Legal Description: 210 Pine Bluff St. Blk 7, Lts 31-33, Pine Bluff Dear Melissa & Todd: Staffhas inspected the building(s) located at the above-described property. Our review found them to be substandard and candidates for possible condemnation as a dangerous bui1ding( s) under Article VIII; Section 82-473 of the City's Code of Ordinances. As required by the Code of Ordinances, a copy of the Board's report, as filed by the Board with the City Council of the City of La Porte, is attached to this letter and is a part of this notice. As the owner or interested party of the property you are required, in accordance with Section #82-476, to appear before the City Council at a public hearing to be held at the City of La Porte City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas at 6:00 p.m., on the 23th day of July, 2007, and as the same may from time to time be adjourned, to appear and show cause why the structure(s) should not be declared a nuisance, condemned and ordered repaired or tom down, as more fully set forth in such notice attached hereto. This public hearing process need not be carried out if you, the property owner, choose to follow one of two alternative courses of action. One alternative is simply to have the structure demolished. Any demolition shall be in accordance with City Ordinances. The second alternative is to complete, have notarized and return the enclosed "Consent to Demolish" form. A photocopy of the property title must be attached to the form. The Consent to Demolish form should be returned to the City prior to the public hearing date. 604 W. Fairmont Pkwy. · La Porte, Texas 77571 . (281) 471-5020 Please note, should this building be demolished at the City's expense, you as the property owner will be billed for the cost of demolition. Failure to reimburse the City will result in a lien being filed against the property. We have your voluntary consent form on file. It is not necessary for you to attend this public hearing. At the public hearing, the City's Chief Building Official will present a report and slide presentation to City Council for their use in assessing the condition of this structure. City Council will make the final determination whether the structure may be repaired or condemned and demolished. Please note, submitting repair plans does not stop the public hearing proceedings. Respectfull y, City of La Porte ( '-1f!$:da-#~ By: Martha Gillett, TRMC, CMC City Secretary Attachments Xc: Mayor and City Council Wayne Sabo, Director of Planning Mike Boaze, Fire Chief Clif Meekins, Fire Marshal Board of Inspection File Copy via regular mail S:\City Planning Share\INSPECTlON DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\D B NotifLtr to Owner. doc Rev. January 2003 City of La Porte Established 1892 June 26, 2007 F. G. Withrow 4202 Rosemary Ln Houston TX 77093-2944 Certified Return Receipt Mail # 70050390000481746811 RE: Structure(s) at: Legal Description: 203 Bayshore Dr. Elk 7, Lt 8, Pine Bluff Dear Sir: Staff has inspected the building(s) located at the above-described property. Our review found them to be substandard and candidates for possible condemnation as a dangerous building(s) under Article VIII; Section 82-473 ofthe City's Code of Ordinances. As required by the Code of Ordinances, a copy of the Board's report, as filed by the Board with the City Council of the City of La Porte, is attached to this letter and is a part of this notice. As the owner or interested party of the property you are required, in accordance with Section #82-476, to appear before the City Council at a public hearing to be held at the City of La Porte City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas at 6:00 p.m., on the 23th day of July, 2007, and as the same may from time to time be adjourned, to appear and show cause why the structure(s) should not be declared a nuisance, condemned and ordered repaired or tom down, as more fully set forth in such notice attached hereto. This public hearing process need not be carried out if you, the property owner, choose to follow one of two alternative courses of action. One alternative is simply to have the structure demolished. Any demolition shall be in accordance with City Ordinances. The second alternative is to complete, have notarized and return the enclosed "Consent to Demolish" form. A photocopy of the property title must be attached to the form. The Consent to Demolish form should be returned to the City prior to the public hearing date. 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 Please note, should this building be demolished at the City's expense, you as the property owner will be billed for the cost of demolition. Failure to reimburse the City will result in a lien being filed against the property. We have your voluntary consent form on file. It is not necessary for you to attend this public hearing. At the public hearing, the City's Chief Building Official will present a report and slide presentation to City Council for their use in assessing the condition of this structure. City Council will make the final determination whether the structure may be repaired or condemned and demolished. Please note, submitting repair plans does not stop the public hearing proceedings. Respectfully, City of La Porte ~~pf/~ By: Martha Gillett, TRMC, CMC City Secretary Attachments Xc: Mayor and City Council Wayne Sabo, Director of Planning Mike Boaze, Fire Chief Clif Meekins, Fire Marshal Board of Inspection File Copy via regular mail S:\City Planning Share\INSPECTION DIVISION\ALL OTHER STUFFICode EnforcementlDang BuildingslD B NotifLtr to Owner. doc Rev. January 2003 City of La Porte Established 1892 June 26, 2007 Patricia Ann Withrow Martin 343 Fitzgerald Ln. Jamestown, TN 38556 Certified Return Receipt Mail # 7005 03900004 81746828 RE: Structure(s) at: Legal Description: 203 Bayshore Dr. Elk 7, Lt 8, Pine Bluff Dear Ms Martin: Staff has inspected the building(s) located at the above-described property. Our review found them to be substandard and candidates for possible condemnation as a dangerous building(s) under Article VIII; Section 82-473 ofthe City's Code of Ordinances. As required by the Code of Ordinances, a copy of the Board's report, as filed by the Board with the City Council of the City of La Porte, is attached to this letter and is a part of this notice. As the owner or interested party of the property you are required, in accordance with Section #82-476, to appear before the City Council at a public hearing to be held at the City of La Porte City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas at 6:00 p.m., on the 23th day of July, 2007, and as the same may from time to time be adjourned, to appear and show cause why the structure(s) should not be declared a nuisance, condemned and ordered repaired or torn down, as more fully set forth in such notice attached hereto. This public hearing process need not be carried out if you, the property owner, choose to follow one of two alternative courses of action. One alternative is simply to have the structure demolished. Any demolition shall be in accordance with City Ordinances. The second alternative is to complete, have notarized and return the enclosed "'Consent to Demolish" form. A photocopy of the property title must be attached to the form. The Consent to Demolish form should be returned to the City prior to the public hearing date. 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 Public Hearing Notification Letter Page 2 or 2 Please note, should this building be demolished at the City's expense, you as the property owner will be billed for the cost of demolition. Failure to reimburse the City will result in a lien being filed against the property. We have your voluntary consent form on file. It is not necessary for you to attend this public hearing. At the public hearing, the City's Chief Building Official will present a report and slide presentation to City Council for their use in assessing the condition of this structure. City Council will make the final determination whether the structure may be repaired or condemned and demolished. Please note, submitting repair plans does not stop the public hearing proceedings. Respectfully, City of La Porte '-/J1tlUk ~Aid By: Martha Gillett, TRMC, CMC City Secretary Attachments Xc: Mayor and City Council Wayne Sabo, Director of Planning Mike Boaze, Fire Chief Clif Meekins, Fire Marshal Board of Inspection File Copy via regular mail S:ICity Planning SharellNSPECTION DIVISION\ALL OTHER STUFFICode Enforcement\Dang Buildings\D B NotifLtr to Owner. doc Rev. January 2003 City of La Porte Established 1892 June 26, 2007 Jose Martinez 11222 North H St. La Porte, TX 77571 Certified Return Receipt Mail # 7005 0390000481746835 RE: Structure(s) at: Legal Description: 1025 San Jacinto Blk 305, Lts 10-15, LaPorte Dear Sir: Staff has inspected the building(s) located at the above-described property. Our review found them to be substandard and candidates for possible condemnation as a dangerous building(s) under Article VIII; Section 82-473 of the City's Code of Ordinances. As required by the Code of Ordinances, a copy ofthe Board's report, as filed by the Board with the City Council of the City of La Porte, is attached to this letter and is a part of this notice. As the owner or interested party of the property you are required, in accordance with Section #82-476, to appear before the City Council at a public hearing to be held at the City of La Porte City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas at 6:00 p.m., on the 23th day of July, 2007, and as the same may from time to time be adjourned, to appear and show cause why the structure(s) should not be declared a nuisance, condemned and ordered repaired or tom down, as more fully set forth in such notice attached hereto. This public hearing process need not be carried out if you, the property owner, choose to follow one of two alternative courses of action. One alternative is simply to have the. structure demolished. Any demolition shall be in accordance with City Ordinances. The second alternative is to complete, have notarized and return the enclosed "Consent to Demolish" form. A photocopy of the property title must be attached to the form. The Consent to Demolish form should be returned to the City prior to the public hearing date. 604 W Fairrnont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 Public Hearing Notification Letter Page 2 or 2 Please note, should this building be demolished at the City's expense, you as the property owner will be billed for the cost of demolition. Failure to reimburse the City will result in a lien being filed against the property. We have your voluntary consent form on file. It is not necessary for you to attend this public hearing. At the public hearing, the City's Chief Building Official will present a report and slide presentation to City Council for their use in assessing the condition of this structure. City Council will make the final determination whether the structure may be repaired or condemned and demolished. Please note, submitting repair plans does not stop the public hearing proceedings. Respectfully, City of La Porte <fi!tUd~ r4~d By: Martha Gillett, TRMC, CMC City Secretary Attachments Xc: Mayor and City Council Wayne Sabo, Director of Planning Mike Boaze, Fire Chief Clif Meekins, Fire Marshal Board of Inspection File Copy via regular mail S:\City Planning Share\INSPECTION DIVISION\ALL OTHER STUFF\Code EnforcementlDang Buildings\D B NotifLtr to Owner. doc Rev. January 2003 City of La Porte Established 1892 June 26, 2007 Leonard Zlomke 202 S. Blackwell St. La Porte, TX 77571-5705 Certified Return Receipt Mail # 7005 0390 0004 8174 6842 RE: Structure(s) at: Legal Description: 202 S. Blackwell St. Blk 75, Lts 38-40, & Tr 37, Bayfront Dear Sir: Staff has inspected the building(s) located at the above-described property. Our review found them to be substandard and candidates for possible condemnation as a dangerous building(s) under Article VIII; Section 82-473 of the City's Code of Ordinances. As required by the Code of Ordinances, a copy of the Board's report, as filed by the Board with the City Council of the City of La Porte, is attached to this letter and is a part of this notice. As the owner or interested party of the property you are required, in accordance with Section #82-476, to appear before the City Council at a public hearing to be held at the City of La Porte City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas at 6:00 p.m., on the 23th day of July, 2007, and as the same may from time to time be adjourned, to appear and show cause why the structure(s) should not be declared a nuisance, condemned and ordered repaired or tom down, as more fully set forth in such notice attached hereto. This public hearing process need not be carried out if you, the property owner, choose to follow one of two alternative courses of action. One alternative is simply to have the structure demolished. Any demolition shall be in accordance with City Ordinances. The second alternative is to complete, have notarized and return the enclosed "'Consent to Demolish" form. A photocopy of the property title must be attached to the form. The Consent to Demolish form should be returned to the City prior to the public hearing date. 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 .' Please note, should this building be demolished at the City's expense, you as the property owner will be billed for the cost of demolition. Failure to reimburse the City will result in a lien being filed against the property. We have your voluntary consent form on file. It is not necessary for you to attend this public hearing. At the public hearing, the City's Chief Building Official will present a report and slide presentation to City Council for their use in assessing the condition of this structure. City Council will make the final determination whether the structure may be repaired or condemned and demolished. Please note, submitting repair plans does not stop the public hearing proceedings. Respectfully, City of La Porte vflfdlt/~~ By: Martha Gillett, TRMC, CMC City Secretary Attachments Xc: Mayor and City Council Wayne Sabo, Director of Planning Mike Boaze, Fire Chief Clif Meekins, Fire Marshal Board of Inspection File Copy via regular mail S:\City Planning Share\INSPECTION DlVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\D B NotifLtr to Owner. doc Rev. January 2003 City of La Porte Established 1892 June 26, 2007 Leonard Zlomke 209 S. Lobit La Porte, TX 77571-5705 Certified Return Receipt Mail # 7005 0390000481746859 RE: Structure(s) at: Legal Description: 202 S. Blackwell St. Blk 75, Lt 38-40, & TR 37, Bayfront Dear Sir: Staffhas inspected the building(s) located at the above-described property. Our review found them to be substandard and candidates for possible condemnation as a dangerous building(s) under Article VIII; Section 82-473 ofthe City's Code of Ordinances. As required by the Code of Ordinances, a copy of the Board's report, as filed by the Board with the City Council of the City of La Porte, is attached to this letter and is a part of this notice. As the owner or interested party of the property you are required, in accordance with Section #82-476, to appear before the City Council at a public hearing to be held at the City of La Porte City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas at 6:00 p.m., on the 23th day of July, 2007, and as the same may from time to time be adjourned, to appear and show cause why the structure(s) should not be declared a nuisance, condemned and ordered repaired or tom down, as more fully set forth in such notice attached hereto. This public hearing process need not be carried out if you, the property owner, choose to follow one of two alternative courses of action. One alternative is simply to have the structure demolished. Any demolition shall be in accordance with City Ordinances. The second alternative is to complete, have notarized and return the enclosed "Consent to Demolish" form. A photocopy of the property title must be attached to the form. The Consent to Demolish form should be returned to the City prior to the public hearing date. 604 W. Fairrnont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 Public Hearing Notification Letter Page 2 or 2 Please note, should this building be demolished at the City's expense, you as the property owner will be billed for the cost of demolition. Failure to reimburse the City will result in a lien being filed against the property. We have your voluntary consent form on file. It is not necessary for you to attend this public hearing. At the public hearing, the City's Chief Building Official will present a report and slide presentation to City Council for their use in assessing the condition of this structure. City Council will make the final determination whether the structure may be repaired or condemned and demolished. Please note, submitting repair plans does not stop the public hearing proceedings. Respectfully, City of La Porte vff!ttUltvAad By: Martha Gillett, TRMC, CMC City Secretary Attachments Xc: Mayor and City Council Wayne Sabo, Director of Planning Mike Boaze, Fire Chief Clif Meekins, Fire Marshal Board of Inspection File Copy via regular mail S:\City Planning Share\INSPECTION DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\D B NotifLtr to Owner. doc Rev. January 2003 City of La Porte Established 1892 June 26, 2007 Kenneth Crumpler 3030 County Rd. Rosharon, TX 77583-6110 Certified Return Receipt Mail # 7005 039000048171 1536 RE: Structure(s) at: Legal Description: 531 S. 5th St. Blk 113, Us 13-16, La Porte Dear Sir: Staffhas inspected the building(s) located at the above-described property. Our review found them to be substandard and candidates for possible condemnation as a dangerous building(s) under Article VIII; Section 82-473 of the City's Code of Ordinances. As required by the Cocj.e of Ordinances, a copy ofthe Board's report, as filed by the Board with the City Council of the City of La Porte, is attached to this letter and is a part of this notice. As the owner or interested party of the property you are required, in accordance with Section #82-476, to appear before the City Council at a public hearing to be held at the City of La Porte City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas at 6:00 p.m., on the 23th day of July, 2007, and as the same may from time to time be adjourned, to appear and show cause why the structure(s) should not be declared a nuisance, condemned and ordered repaired or tom down, as more fully set forth in such notice attached hereto. This public hearing process need not be carried out if you, the property owner, choose to follow one of two alternative courses of action. One alternative is simply to have the structure demolished. Any demolition shall be in accordance with City Ordinances. The second alternative is to complete, have notarized and return the enclosed ."Consent to Demolish" form. A photocopy of the property title must be attached to the form. The Consent to Demolish form should be returned to the City prior to the public hearing date. 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 Public Hearing Notification Letter Page 2 or 2 Please note, should this building be demolished at the City's expense, you as the property owner will be billed for the cost of demolition. Failure to reimburse the City will result in a lien being filed against the property. We have your voluntary consent form on file. It is not necessary for you to attend this public hearing. At the public hearing, the City's Chief Building Official will present a report and slide presentation to City Council for their use in assessing the condition of this structure. City Council will make the final determination whether the structure may be repaired or condemned and demolished. Please note, submitting repair plans does not stop the public hearing proceedings. Respectfully, City of La Porte cpf~#d By: Martha Gillett, TRMC, CMC City Secretary Attachments Xc: Mayor and City Council Wayne Sabo, Director of Planning Mike Boaze, Fire Chief Clif Meekins, Fire Marshal Board ofInspection File Copy via regular mail S:\City Planning Share\INSPECTION DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\D B NotifLtr to Owner. doc Rev. January 2003 City of La Porte Established 1892 June 26, 2007 Kenneth Crumpler % Kathleen Crumpler 930 Robinson Rd. La Porte, TX 77571 Certified Return Receipt Mail # 7005039000048171 1543 RE: Structure(s) at: Legal Description: 531 S. 5th St. Blk 113, Lts 13-16, La Porte Dear Ms Crumpler: Staffhas inspected the building(s) located at the above-described property. Our review found them to be substandard and candidates for possible condemnation as a dangerous building(s) under Article VIII; Section 82-473 ofthe City's Code of Ordinances. As required by the Code of Ordinances, a copy of the Board's report, as filed by the Board with the City Council of the City of La Porte, is attached to this letter and is a part of this notice. As the owner or interested party of the property you are required, in accordance with Section #82-476, to appear before the City Council at a public hearing to be held at the City of La Porte City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas at 6:00 p.m., on the 23th day of July, 2007, and as the same may from time to time be adjourned, to appear and show cause why the structure(s) should not be declared a nuisance, condemned and ordered repaired or tom down, as more fully set forth in such notice attached hereto. This public hearing process need not be carried out if you, the property owner, choose to follow one of two alternative courses of action. One alternative is simply to have the structure demolished. Any demolition shall be in accordance with City Ordinances. The second alternative is to complete, have notarized and return the enclosed "Consent to Demolish" form. A photocopy of the property title must be attached to the form. The Consent to Demolish form should be returned to the City prior to the public hearing date. 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 Please note, should this building be demolished at the City's expense, you as the property owner will be billed for the cost of demolition. Failure to reimburse the City will result in a lien being filed against the property. We have your voluntary consent form on file. It is not necessary for you to attend this public hearing. At the public hearing, the City's Chief Building Official will present a report and slide presentation to City Council for their use in assessing the condition of this structure. City Council will make the final determination whether the structure may be repaired or condemned and demolished. Please note, submitting repair plans does not stop the public hearing proceedings. Respectfully, City of La Porte vtJ1tlffk~d By: Martha Gillett, TRMC, CMC City Secretary Attachments Xc: Mayor and City Council Wayne Sabo, Director of Planning Mike Boaze, Fire Chief Clif Meekins, Fire Marshal Board of Inspection File Copy via regular mail S:\City Planning Share\INSPECTION DlVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\D B NotifLtr to Owner. doc Rev. January 2003 City of La Porte Established 1892 June 26, 2007 Peter Kuchinke 118 Oakdale St. La Porte, TX 77571-7345 Certified Return Receipt Mail # 7005 039000048171 1550 RE: Structure(s) at: Legal Description: 419 S. 8th St. Blk 5, Us 9-10, La Porte Dear Sir: Staff has inspected the building(s) located at the above-described property. Our review found them to be substandard and candidates for possible condemnation as a dangerous building( s) under Article VIII; Section 82-473 of the City's Code of Ordinances. As required by the Code of Ordinances, a copy of the Board's report, as filed by the Board with the City Council of the City of La Porte, is attached to this letter and is a part of this notice. As the owner or interested party of the property you are required, in accordance with Section #82-476, to appear before the City Council at a public hearing to be held at the City of La Porte City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas at 6:00 p.m., on the 23th day of July, 2007, and as the same may from time to time be adjourned, to appear and show cause why the structure(s) should not be declared a nuisance, condemned and ordered repaired or torn down, as more fully set forth in such notice attached hereto. This public hearing process need not be carried out if you, the property owner, choose to follow one of two alternative courses of action. One alternative is simply to have the structure demolished. Any demolition shall be in accordance with City Ordinances. The second alternative is to complete, have notarized and return the enclosed "Consent to Demolish" form. A photocopy of the property title must be attached to the form. The Consent to Demolish form should be returned to the City prior to the public hearing date. 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 Please note, should this building be demolished at the City's expense, you as the property owner will be billed for the cost of demolition. Failure to reimburse the City will result in a lien being filed against the property. We have your voluntary consent form on file. It is not necessary for you to attend this public hearing. At the public hearing, the City's Chief Building Official will present a report and slide presentation to City Council for their use in assessing the condition of this structure. City Council will make the final determination whether the structure may be repaired or condemned and demolished. Please note, submitting repair plans does not stop the public hearing proceedings. Respectfully, City of La Porte '-1J(tltt/#Ml/ By: Martha Gillett, TRMC, CMC City Secretary Attachments Xc: Mayor and City Council Wayne Sabo, Director of Planning Mike Boaze, Fire Chief ClifMeekins, Fire Marshal Board of Inspection File Copy via regular mail S:\City Planning Share\INSPECTION DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\D B NotifLtr to Owner. doc Rev. January 2003 City of La Porte Established 1892 June 26, 2007 Peter J. Kuchinka 118 Oakdale St. Shoreacres, TX 77571 Certified Return Receipt Mail # 7005039000048171 1567 RE: Structure(s) at: Legal Description: 419 S. 8th St. Blk 5, Lts 9-10, La Porte Dear Sir: Staff has inspected the building(s) located at the above-described property. Our review found them to be substandard and candidates for possible condemnation as a dangerous building(s) under Article VIII; Section 82-473 of the City's Code of Ordinances. As required by the Code of Ordinances, a copy of the Board's report, as filed by the Board with the City Council of the City of La Porte, is attached to this letter and is a part of this notice. As the owner or interested party of the property you are required, in accordance with Section #82-476, to appear before the City Council at a public hearing to be held at the City of La Porte City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas at 6:00 p.m., on the 23th day of July, 2007, and as the same may from time to time be adjourned, to appear and show cause why the structure(s) should not be declared a nuisance, condemned and ordered repaired or tom down, as more fully set forth in such notice attached hereto. This public hearing process need not be carried out if you, the property owner, choose to follow one of two alternative courses of action. One alternative is simply to have the structure demolished. Any demolition shall be in accordance with City Ordinances. The second alternative is to complete, have notarized and return the enclosed "Consent to Demolish" form. A photocopy of the property title must be attached to the form. The Consent to Demolish form should be returned to the City prior to the public hearing date. 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 Please note, should this building be demolished at the City's expense, you as the property owner will be billed for the cost of demolition. Failure to reimburse the City will result in a lien being filed against the property. We have your voluntary consent form on file. It is not necessary for you to attend this public hearing. At the public hearing, the City's Chief Building Official will present a report and slide presentation to City Council for their use in assessing the condition of this structure. City Council will make the final determination whether the structure may be repaired or condemned and demolished. Please note, submitting repair plans does not stop the public hearing proceedings. Respectfully, City of La Porte ,..<.~ '-1J1Mu ~/2i By: Martha Gillett, TRMC, CMC City Secretary Attachments Xc: Mayor and City Council Wayne Sabo, Director of Planning Mike Boaze, Fire Chief Clif Meekins, Fire Marshal Board of Inspection File Copy via regular mail S:\City Planning Share\INSPECTION DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\D B NotifLtr to Owner. doc Rev. January 2003 - City of La Porte Established 1892 June 26,2007 Joe & Barbara Booker 1019 Pinewood Ln. Seabrook, TX 77586-4532 Certified Return Receipt Mail # 7005 039000048171 1574 RE: Structure(s) at: Legal Description: 618 N. 1 st St. Blk 327, Lt 7-8, La Porte Dear Joe & Barbara: Staffhas inspected the building(s) located at the above-described property. Our review found them to be substandard and candidates for possible condemnation as a dangerous building(s) under Article VIII; Section 82-473 of the City's Code of Ordinances. As required by the Code of Ordinances, a copy of the Board's report, as filed by the Board with the City Council of the City of La Porte, is attached to this letter and is a part of this notice. As the owner or interested party of the property you are required, in accordance with Section #82-476, to appear before the City Council at a public hearing to be held at the City of La Porte City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Tex~s at 6:00 p.m., on the 23th day of July, 2007, and as the same may from time to time be adjourned, to appear and show cause why the structure(s) should not be declared a nuisance, condemned and ordered repaired or tom down, as more fully set forth in such notice attached hereto. This public hearing process need not be carried out if you, the property owner, choose to follow one of two alternative courses of action. One alternative is simply to have the structure demolished. Any demolition shall be in accordance with City Ordinances. The second alternative is to complete, have notarized and return the enclosed "Consent to Demolish" form. A photocopy of the property title must be attached to the form. The Consent to Demolish form should be returned to the City prior to the public hearing date. 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 Please note, should this building be demolished at the City's expense, you as the property owner will be billed for the cost of demolition. Failure to reimburse the City will result in a lien being filed against the property. We have your voluntary consent form on file. It is not necessary for you to attend this public hearing. At the public hearing, the City's Chief Building Official will present a report and slide presentation to City Council for their use in assessing the condition of this structure. City Council will make the final determination whether the structure may be repaired or condemned and demolished. Please note, submitting repair plans does not stop the public hearing proceedings. Respectfully, City of La Porte ~~ By: Martha Gillett, TRMC, CMC City Secretary Attachments Xc: Mayor and City Council Wayne Sabo, Director of Planning Mike Boaze, Fire Chief Clif Meekins, Fire Marshal Board of Inspection File Copy via regular mail S:\City Planning Share\INSPECTlON DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\D B NotifLtr to Owner. doc Rev. January 2003 ,_. City of La Porte Established 1892 June 26, 2007 Joe & Barbara Booker 1019 Pinewood Ln. Seabrook, TX 77586-4532 Certified Return Receipt Mail # 7005039000048171 1581 RE: Structure(s) at: Legal Description: 622 N. 1st St. Blk 327, Lt 5-6, La Porte Dear Joe & Barbara: Staffhas inspected the building(s) located at the above-described property. Our review found them to be substandard and candidates for possible condemnation as a dangerous building(s) under Article VIII; Section 82-473 of the City's Code of Ordinances. As required by the Code of Ordinances, a copy of the Board's report, as filed by the Board with the City Council ofthe City of La Porte, is attached to this letter and is a part of this notice. As the owner or interested party of the property you are required, in accordance with Section #82-476, to appear before the City Council at a public hearing to be held at the City of La Porte City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas at 6:00 p.m., on the 23th day of July, 2007, and as the same may from time to time be adjourned, to appear and show cause why the structure(s) should not be declared a nuisance, condemned and ordered repaired or torn down, as more fully set forth in such notice attached hereto. This public hearing process need not be carried out if you, the property owner, choose to follow one of two alternative courses of action. One alternative is simply to have the structure demolished. Any demolition shall be in accordance with City Ordinances. The second alternative is to complete, have notarized and return the enclosed "Consent to Demolish" form. A photocopy of the property title must be attached to the form. The Consent to Demolish form should be returned to the City prior to the public hearing date. 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 Please note, should this building be demolished at the City's expense, you as the property owner will be billed for the cost of demolition. Failure to reimburse the City will result in a lien being filed against the property. We have your voluntary consent form on file. It is not necessary for you to attend this public hearing. At the public hearing, the City's Chief Building Official will present a report and slide presentation to City Council for their use in assessing the condition of this structure. City Council will make the final determination whether the structure may be repaired or condemned and demolished. Please note, submitting repair plans does not stop the public hearing proceedings. Respectfully, City of La Porte ~~~4 By: Martha Gillett, TRMC, CMC City Secretary Attachments Xc: Mayor and City Council Wayne Sabo, Director of Planning Mike Boaze, Fire Chief Clif Meekins, Fire Marshal Board of Inspection File Copy via regular mail S:\City Planning Share\INSPECTION DIVlSION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\D B NotifLtr to Owner. doc Rev. January 2003 City of La Porte Established 1892 June 26, 2007 Joe & Barbara Booker 1019 Pine wood Ln. Seabrook, TX 77586-4532 Certified Return Receipt Mail # 7005 039000048171 1598 RE: Structure(s) at: Legal Description: 517 N. 3rd St. Blk 105, Lt 25-26, La Porte Dear Joe & Barbara: Staff has inspected the building(s) located at the above-described property. Our review found them to be substandard and candidates for possible condemnation as a dangerous building(s) under Article VIII; Section 82-473 ofthe City's Code of Ordinances. As required by the Code of Ordinances, a copy of the Board's report, as filed by the Board with the City Council of the City of La Porte, is attached to this letter and is a part of this notice. As the owner or interested party of the property you are required, in accordance with Section #82-476, to appear before the City Council at a public hearing to be held at the City of La Porte City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas at 6:00 p.m., on the 23th day of July, 2007, and as the same may from time to time be adjourned, to appear and show cause why the structure(s) should not be declared a nuisance, condemned and ordered repaired or tom down, as more fully set forth in such notice attached hereto. This public hearing process need not be carried out if you, the property owner, choose to follow one of two alternative courses of action. One alternative is simply to have the structure demolished. Any demolition shall be in accordance with City Ordinances. The second alternative is to complete, have notarized and return the enclosed "Consent to Demolish" form. A photocopy of the property title must be attached to the fOrm. The Consent to Demolish form should be returned to the City prior to the public hearing date. 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 Please note, should this building be demolished at the City's expense, you as the property owner will be billed for the cost of demolition. Failure to reimburse the City will result in a lien being filed against the property. We have your voluntary consent form on file. It is not necessary for you to attend this public hearing. At the public hearing, the City's Chief Building Official will present a report and slide presentation to City Council for their use in assessing the condition of this structure. City Council will make the final determination whether the structure may be repaired or condemned and demolished. Please note, submitting repair plans does not stop the public hearing proceedings. Respectfully, City of La Porte v/f(tlUJ:-~ d~dJ By: Martha Gillett, TRMC, CMC City Secretary Attachments Xc: Mayor and City Council Wayne Sabo, Director of Planning Mike Boaze, Fire Chief Clif Meekins, Fire Marshal Board of Inspection File Copy via regular mail S:\City Planning Share\INSPECTION DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\D B NotifLtr to Owner. doc Rev. January 2003 City of La Porte Established 1892 June 26, 2007 Glenn W. Brown, Jr. 3413 Windfern Dr. Pearland, TX 77581-6466 Certified Return Receipt Mail # 7005039000048171 1604 RE: Structure(s) at: Legal Description: 10911 North L St. #22-A TR426B; W 1/2 ofE 112; La Porte Outlots Dear Sir: Staff has inspected the building(s) located at the above-described property. Our review found them to be substandard and candidates for possible condemnation as a dangerous building(s) under Article VIII; Section 82-473 of the City's Code of Ordinances. As required by the Code of Ordinances, a copy ofthe Board's report, as filed by the Board with the City Council ofthe City of La Porte, is attached to this letter and is a part of this notice. As the owner or interested party of the property you are required, in accordance with Section #82-476, to appear before the City Council at a public hearing to be held at the City of La Porte City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas at 6:00 p.m., on the 23th day of July, 2007, and as the same may from time to time be adjourned, to appear and show cause why the structure(s) should not be declared a nuisance, condemned and ordered repaired or tom down, as more fully set forth in such notice attached hereto. This public hearing process need not be carried out if you, the property owner, choose to follow one of two alternative courses of action. One alternative is simply to have the structure demolished. Any demolition shall be in accordance with City Ordinances. The second alternative is to complete, have notarized and return the. enclosed "Consent to Demolish" form. A photocopy of the property title must be attached to the form. The Consent to Demolish form should be returned to the City prior to the public hearing date. 604 W Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 Please note, should this building be demolished at the City's expense, you as the property owner will be billed for the cost of demolition. Failure to reimburse the City will result in a lien being filed against the property. We have your voluntary consent form on file. It is not necessary for you to attend this public hearing. At the public hearing, the City's Chief Building Official will present a report and slide presentation to City Council for their use in assessing the condition of this structure. City Council will make the final determination whether the structure may be repaired or condemned and demolished. Please note, submitting repair plans does not stop the public hearing proceedings. Respectfully, City of La Porte ~ttUilV~ By: Martha Gillett, TRMC, CMC City Secretary Attachments Xc: Mayor and City Council Wayne Sabo, Director of Planning Mike Boaze, Fire Chief Clif Meekins, Fire Marshal Board of Inspection File Copy via regular mail S:\City Planning Share\INSPECTION DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\D B Notif Ltr to Owner. doc Rev. January 2003 City of La Porte Established 1892 June 26, 2007 Glenn W. Brown, Jr. P. O. Box 5309 Pasadena, TX 77508-5309 Certified Return Receipt Mail # 7005039000048171 1611 RE: Structure(s) at: Legal Description: 10911 North L St. #22-A TR426B; W 1/2 ofE 1/2; La Porte Outlots Dear Sir: Staff has inspected the building(s) located at the above-described property. Our review found them to be substandard and candidates for possible condemnation as a dangerous building(s) under Article VIII; Section 82-473 of the City's Code of Ordinances. As required by the Code of Ordinances, a copy of the Board's report, as filed by the Board with the City Council of the City of La Porte, is attached to this letter and is a part of this notice. As the owner or interested party of the property you are required, in accordance with Section #82-476, to appear before the City Council at a public hearing to be held at the City of La Porte City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas at 6:00 p.m., on the 23th day of July, 2007, and as the same may from time to time be adjourned, to appear and show cause why the structure(s) should not be declared a nuisance, condemned and ordered repaired or tom down, as more fully set forth in such notice attached hereto. This public hearing process need not be carried out if you, the property owner, choose to follow one of two alternative courses of action. One alternative is simply to have the structure demolished. Any demolition shall be in accordance with City Ordinances. The second alternative is to complete, have notarized and return the enclosed "Consent to Demolish" form. A photocopy of the property title must be attached to the form. The Consent to Demolish form should be returned to the City prior to. the public hearing date. 604 W. Fairmont Pkwy. · La Porte,Texas 77571 · (281)471-5020 Please note, should this building be demolished at the City's expense, you as the property owner will be billed for the cost of demolition. Failure to reimburse the City will result in a lien being filed against the property. We have your voluntary consent form on file. It is not necessary for you to attend this public hearing. At the public hearing, the City's Chief Building Official will present a report and slide presentation to City Council for their use in assessing the condition of this structure. City Council will make the final determination whether the structure may be repaired or condemned and demolished. Please note, submitting repair plans does not stop the public hearing proceedings. Respectfull y, City of La Porte /J;~.@L/ By: Martha Gillett, TRMC, CMC City Secretary Attachments Xc: Mayor and City Council Wayne Sabo, Director of Planning Mike Boaze, Fire Chief Clif Meekins, Fire Marshal Board of Inspection File Copy via regular mail S:\City Planning Share\INSPECTION DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\D B NotifLtr to Owner. doc Rev. January 2003 City of La Porte Established 1892 June 26, 2007 Glenn W. Brown, Jr. 3413 Windfern Dr. Pearl and, TX 77581-6466 Certified Return Receipt Mail # 70050390000481689750 RE: Structure(s) at: Legal Description: 10911 North L St. #22-B TR426B; W 1/2 ofE 1/2; La Porte Outlots Dear Sir: Staffhas inspected the building(s) located at the above-described property. Our review found them to be substandard and candidates for possible condemnation as a dangerous building(s) under Article VIII; Section 82-473 ofthe City's Code of Ordinances. As required by the Code of Ordinances, a copy of the Board's report, as filed by the Board with the City Council of the City of La Porte, is attached to this letter and is a part of this notice. As the owner or interested party of the property you are required, in accordance with Section #82-476, to appear before the City Council at a public hearing to be held at the City of La Porte City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas at 6:00 p.m., on the 23th day of July, 2007, and as the same may from time to time be adjourned, to appear and show cause why the structure(s) should not be declared a nuisance, condemned and ordered repaired or tom down, as more fully set forth in such notice attached hereto. This public hearing process need not be carried out if you, the property owner, choose to follow one of two alternative courses of action. One alternative is simply to have the structure demolished. Any demolition shall be in accordance with City Ordinances. The second alternative is to complete, have notarized and return the enclosed "Consent to Demolish" form. A photocopy of the property title must be attached to the form. The Consent to Demolish form should be returned to the City prior to the public hearing date. 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 Please note, should this building be demolished at the City's expense, you as the property owner will be billed for the cost of demolition. Failure to reimburse the City will result in a lien being filed against the property. We have your voluntary consent form on file. It is not necessary for you to attend this public hearing. At the public hearing, the City's Chief Building Official will present a report and slide presentation to City Council for their use in assessing the condition of this structure. City Council will make the final determination whether the structure may be repaired or condemned and demolished. Please note, submitting repair plans does not stop the public hearing proceedings. Respectfully, City of La Porte cfYIdlJlu.,rdf-lLl By: Marth Gillett, TRMC, CMC City Secretary Attachments Xc: Mayor and City Council Wayne Sabo, Director of Planning Mike Boaze, Fire Chief Clif Meekins, Fire Marshal Board of Inspection File Copy via regular mail S:\City Planning Share\INSPECTION DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\D B NotifLtr to Owner. doc Rev. January 2003 City of La Porte Established 1892 June 26, 2007 Glenn W. Brown, Jr. P. O. Box 5309 Pasadena, TX 77508-5309 Certified Return Receipt Mail # 7005039000048171 1628 RE: Structure(s) at: Legal Description: 10911 North L S1. #22-B TR426B; W 1/2 ofE 1/2; La Porte Outlots Dear Sir: Staff has inspected the building(s) located at the above-described property. Our review found them to be substandard and candidates for possible condemnation as a dangerous building(s) under Article VIII; Section 82-473 of the City's Code of Ordinances. - As required by the Code of Ordinances, a copy of the Board's report, as filed by the Board with the City Council of the City of La Porte, is attached to this letter and is a part of this notice. As the owner or interested party of the property you are required, in accordance with Section #82-476, to appear before the City Council at a public hearing to be held at the City of La Porte City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas at 6:00 p.m., on the 23th day of July, 2007, and as the same may from time to time be adjourned, to appear and show cause why the structure(s) should not be declared a nuisance, condemned and ordered repaired or tom down, as more fully set forth in such notice attached hereto. This public hearing process need not be carried out if you, the property owner, choose to follow one of two alternative courses of action. One alternative is simply to have the structure demolished. Any demolition shall be in accordance with City Ordinances. The second alternative is to complete, have notarized and return the enclosed "Consent to Demolish" form. A photocopy of the property title must be attached to the form. The Consent to Demolish form should be returned to the City prior to the public hearing date. 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 Please note, should this building be demolished at the City's expense, you as the property owner will be billed for the cost of demolition. Failure to reimburse the City will result in a lien being filed against the property. We have your voluntary consent form on file. It is not necessary for you to attend this public hearing. At the public hearing, the City's Chief Building Official will present a report and slide presentation to City Council for their use in assessing the condition of this structure. City Council will make the final determination whether the structure may be repaired or condemned and demolished. Please note, submitting repair plans does not stop the public hearing proceedings. Respectfully, City of La Porte ':11(kJ;i~ dAbl By: Martha Gillett, TRMC, CMC City Secretary Attachments Xc: Mayor and City Council Wayne Sabo, Director of Planning Mike Boaze, Fire Chief ClifMeekins, Fire Marshal Board of Inspection File Copy via regular mail S:\City Planning Share\INSPECTION DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\D B NotifLtr to Owner. doc Rev. January 2003 City of La Porte Established 1892 June 26, 2007 Glenn W. Brown, Jr. 3413 Windfern Dr. Pearland, TX 77581-6466 Certified Return Receipt Mail # 70050390000481689767 RE: Structure(s) at: Legal Description: 1 0911 North L S1. #22-C TR426B; W 1/2 ofE 1/2; La Porte Outlots Dear Sir: Staff has inspected the bui1ding(s) located at the above-described property. Our review found them to be substandard and candidates for possible condemnation as a dangerous building(s) under Article VIII; Section 82-473 ofthe City's Code of Ordinances. As required by the Code of Ordinances, a copy of the Board's report, as filed by the Board with the City Council of the City of La Porte, is attached to this letter and is a part of this notice. As the owner or interested party of the property you are required, in accordance with Section #82-476, to appear before the City Council at a public hearing to be held at the City of La Porte City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas at 6:00 p.m., on the 23th day of July, 2007, and as the same may from time to time be adjourned, to appear and show cause why the structure( s) should not be declared a nuisance, condemned and ordered repaired or torn down, as more fully set forth in such notice attached hereto. This public hearing process need not be carried out if you, the property owner, choose to follow one of two alternative courses of action. One alternative is simply to have the structure demolished. Any demolition shall be in accordance with City Ordinances. The second alternative is to complete, have notarized and return the enclosed "Consent to Demolish" form. A photocopy of the property title must be attached to the form. The Consent to Demolish form should be returned to the City prior to the public hearing date. 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 Please note, should this building be demolished at the City's expense, you as the property owner will be billed for the cost of demolition. Failure to reimburse the City will result in a lien being filed against the property. We have your voluntary consent form on file. It is not necessary for you to attend this public hearing. At the public hearing, the City's Chief Building Official will present a report and slide presentation to City Council for their use in assessing the condition of this structure. City Council will make the final determination whether the structure may be repaired or condemned and demolished. Please note, submitting repair plans does not stop the public hearing proceedings. Respectfully, City of La Porte ~~~ By: Martha Gi lett, TRMC, CMC City Secretary Attachments Xc: Mayor and City Council Wayne Sabo, Director of Planning Mike Boaze, Fire Chief Clif Meekins, Fire Marshal Board of Inspection File Copy via regular mail S:\City Planning Share\INSPECTION DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\D B NotifLtr to Owner. doc Rev. January 2003 City of La Porte Established 1892 June 26, 2007 Glenn W. Brown, Jr. P. O. Box 5309 Pasadena, TX 77508-5309 Certified Return Receipt Mail # 7005 0390 0004 8168 9774 RE: Structure(s) at: Legal Description: 10911 North L St. #22-C TR426B; W 1/2 ofE 1/2; La Porte Outlots Dear Sir: Staff has inspected the building(s) located at the above-described property. Our review found them to be substandard and candidates for possible condemnation as a dangerous building(s) under Article VIII; Section 82-473 of the City's Code of Ordinances. As required by the Code of Ordinances, a copy of the Board's report, as filed by the Board with the City Council of the City of La Porte, is attached to this letter and is a part of this notice. As the owner or interested party of the property you are required, in accordance with Section #82-476, to appear before the City Council at a public hearing to be held at the City of La Porte City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas at 6:00 p.m., on the 23th day of July, 2007, and as the same may from time to time be adjourned, to appear and show cause why the structure(s) should not be declared a nuisance, condemned and ordered repaired or torn down, as more fully set forth in such notice attached hereto. This public hearing process need not be carried out if you, the property owner, choose to follow one of two alternative courses of action. One alternative is simply to have the structure demolished. Any demolition shall be in accordance with City Ordinances. The second alternative is to complete, have notarized and return the enclosed "Consent to Demolish" form. A photocopy of the property title must be attached to the form. The Consent to Demolish form should be returned to the City prior to the public hearing date. 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 Please note, should this building be demolished at the City's expense, you as the property owner will be billed for the cost of demolition. Failure to reimburse the City will result in a lien being filed against the property. We have your voluntary consent form on file. It is not necessary for you to attend this public hearing. At the public hearing, the City's Chief Building Official will present a report and slide presentation to City Council for their use in assessing the condition of this structure. City Council will make the final determination whether the structure may be repaired or condemned and demolished. Please note, submitting repair plans does not stop the public hearing proceedings. Respectfully, City of La Porte ~t1HlaJIi.ia4 By: Martha Gillett, TRMC, CMC City Secretary Attachments Xc: Mayor and City Council Wayne Sabo, Director of Planning Mike Boaze, Fire Chief Clif Meekins, Fire Marshal Board of Inspection File Copy via regular mail S:\City Planning Share\lNSPECTION DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\D B NotifLtr to Owner. doc Rev. January 2003 .J ',_ City of La Porte Established 1892 June 26, 2007 Glenn W. Brown, Jr. P. O. Box 5309 Pasadena, TX 77508-5309 Certified Return Receipt Mail # 7005 0390000481689781 RE: Structure(s) at: Legal Description: 10911 North L St. #22-D TR426B; W 1/2 ofE 112; La Porte Outlots Dear Sir: Staff has inspected the building(s) located at the above-described property. Our review found them to be substandard and candidates for possible condemnation as a dangerous building(s) under Article VIII; Section 82-473 of the City's Code of Ordinances. As required by the Code of Ordinances, a copy of the Board's report, as filed by the Board with the City Council of the City of La Porte, is attached to this letter and is a part of this notice. As the owner or interested party of the property you are required, in accordance with Section #82-476, to appear before the City Council at a public hearing to be held at the City of La Porte City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas at 6:00 p.m., on the 23th day of July, 2007, and as the same may from time to time be adjourned, to appear and show cause why the structure(s) should not be declared a nuisance, condemned and ordered repaired or tom down, as more fully set forth in such notice attached hereto. This public hearing process need not be carried out if you, the property owner, choose to follow one of two alternative courses of action. One alternative is simply to have the structure demolished. Any demolition shall be in accordance with City Ordinances. The second alternative is to complete, have notarized and return the enclosed "Consent to Demolish" form. A photocopy of the property title must be attached to the form. The Consent to Demolish form should be returned to the City prior to the public hearing date. 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 Please note, should this building be demolished at the City's expense, you as the property owner will be billed for the cost of demolition. Failure to reimburse the City will result in a lien being filed against the property. We have your voluntary consent form on file. It is not necessary for you to attend this public hearing. At the public hearing, the City's Chief Building Official will present a report and slide presentation to City Council for their use in assessing the condition of this structure. City Council will make the final determination whether the structure may be repaired or condemned and demolished. Please note, submitting repair plans does not stop the public hearing proceedings. Respectfull y, City of La Porte ~,~a.~ By: Martha Gillett, TRMC, CMC City Secretary Attachments Xc: Mayor and City Council Wayne Sabo, Director of Planning Mike Boaze, Fire Chief Clif Meekins, Fire Marshal Board of Inspection File Copy via regular mail S:\City Planning Share\INSPECTION DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\D B NotifLtr to Owner. doc Rev. January 2003 City of La Porte Established 1892 June 26, 2007 Glenn W. Brown, Jr. 3413 Windfern Dr. Pearland, TX 77581-6466 Certified Return Receipt Mail # 70050390000481689798 RE: Structure(s) at: Legal Description: 10911 North L St. #22-D TR426B; W 1/2 ofE 112; La Porte Outlots Dear Sir: Staff has inspected the building(s) located at the above-described property. Our review found them to be substandard and candidates for possible condemnation as a dangerous building(s) under Article VIII; Section 82-473 ofthe City's Code of Ordinances. As required by the Code of Ordinances, a copy of the Board's report, as filed by the Board with the City Council ofthe City of La Porte, is attached to this letter and is a part of this notice. As the owner or interested party of the property you are required, in accordance with Section #82-476, to appear before the City Council at a public hearing to be held at the City of La Porte City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas at 6:00 p.m., on the 23th day of July, 2007, and as the same may from time to time be adjourned, to appear and show cause why the structure(s) should not be declared a nuisance, condemned and ordered repaired or torn down, as more fully set forth in such notice attached hereto. This public hearing process need not be carried out if you, the property owner, choose to follow one of two alternative courses of action. One alternative is simply to have the structure demolished. Any demolition shall be in accordance with City Ordinances. The second alternative is to complete, have notarized and return the enclosed "Consent to Demolish" form. A photocopy of the property title must be attached to the form. The Consent to Demolish form should be returned to the City prior to the public hearing date. 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 Please note, should this building be demolished at the City's expense, you as the property owner will be billed for the cost of demolition. Failure to reimburse the City will result in a lien being filed against the property. We have your voluntary consent form on file. It is not necessary for you to attend this public hearing. At the public hearing, the City's Chief Building Official will present a report and slide presentation to City Council for their use in assessing the condition of this structure. City Council will make the final determination whether the structure may be repaired or condemned and demolished. Please note, submitting repair plans does not stop the public hearing proceedings. Respectfull y, City of La Porte ~~lirfi By: Martha GIllett, T C, CMC City Secretary Attachments Xc: Mayor and City Council Wayne Sabo, Director of Planning Mike Boaze, Fire Chief Clif Meekins, Fire Marshal Board of Inspection File Copy via regular mail S:\City Planning Share\INSPECTION DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\D B NotifLtr to Owner. doc Rev. January 2003 .~ - REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June25. 2007 Requested By: Michael G. Dolbv. CPA r Department: Finance Appropriation Source of Funds: Account Number: Report: Resolution: Ordinance: X Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Interlocal A2reement Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION The City of La Porte would like to participate with the North Central Texas Council of Governments (NCTCOG) through an interlocal agreement for cooperative purchasing for actuarial shared services. The city will be able to obtain an actuarial study of its annual required contribution to fund health insurance for retirees as recommended for implementation of Governmental Accounting Standards Board statement number 45 (GASB 45). The NCTCOG has gone through the bid process and selected an actuarial firm. If the city participates in the cooperative purchasing program, the city will able to obtain an actuarial study at a reduced fee. Action Required bv Council: Recommend that the Council receive and approve the interlocal agreement with NCTCOG. Oa'e II ORDINANCE NO. 2007-~():K) AN ORDINANCE APPROVING AND AUTHORIZ ING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, FOR COOPERATIVE PURCHASING FOR ACTUARIAL SHARED SERVICES, 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 Interim 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. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this ~Sth day of June, 2007. By: ~y OF LA ~E ~~~V~ Alton E. Porter, Mayor ATTEST: ~~~4'(f City Secretary APPROVED: Cl~~i~ ~ ~ssistant City Attorney INTERLOCAL AGREEMENT FOR COOPERA TIVE PURCHASING FOR ACTUARIAL SHARED SERVICES ORIGII~L THIS INTERLOCAL AGREEMENT ("Agreement"), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the "Act"), by and between the North Central Texas Council of Governments, hereinafter referred to as "NCTCOG," having its principal place of business at 616 Six Flags Drive, Arlington, Texas 76011, and the City of La Porte, a local government, created and operated to provide one or more governmental functions and services, hereinafter referred to as "Participant," having its principal place of business at: 604 W. Fairmont Parkway, La Porte, Texas 77571. WITNESETH WHEREAS, NCTCOG is a regional planning commission and political subdivision of the State of Texas operatin~ under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Act, NCTCOG is authorized to contract with eligible entities to perform governmental functions and services, including the development of a standard approach for acquiring actuarial services; and WHEREAS, in reliance on such authority, NCTCOG has a cooperative purchasing program under which it contract~ with eligible entities under the Act; and WHEREAS, Participant has represented that it is an eligible entity under the Act, that by Administrative Action hm authorized this Agreement on June 25, 2007 and that it desires to contract with NCTCOG on the terms set forth below; NOW, THEREFORE, NCTCOG and the PARTICIPANT do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Participant represents and warrants to NCTCOG that (1) it is eligible to contract with NCTCOG under the Act because its a local government, as defined in the Act, and (2) it possesses adequate legal authority to enter into this Contract. ARTICLE 2: APPLICABLE LAWS NCTCOG and the Participant agree to conduct all activities under this Agreement in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Agreement. ARTICLE 3: WHOLE AGREEMENT This Agreement and any attachments, as provided herein, constitute the complete contract between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. ARTICLE 4: BILLINGS Billings will be generated for the Actuarial Shared Services through Gabriel Roeder Smith & Company and will include an Administrative Fee of $100 per valuation cycle (annually or biennially) payable to NCTCOG. ARTICLE 5: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by both parties, except that any alternations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law 01 regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. NCTCOG reserves the right to make changes in the scope services offered through the Cooperative Purchasing Program to be performed hereunder. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO A~ FOLLOWS: * Denotes required fields NOTE: Facsimile cODies of this document shall not be acceDtable as ORIGINALS. Jnterstate vI rev. 10/05 * City of La Porte Name of Participant (local government. agency, or non-profit corporation) North Central Texas Council of Governments 616 Six Flags Drive, Arlington, Texas 76011 *BV:~~ * 604 W. Fairmont Parkway Mailing Address * La Porte City Tx State 77571 ZIP Code Signature of Authorized Official * Monte Mercer Typed Name of Authorized Official * Director of Administration Typed Title of Authorized Official Date 7/11/07 * Interim City Manager Typed Title of Authorized Official 6/26/2007 Date c REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 25. 2007 Appropriation Requested By: .John .Joerns Source of Funds: Department: Administration Account Number: Report: Resolution: Ordinance: Amount Budgeted: Exhibits: Emails from Clark Askins Amount Requested: Exhibits: Email from Phvllis Rinehart Budgeted Item: YES NO Exhibits: HR 2365 Synopsis Exhibits: HB 2365 Full Version SUMMARY & RECOMMENDATION At the June 11 City Council meeting Council asked staff to secure additional information regarding HE 2365 (now signed by the Governor and effective immediately) and GASB 45. More specifically Council asked for information on the potential effect on bond ratings if Cities do not perform the actuarial studies and report according to GASB 45 standards. Attached are these emails; . Two from Clark Askins after a similar question was raised at the last Chapter 172 meeting . One from Phyllis Rinehart noting her conversation with the City's current auditor, Null-Lairson We have contacted our Financial Advisor and asked if they could determine how the bond rating agencies would respond if a city elected not to follow GASB 45. As of this writing we do not have any input from the Financial Advisor. We have invited both the City's Auditing Firm and Financial Advisors to attend the June 25 workshop. As directed at the June II meeting, the two items tabled are returned for consideration. Action Required bv Council: Consider approval of the agenda items tabled at the June 11,2007 City Council meeting. · CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, FOR COOPERATIVE PURCHASING FOR ACTUARIAL SHARED SERVICES · CONSIDER APPROVAL OR OTHER ACTION APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND GABRIEL, ROEDER, SMITH & CO.; TO PERFORM ACTUARIAL CONSULTING SERVICES A &hO~7 Date I ( . Page 1 ot 1 Joerns, John From: Clark T. Askins [ctaskins@swbell.net] Sent: Friday, June 08,20079:48 AM To: Joerns, John; Welch, Neal; Swanagan, Robert Subject: GASB 45 Folks: In light ofthe question raised at last night's Chapter 172 meeting regarding GASB 45, I reviewed HB 2365, which at this point is on the governor's desk for signature. Under this bill, both the State and political subdivisions of the state may, if they choose, opt out of GASB 45 accounting requirements. In the words of an article I found, "The bill establishes a 'statutory modified accrual basis' of accounting that 'recognizes revenue when it is measurable and available to finance current expenditures and recognizes expenditures when they are normally expected to be liquidated...' The bill specifically addresses accounting for other postemployment benefits by providing 'To the extent that generally accepted accounting principles require accounting or reporting of other postemployment benefits at the government-wide or fund level on any basis other than pay-as-you-go, this state and its political subdivisions may account for or report those other postemployment benefits in accordance with the statutory accounting principles in this chapter.' In other words, this bill would allow the City to follow pay-as-you-go accounting principles laid out in the new law, in lieu of following the GASB 45 regulations. Therefore, assuming this bill becomes law, it is my opinion that the City of La Porte could choose to bypass GASB 45 and stick with pay-as-you-go. However, as has been pointed out, this would come at the possible expense of our bond rating, depending on the approach outside auditors, accountants, etc. take the absence of GASB 45 information. (On this note, I would mention that the bill allows an entity that opts out of GASB 45 to nonetheless indicate the value of its non-pension retiree obligations (health, life, dental) as a footnote, on its financial statements. The Texas Attorney General had previously opined that the State is not legally compelled to follow GASB 45. It is not mandated by Congress on the states, nor does GASB have independent powers of enforcement. This being the case it looks like the Legislature took a rather bold move, and one that may be followed by other states. Clark 6/19/2007 Joerns, John From: Sent: To: Subject: Clark T. Askins [ctaskins@swbell.net] Tuesday, June 19, 2007 3:09 PM Joerns, John; Swanagan, Robert; Welch, Neal HB 2365 / GASB -45 Folks: In case you didn't already know, the Governor signed HB 2365, pertaining to right of state and political subdivisions of state to opt out of GASB-45 reporting requirements for non-pension retiree benefits, on Friday, June 15th. The law is effective immediately. Clark 1 Page 1 of] Dolby, Michael From: Rinehart, Phyllis Sent: Thursday, June 14, 2007 7:54 AM To: Joerns, John Cc: Dolby, Michael Subject: response from auditor Mr. Joems, Here are my notes from a telephone conversation with Tom Pedersen with Null-Lairson: City can have the actuarial study done. GASB 45 does not require the City to fund the liability. What will be reported in the audit report as a liability in the government wide financial statements will be the difference between the actuarial annual required contribution and any amounts paid in the current year. This amount will be reported in the government wide financial statements as a liability. No GASB 45 liabilities will be reported on the fund financial statements. The city will most likely then be issued an unqualified opinion. If the city chooses not to have the study done as permitted by State law, then it should follow the rules as set forth by the state comptroller once the law has been passed and the comptroller has established rules. If the city follows the rules promulgated by the Comptroller's Office, then the auditors may issue an unqualified opinion on the financial statements prepared on a regulatory basis of accounting. The opinion would include a paragraph which explains that the financial statements were not prepared in accordance with generally accepted accounting principles. If the City chooses this option and does not follow the rules established by the Comptroller's Office, the auditor's would have to issue either an adverse or qualified opinion. If the City chooses not to implement GASB 45, then there is not any certainty how the City's bond ratings will be affected (if any) or how the city' participation in the GFOA certification program will be affected. Tom Pedersen and Chris Breaux are available for questions and can ::I1so attend the city council if necessary . Phyllis 6/19/2007 Meetings Act. In addition, the bill provides that notice of an emergency meeting or supplemental notice of an emergency item added to the agenda to address the emergency must be given to members ofthe news media not later than one hour before the meeting. Other Bills H.B. 1 - State Budeet / Parks: this is the state budget bill. Of interest to cities, local parks grant funding will be affected as follows: (1) the allocation of sporting goods sales tax revenue to the local parks grant account will increase from $5.2 million per year to $15.5 million per year; (2) total general fund revenue to the local parks grant account will increase from $0.8 million for the biennium to $16.7 million; and (3) $16.7 million oflocal parks grant funding will be "earmarked" for eighteen specific local park projects. (Total funding will increase from $11.3 million to $47.658 million per biennium.) H.B. 11- Alcohol and Tobacco Taxes: improves the state's procedures relating to the filing of alcohol and tobacco sales reports with the state comptroller, and is estimated to generate roughly $5 million in municipal revenue statewide in fiscal year 2008 and $17 annually by fiscal year 2012. H.B. 730 - Certificates of Oblieation: extends from 14 to 30 days the required time period between the first newspaper notice of a city's intention to issue certificates of obligation and the meeting date at which the city council authorizes their issuance. H.B. 1268 - Attorney's Fees: provides that a governmental contract for general construction, an improvement, a service, a public works project, or a purchase of supplies, materials, or equipment may not provide for the award of attorney's fees to the governmental entity in a dispute unless the contract provides for the award of attorney's fees to each other party to the contract. H.B. 1456 - Annual Financial Statement: extends from 120 days to 180 days the time period, following the last day of a fiscal year, for a city to file the annual financial statement for the fiscal year with the city secretal1:" H.B.. 1560 - Liabilitv: expands the definition of recreation to include "paint ball use," and provides that a city must post a sign containing specific language on any premises that a city owns, operates, or maintains on which certain recreational activities are conducted. >feH.B. 2365 - Postemplovment Benefits/GASB 45: provides that: (1) a city's accounting and financial reporting system must be consistent with state law and may not misrepresent financial activities; (2) a city may follow the "statutory modified accrual basis" method of financial accounting; (3) any generally accepted accounting principles that require reporting of postemployment benefits in any method other than "pay as you go" do not have to be used by Texas or its political subdivisions; and (4) "other postemployment benefits" must be disclosed in a city's annual financial statement in the detailed manner laid out in. the bill. (Note: finance officers and auditors should carefully review this bill. It will take effect immediately when it is signed by the governor.) H.B. 2438 - Hotel Occupancy Taxes: authorizes a city to use hotel occupancy tax revenue to own or finance a transportation system that transports tourists from hotels to the commercial center of the city, a convention center, other hotels, or tourist attractions in the city. This bill also 12 80R9368 MXM-F By: Truitt 4 k H.B. No. 2365 A BILL TO BE ENTITLED AN ACT relating to financial accounting and reporting for this state and political subdivisions of this state. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The legislature finds that: (1) state and local governments provide essential services funded by statutorily authorized taxes and fees and not by cost recovery-based rate or price models; (2) state and local government operations derive authority from and are regulated by the Texas and federal constitutions and statutes; and ~ (3) financial a~counting and reporting should accurately reflect government acti vi ties and not mislead or misinform the public. SECTION 2. Subtitle F, Title 10, Government Code, is amended by adding Chapter 2264 to read as follows: CHAPTER 2264. FINANCIAL ACCOUNTING AND REPORTING SUBCHAPTER A. GENERAL PROVISIONS Sec. 2264.001. APPLICABILITY. This chapter applies to this state and to each political subdivision of this state. Sec. 2264.002. APPLICABILITY TO COMPONENT UNITS. To the Page - 1 - H.B. No. 2365 extent an entity is reported on the financial statement of the state or a political subdivision as a component unit, the statutory accounting principles and reporting standards in this chapter apply to that entity. [Sections 2264.003-2264.050 reserved for expansion] SUBCHAPTER B. FINANCIAL ACCOUNTING AND REPORTING STANDARDS Sec. 2264.051. REQUIREMENTS FOR SYSTEM OF ACCOUNTING AND REPORTING. The system of accounting for and reporting the financial activities of this state and its political subdivisions: (1) must be consistent with state financial laws; (2) may not misrepresent the nature, scope, or duration of the financial activiti~s of the state or political subdivision; and (3) must follow the statutory standards in this chapter when other accounting bases conflict with state law. Sec. 2264.052. STATUTORY MODIFIED ACCRUAL BASIS. (a) A statutory modified accrual basis is a comprehensive basis of accounting that recognizes revenue when it is measurable and avaiiable to finance current expenditures and recognizes expenditures when they are normally expected to be liquidated with current financial resources regardless of when they mature. (b) This state and its political subdivisions may account for and report selected types of financial activities on a statutory modified accrual basis for government-wide and fund-level internal and external financial statement reporting. j:; Page -2 - Sec. 2264.053. COMPLIANCE WITH H.B. No. 2365 ACCOUNTING PRINCIPLES. Compliance with the statutory accounting principles of this chapter by the state or a political subdivision satisfies another statute that requires accounting and reporting according to generally accepted accounting principles. Sec. 2264.054. ACCOUNTING FOR OTHER POSTEMPLOYMENT BENEFITS. (a) In this section: (1) "Other postemployment benefits" means employee benefi t programs for which coverage or eligibility extends to retired employees. The term does not include pension benefits. (2 ) "Pay-as-you-go" means benefit plan financing generally made at or about the same time and in or about the same amount as benefit payments and expenses become due. (b) To the extent that generally accepted accounting principles require accounting or reporting of other postemployment benefits at the government-wide or fund level on any basis other than pay-as-you-go and in accordance with the statutory accounting principles in this chapter, those accounting or reporting requirements do not apply to this state or its political subdivisions. SECTION 3. Section 112.002(c), Local Government Code, is amended to read as follows: (c) Except as provided by Chapter 2264, Government Code, a [A] regulation adopted under this section may not be inconsistent with generally accepted accounting principles [~O cot~bliohcd by Page -3 - H.B. No. 2365 the Co~ernment~l ~ecounting St~nd~rd8 Bo~rd]. SECTION 4. The changes in law made by this Act apply to financial accounting and reporting by a governmental entity subject to Chapter 2264, Government Code, as added by this Act, beginning with the governmental entity's first fiscal year that begins on or after the effective date of this Act. SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007. Page -4 - REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June25. 2007 Requested By: Michael G. Dolhv. CPA r Department: Finance Appropriation Source of Funds: General Fund Account Number: 001-6146-515-50-04 Report: X Resolution: Ordinance: Amount Budgeted: $45.000 Exhibits: Master Al!:reement Amount Requested: $8.000 Exhibits: Budgeted Item: (YES) NO Exhibits: SUMMARY & RECOMMENDATION The City of La Porte is participating with the North Central Texas Council of Governments (NCTCOG) through an interlocal agreement for cooperative purchasing for actuarial shared services. The actuarial firm to do the study of it annual required contribution to fund health insurance for retirees as recommended for implementation of Governmental Accounting Standards Board statement number 45 (GASB 45) is Gabriel, Roedel, Smith & Co. The cost of the actuarial study is $8,000. Action Required bv Council: Recommend that the Council receive and approve the master agreement with Gabriel, Roeder, Smith and Co. for actuarial services. Date ~~? GRS Gabriel Roeder Smith & Company Consultants & Actuaries 5605 N. MacArthur Blvd. Suite 870 Irving, TX 75038-2631 469.524.0000 phone 469.524.0003 fax www.gabrielroeder.com July 6,2007 RECf':;~ JUL 1 2 Z001 Ms. Phyllis Rinehart Controller City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 ~ RE: Shared Actuarial Services Program Dear Ms. Rinehart: Enclosed please find a fully executed "Master Agreement" for the Shared Actuarial Services Program. Also enclosed please find the "Pricing Estimate for GASB OPEB Valuation for the City of La Porte". Sincerely, 14~11~~~ Mark Randall Executive Vice President klb j/279712007/masteragreementletter.doc GRS Gabriel Roeder Smith & Company Consultants & Actuaries 5605 N. MacArthur Blvd. Suite 870 Irving, TX 75038-2631 469.524.0000 phone 469.524.0003 fax www.gabrielroeder.coffi MASTER AGREEMENT Pursuant to the award of Joint Actuarial Services by the North Central Texas Council of Governments (NCTCOG), this agreement confirms the terms under which the City of La Porte hereinafter referred to as 'CONTRACTING GOVERNMENT" has engaged Gabriel, Roeder, Smith & Co. hereinafter referred to as "GRS" to perform actuarial consulting services. In as much as this relationship will involve several actuarial reviews and other services that will be governed by the Request for Proposal issued by NCTCOG on May 31, 2006 and our subsequent response to that proposal, we have agreed to establish this "master agreement" defining the general terms and conditions for all work performed. This agreement will not, by itself, authorize the performance of any services. Rather specific services will be authorized through a separate engagement letter that references this master agreement and details the services to be provided and the timeframe and fees required. In the event of an inconsistency between this master agreement and an individual engagement letter, the master agreement will be followed. As described in the above referenced Request for Proposal the following terms apply: A. Tax Exempt Entities. CONTRACTING GOVERNMENT is exempt from manufacturer's federal excise tax and states sales tax. Tax exemption certificates will be issued upon request. B. Role of NCTCOG. NCTCOG has served as a facilitator to the RFP and award process but the contractual relationship is between GRS and the CONTRACTING GOVERNMENT. C. A22re2ate Information. GRS agrees to supply NCTCOG with the specified results from the valuations and to aggregate that information with that of other governments for the purpose of benchmarking. D. Fees. GRS agrees to follow the attached pricing schedule ("Attachment A") for pricing of its services. 1. Review of Char2es. CONTRACTING GOVERNMENT has the right to review the supporting documentation for any hourly charges or out of pocket expenses assessed to the CONTRACTING GOVERNMENT under the fee schedule. J. Termination. Both CONTRACTING GOVERNMENT and GRS will have the right to terminate this agreement through written notice. CONTRACTING GOVERNMENT will pay any charges or prorate fees incurred to the date the termination notice is received and actuary will cease any in progress work unless specific stopping points are provided in the letter. K. Work Product. The final work product will be the property of the CONTRACTING GOVERNMENT to be used as stated in the specific engagement letter. Ancillary use of the product is permitted but GRS is not responsible for the reliability of those projections. It is understood that all reports are subject to the open records laws of the State of Texas and the contracting jurisdiction. L. Independent Contractor. All the services provided by GRS will be as an independent contractor. None of the terms in the engagement letter will be interpreted to create an agency or employment relationship. M. Biennial Reviews. CONTRACTING GOVERNMENT agrees to provide census data in off years using the same cut off date and delivery dates as used for the year of review. Actuary agrees to review the off year census data and provide CONTRACTING GOVERNMENT with timely feedback regarding deficiencies in the data. N. Term. The term of this master agreement will be governed by the afore referenced NCTCOG RFP and will expire on September 30,2012. O. Complete A2:reement. This letter combined with the specific engagement letter and as clarified by the RFP and Proposal set forth the entire agreement between the CONTRACTING GOVERNMENT and GRS. P. Indemnification. GRS covenants and agrees to indemnify and hold harmless and defend and does hereby indemnify, hold harmless, and defend NCTCOG and CONTRACTING GOVERNMENTS, its officers and employees, from and against any and all suits or claims for damages or injuries, including death, to persons or property, whether real or asserted, arising out of any negligent act or omission on the part of the contractor, its officers, agents, servants, employees, or subcontractors, and the contractor does hereby assume all liability for injuries, claims or suits for damages to persons, property, or whatever kind of character, whether real or asserted, occurring during or arising out of the performance of a contract as a result of any negligent act or omission on the part of the contractor, its officers, agents, servants, employees, or subcontractors to the extent permitted by law. Please review this master agreement letter and the attached schedules and indicate your acceptance by having an official of CONTRACTING GOVERNMENT sign below. Q. Force Majeure. A force majeure event shall be defined to include governmental decrees or restraints, acts of God (except that rain, wind, flood or other natural phenomena normally expected for the locality, shall not be construed as an act of God), work stoppages due to labor disputes or strikes, fires, explosions, epidemics, riots, war, rebellion, and sabotage. If a delay or failure of performance by either party to this contract results from the occurrence of a force majeure event, the delay Gabriel Roeder Smith & Company shall be excused and the time fixed for completion of the work extended by a period equivalent to the time lost because of the event. R. Professional Standards. GRS will provide qualified personnel for each engagement and follow all professional standards ascribed by the American Academy of Actuaries and the Governmental Accounting Standards Board. GABRIEL, ROEDER, SMITH & CO. By: 'l1~~~ Date: 7! J lZOQ7 Title: f~~c \'Jive ?{'e~;d'€lI..f-- CONTRACTING GOVERNMENT BY~t,.'P~~ Date: ,-r,'-Oi Title: Mayor Gabriel Roeder Smith & Company Attachment A Pricing of Services Employer First Year Hourly Rate for Governments by Total OPEB Participants Annual Biennial Options Study Additional Services 1 Less than 100-lnsured 1 health plan $4,000 $5,000 $750/Study See Below 1a Less than 100-per additional health or retirement plan $1,000 $1,000 $750/Study See Below 2 Between 100 and 249- Insured 1 health plan $4,500 $5,500 $750/Study See Below 2a Between 100 and 249-per additional health or retirement plan $1,000 $1,000 $750/Studv See Below 3 Between 100 and 249-Self Insured 1 health plan $6,000 $7,000 $750/Studv See Below 3a Between 100 and 249-per additional self insured health or retirement plan $1,000 $1,000 $750/Studv See Below 4 Between 250 and 499- Insured 1 health plan $4,500 $5,500 $750/Studv See Below 4a Between 250 and 499-per additional health or retirement plan $1,000 $1,000 $750/Study See Below 5 Between 250 and 499-Self Insured 1 health plan $6,000 $7,000 $750/Study See Below 5a Between 250 and 499-per additional self insured health or retirement plan $1,000 $1,000 $750/Study See Below 6 Between 500 and 749-lnsured 1 health plan $4,500 $5,500 $750/Study See Below 6a Between 500 and 749-per additional health or retirement plan $1,000 $1,000 $750/Study See Below 7 Between 500 and 749-SelfInsured 1 health plan $6,000 $7,000 $750/Study See Below 7a Between 500 and 749-per additional self insured health or retirement plan $1,000 $1,000 $750/Study See Below 8 Between 750 and 999-lnsured 1 health plan $4,500 $5,500 $750/Study See Below 8a Between 750 and 999-per additional health or retirement plan $1,000 $1,000 $750/Study See Below 9 Between 750 and 999-SelfInsured 1 health plan $6,000 $7,000 $750/Study See Below 9a Between 750 and 999-per additional self insured health or retirement plan $1,000 $1,000 $750/Studv See Below 10 Between 1000 and 1499- Insured 1 health plan $5,000 $6,000 $750/Study See Below I lOa Between 1000 and 1499-per additional health or retirement plan $1,000 $1,000 $750/Study See Below 11 Between 1000 and 1499-Self Insured 1 Gabriel Roeder Smith & Company health plan $6,500 $7,500 $750/Study See Below 11a Between 1000 and 1499-per additional self insured health or retirement plan $1,000 $1,000 $750/Study See Below 12 Between 1500 and 1999-lnsured 1 health plan $5,000 $6,000 $750/Study See Below 12a Between 1500 and 1999-per additional health or retirement plan $1,000 $1,000 $750/Study See Below 13 Between 1500 and 1999-Self Insured 1 health plan $6,500 $7,500 $750/Study See Below 13a Between 1500 and 1999-per additional self insured health or retirement plan $1,000 $1,000 $750/Study See Below 14 Between 2000 and 2499-lnsured 1 health plan $5,000 $6,000 $750/Study See Below 14a Between 2000 and 2499-per additional health or retirement plan $1,000 $1,000 $750/Study See Below 15 Between 2000 and 2499-Self Insured 1 , health plan $6,500 $7,500 $750/Study See Below 15a Between 2000 and 2499-per additional self insured health or retirement plan $1,000 $1,000 $750/Study See Below 16 Between 2500 and 5000-SelfInsured 1 health plan $7,000 $8,000 $750/Study See Below 16a Between 2500 and 5000-per additional self insured health or retirement plan $1,500 $1,500 $750/Study See Below Gabriel Roeder Smith & Company Plans (if applicable First Year Hourly Rate for Governments by Total OPEB Participants Annual Biennial Options Study Additional Services 1 Less than 100-lnsured 1 health plan $0 $0 $750/Study See Below la Less than 100-per additional health or retirement plan $0 $0 $750/Study See Below 2 Between 100 and 249- Insured 1 health plan $0 $0 $750/Study See Below 2a Between 100 and 249-per additional health or retirement plan $0 $0 $750/Study See Below 3 Between 100 and 249-Self Insured 1 health plan $0 $0 $750/Study See Below , 3a Between 100 and 249-per additional self insured health or retirement plan $0 $0 $750/Studv See Below 4 Between 250 and 499-lnsured 1 health plan $0 $0 $750/Studv See Below 4a Between 250 and 499-per additional health or retirement plan $0 $0 $750/Studv See Below 5 Between 250 and 499-Self Insured 1 health plan $0 $0 $750/Studv See Below 5a Between 250 and 499-per additional self insured health or retirement plan $0 $0 $750/Study See Below 6 Between 500 and 749-lnsured 1 health plan $0 $0 $750/Study See Below 6a Between 500 and 749-per additional health or retirement plan $0 $0 $750/Study See Below 7 Between 500 and 749-SelfInsured 1 health plan $0 $0 $750/Study See Below 7a Between 500 and 749-per additional self insured health or retirement plan $0 $0 $750/Study See Below 8 Between 750 and 999-lnsured 1 health plan $0 $0 $750/Study See Below 8a Between 750 and 999-per additional health or retirement plan $0 $0 $750/Study See Below 9 Between 750 and 999-SelfInsured 1 health plan $0 $0 $750/Study See Below 9a Between 750 and 999-per additional self insured health or retirement plan $0 $0 $750/Study See Below 10 Between 1000 and 1499-lnsured 1 health plan $0 $0 $750/Study See Below lOa Between 1000 and 1499-per additional health or retirement plan $0 $0 $750/Study See Below 11 Between 1000 and 1499-Self Insured 1 health plan $0 $0 $750/Study See Below lla Between 1000 and 1499-per additional self insured health or retirement plan $0 $0 $750/Studv See Below 12 Between 1500 and 1999-lnsured 1 health plan $0 $0 $750/Study See Below Gabriel Roeder Smith & Company 4812 Between 1500 and 1 999-per additional a health or retirement plan $0 $0 $750/Study See Below 13 Between 1500 and 1999-Self Insured 1 health plan $0 $0 $750/Study See Below 13a Between 1500 and 1 999-per additional self insured health or retirement plan $0 $0 $750/Study See Below 14 Between 2000 and 2499-lnsured 1 health plan $0 $0 $750/Study See Below 14a Between 2000 and 2499-per additional health or retirement plan $0 $0 $750/Study See Below 15 Between 2000 and 2499-Self Insured 1 health plan $0 $0 $750/Study See Below 15a Between 2000 and 2499-per additional self insured health or retirement plan $0 $0 $750/Study See Below 16 Between 2500 and 5000-Self Insured 1 health plan $0 $0 $750/Study See Below 16a Between 2500 and 5000-per additional self insured health or retirement plan $0 $0 $750/Study See Below .:. For the first valuation, the prices above include a mandatory kick-off meeting to begin the project and a meeting to present the findings. If the second meeting can take place either via web cast or through a conference call, we will discount the above valuation fees by $500. .:. For subsequent valuations, we anticipate the kickoff meeting to be via conference call or web cast. For any participant, if the meeting to present the results can take place either via web cast or through a conference call, we will discount the above valuation fees by $500. .:. Pricing assumes 20% paid upon acceptance by the government of the engagement, 50% upon receipt of the draft report and 30% upon acceptance of the final report. .:. Fees for additional services and optional services that are not determined as 'basic' will be based on the following rates: GRS Position Title Hourly Rates Senior Consultant $350 $275 $175 $150 $200 $110 Consultants Senior Analysts Actuarial Analysts Systems Analysts and Programmers Administrative Support Staff Gabriel Roeder Smith & Company