HomeMy WebLinkAbout2008-01-14 Regular Meeting and Workshop of La Porte City Council
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MINUTES OF REGULAR MEETING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
January 14, 2008
1. CALL TO ORDER
The meeting was called to order by Mayor Porter at 6:00 p.m.
Members of City Council Present: Mayor Pro Tem Rigby, Council members Tommy
Moser, Mike Clausen, Georgia Malone, Mike Mosteit, Chuck Engelken, Howard Ebow and
Mayor Porter.
Members of Council Absent: Barry Beasley.
Members of City Executive Staff and City Employees Present: Assistant City Attorney
Clark Askins, City Manager Ron Bottoms, Planning Director Wayne Sabo, Interim Finance
Director Michael Dolby, Assistant City Manager John Joerns, City Secretary Martha Gillett,
Director of Public Works Steve Gillett, Assistant Fire Chief John Dunham, Emergency
Management Coordinator Jeff Suggs, Assistant Chief of Police Aaron Corrales, Brian
Sterling GIS Manager, Assistant Director of Public Works Don Pennell, Office Coordinator
Peggy Lee, Director of Parks and Recreation Stephen Barr, Risk Management Coordinator
Bill Rankin, Parks and Recreation Russell Capps, Emergency Management Coordinator
Jeff Suggs, Purchasing Manager Susan Kelley, Police Officers Association President Matt
Novosad, Aging Services Superintendent Karen Beerman, Economic Development
Coordinator Gretchen Black, Assistant Fire Chief Donald Ladd, Downtown Revitalization
Coordinator Debra Dye, Police Department Carol Scott, Police Chief Richard Reff, Building
Official Debbie Wilmore, Lieutenant Ron Parker, Fire Chief Mike Boaze, Isaac Rodriguez,
Michelle Bedford, Scott Bradley and a number of other employees.
Others present: John Handy of the Houston Chronicle, Adam Yanelli of the Bayshore Sun,
Dan Chappell of the Ministerial Alliance, Shar Lynch Port of Houston, David Janda, Phillip
Hoot.
2. Dan Chappell of the Ministerial Alliance delivered the Invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. PRESENTATIONS/ PROCLAMATIONS
A. Mayor Porter presented Isaac Rodriguez with an Employee of the Fourth Quarter
plaque.
B. Mayor Porter presented Michelle Bedford with an Employee of the Year plaque.
C. Mayor Porter presented Scott Bradley with a Manager of the Year plaque.
5. CONSENT AGENDA
A. Consider approving Minutes of the Special called Regular Meeting of the La Porte
City Council held on December 17, 2007.
B. Council to consider approval or other action of an Ordinance vacating, abandoning
and closing the portion of the alley in Block 723, Town of La Porte situated
between Lots 11 through 20 and 21 through 30. (Ord. 3058)
C. Council to consider approval or other action of an Ordinance authorizing the City
Manager to execute the Second Amendment to Lease Agreement between the
City of La Porte and Harris County for the Sylvan Beach Fishing Pier, increasing
the Escrow Fund for pier repair and replacement from a base amount of
$150,000.00 to $550,000.00. (Ord. 3059)
D. Council to consider approval or other action authorizing the City Manager to
execute a contract with LJA Engineering and Surveying, Inc. for the survey and
design of the Water Service rerouting in the Spenwick area.
E. Council to consider approval or other action of an Ordinance amending Fiscal
Year 2007-08 Budget. (Ord. 3024-0)
F. Council to consider approval or other action authorizing the City Manager to
execute an Agreement with Claunch and Miller, Inc. to provide professional
engineering services for replacement of Lift Station NO.6 and rehabilitation of Lift
Station No. 38 in the amount of $78,710.00.
G. Council to consider approval or other action authorizing the City Manager to
execute an Agreement with Van De Wiele Engineering, Inc .to provide
professional engineering services for the final design of the relocation of utilities
along Sens Road.
Motion was made by Council member Enqelken to approve consent aqenda as presented.
Second by Council member Mosteit. The motion carried.
Ayes: Mayor Porter, Rigby, Mosteit, Moser, Clausen, Engelken, Ebow, and
Malone.
Abstain: None
Absent: Beasley
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX
PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE
AGENDA.
Matthew Novosad - 5214 Cove Creek had comments about the recent pay increase for
the City of La Porte employees. Mr. Novosad thanked the Mayor and Council for the
recent pay raise.
7. Council to consider approval or other action authorizing the City Manager to execute an
Infrastructure Extension Agreement between the City and Sam Ghandi/ Candlewood
Suites for pavement, storm and sanitary sewer improvements (with City participation in
over sizing) to serve the area of Block 1135, La Porte.
Planning Director Wayne Sabo presented summary and recommendation and answered
Council's questions.
Motion was made by Councilmember Rigby to approve the agreement as presented.
Second by Councilmember Clausen. Motion carried.
Ayes: Mayor Porter, Rigby, Mosteit, Moser, Clausen, Engelken, Ebow and Malone.
Abstain: None
Absent: Beasley
8. Council to consider approval or other action of an Ordinance amending Chapter 70 "Traffic
and Vehicles" of the Code of Ordinances and Appendix B "Fines" establishing rules for
traversing flooded streets with vehicles.
Planning Director Wayne Sabo presented summary and recommendation and answered
Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 3060- AN ORDINANCE AMEND-
ING CHAPTER 70 'TRAFFIC AND VEHICLES" OF THE CODE OF ORDINANCES OF
THE CITY OF LA PORTE BY AMENDING SECTION 70-1 "DEFINITIONS", AMENDING
SECTION 70-2 "COMPLIANCE WITH CHAPTER", ADDING SECTION 70-76
"TRAVERSING FLOODED STREET WITH VEHICLE", ADDING SECTION 70-77
"PENALTIES FOR VIOLATION OF ARTICLE", AND AMENDING APPENDIX-B
"FINES"; PROVIDING A PENALTY OF $500 FOR EACH OFFENSE; PROVIDING
A SEVERABILITY CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE;
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING
AN EFFECTIVE DATE HEREOF;
Motion was made bv Councilmember Clausen to approve Ordinance 3060 as presented by
Mr. Sabo. Second by Councilmember Mosteit. The motion carried.
Ayes: Mayor Porter, Rigby, Mosteit, Moser, Clausen, Engleken, Ebow, and
Malone.
Abstain: None
Absent: Beasley
9. Council to consider approval or other action of an Ordinance reducing the height
requirement on weed violations and increasing mowing charges associated with
abatement of such violations.
Planning Director Wayne Sabo presented summary and recommendation and answered
Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2003-2623-A- AN ORDINANCE
AMENDING CHAPTER 34 "ENVIRONMENT' OF THE CODE OF ORDINANCES OF THE
CITY OF LA PORTE BY AMENDING ARTICLE IV. "UNSANITARY, UNSIGHTLY
CONDITIONS ON PRIVATE PREMISES" SECTION 34-126 "DEFINITIONS", SECTION
34-127 "ENFORCEMENT OF ARTICLE", SECTION 34-128 "PROHIBITED CONDITIONS
DESIGNATED", SECTION 34-132 "ABATEMENT BY CITY- GENERALLY", AND
AMENDING APPENDIX A 'FEES", CHAPTER 34 "ENVIRONMENT', ARTICLE IV. (A)
"ABATEMENT CHARGES", (B) "REMOVAL OF LIEN FILED ON PROPERTY", AND (C)
"OWNER CONTRACTING ABATEMENT WITH CITY"; PROVIDING A REPEALING
CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE
OPENS MEETING LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF
THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND
DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Enqelken to approve Ordinance 2003-2623-A as
presented by Mr. Sabo. Second by Councilmember Rigby. The motion carried.
Ayes: Mayor Porter, Rigby, Mosteit, Moser, Clausen, Engleken, Ebowand
Malone.
Abstain: None
Absent: Beasley
Council noted they want staff to implement a policy to address citizens who are growing
Hay.
10. Council to consider approval or other action authorizing the City Manager to execute a
contract with CSA Construction, Inc. for $6,148.000 and approve change order #1
submitted by CSA Construction, Inc. for $329,500, for a total revised contract of
$5,818,500. Additionally, authorize a $110,790 construction contingency, for a total
authorization of $5,929,290.
Public Works Director Steve Gillett presented summary and recommendation and
answered Council's questions.
Motion was made be Councilmember Moser to approve the contract as presented by Mr.
Gillett.
Second by Councilmember Clausen. The motion carried.
Ayes: Mayor Porter, Rigby, Mosteit, Moser, Clausen, Engelken, Ebowand Malone.
Abstain: None
Absent: Beasley
11. Council to consider approval or other action authorizing the expenditure of $129,750.00
with PBS & J, Inc. for construction phase and inspection services.
Public Works Director Steve Gillett presented summary and recommendation and
answered Council's questions.
Motion was made by Councilmember Enqelken to approve the recommendation as
presented by Mr. Gillett. Second by Councilmember Ebow. The motion carried.
Ayes; Mayor Porter, Rigby, Mosteit, Moser, Clausen, Engelken, Ebow and Malone.
Abstain; None
Absent: Beasley
12. Council to consider approval or other action authorizing the expenditure with PSI, Inc. for
professional services construction materials engineering and testing for $50,000.00.
Public Works Director Steve Gillett presented summary and recommendation and
answered Council's questions.
Motion was made by Councilmember Riqby to approve recommendation as presented by
Mr. Gillett. Second by Councilmember Ebow. The motion carried.
Ayes: Mayor Porter, Rigby, Mosteit, Moser, Clausen, Engelken, Ebow and Malone.
Abstain: None
Absent: Beasley
13. Council to consider approval or other action approving an Ordinance increasing the City
Manager's purchasing authority for budgeted items with prior approval from City from
$25,000.00 to $50,000.00 (Ord. 2736-A) - S. Kelley.
Susan Kelley, Purchasing Manager presented summary and recommendation and
answered Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2736-A - AN ORDINANCE
AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE BY AMENDING CHAPTER 2, "ADMINISTRATION", AND ARTICLE III.
"FINANCE", DIVISION 2. "PURCHASES AND CONTRACTS", SECTION 2-81
"AUTHORITY OF CITY MANAGER TO CONTRACT FOR EXPENDITURES; LIMITS", BY
INCREASING THE CITY MANAGER'S EXPENDITURE LIMIT FROM $25,000 TO
$50,000; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Mosteit to approve Ordinance 2736-A as presented
by Ms. Kelley. Second by Councilmember Ebow. Motion carried.
Ayes: Mayor Porter, Rigby, Mosteit, Moser, Clausen, Engelken, Ebow and Malone.
Abstain: None
Absent: Beasley
14. Closed Regular Meeting and Open Workshop Meeting at 7:10 p.m.
A. Director of Parks & Recreation Stephen Barr presented status of Westside park
property design and implementations.
Council directed staff to move forward
B. Director of Planning presented a report and update on the Process of Annexation
not subject to Industrial District Agreements.
Councilmember Engelken made a motion directing staff to move forward with this
process. Second by Councilmember Rigby. Motion carried unanimously.
Ayes: Mayor Porter, Rigby, Mosteit, Moser, Clausen, Engelken, Ebowand
Malone.
Abstain: None
Absent: Beasley
15. Mayor Porter closed Workshop Meeting and reconvened Regular Meeting at 7:22
p.m.
16. Administrative Reports
City Manager Ron Bottoms provided Council with the following Administrative Reports:
BAHEP Annual Banquet - January 18, 2008- South Shore Harbor Resort - 6:30- 9:30 p.m.
Heritage Society Depot Sidewalk update.
Old Orchard Street reconstruction project.
17. Council Comments. Engelken, Mosteit, Clausen, Rigby, Moser, Malone, Ebow and
Porter.
18. 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,
DELBERA TION 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)
19. There was no need to conduct an Executive Session.
20. There being no further business to come before Council the Regular Meeting was duly
adjourned at 7:34 p.m.
Respectfully submitted,
Yrl~~~
Martha Gillett, TRMC, CMC
City Secretary
Passed and approved on this 28th day of January 2008.
~~y~----
Mayor Alton E. Porter
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Ageada Date Requested: Jan
Requested By:
Aooropriation
001 General Fund
Source of Funds: 002 Special Revenue Fund
Department:
Acc't Number.
Report: _Resolution: _ Ordiuance: X
Amount Budgeted:
Exhibits:
CEPRA Special Document SD208ooo2
Amount Requested:
$1,125,172
Exhibits:
TGLO Project Cooperation A2reement
Budtweted Item:
YES
NO X
SUMMARY &RECOMMENDAftON
The City of La Porte has received a grant from the Texas General Land Office (TGLO) to partially
fund the Sylvan Beach Shoreline Protection and Beach Nourishment Project through the Coastal Erosion
Planning and Response Act (CEPRA). The project is expected to cost $2,525,172, with the TGLO paying
$1,400,000 or 55% of the project, and the City of La Porte paying $1,125,172, or 45% percent of the total
estimated cost of the project.
Harris County has agreed in principle, to pay one.half of the cost of the City's share of the project,
amounting to $562,586, with the City's share also being $562,186. This agreement is solely between the
TGLO and the City of La Porte as the Qualified Project Partner for the project. Harris County will provide its
share of the funding through its FY2oo8 budget process. City Council will be asked to approve an Interlocal
Agreement with Harris County for its share of the funding shortly.
The City of La Porte's share of funding will be accomplished through several funds and sources that
are available. Funds have been allocated from the HotellMotel Fund in the amount of $120,600 for this
project. In addition, there are $111,397 available in the Sylvan Beach Pier excess revenue accrn.mt that is
earmarked for Sylvan Beach Park improvements, that can be added for a total connnitted funding of
$231,997. The remainder of the City's share in the amount of $330,189 win be taken from Special Revnue
Funds. Any costs exceeding the estimated budget for this project will require an amendment to this
agreement with the TGLO.
Staff reconnnends approval of the agreement to protect the Sylvan Beach Park shoreline from future
deterioration and to restore the historic beach to Sylvan Beach This project will have a tremendous positive
recreational as well as economic impact on our city.
Action Reouired bv Council:
Co' royal of: AN ORDINANCE APPROVING AND AUTHORIZING A PROJECT COOPERATION
REE BETWEEN THE CITY OF LA PORTE AND THE TEXAS GENERAL LAND OFFICE TO
ROVIDE ONSTRUCTION, CONSTRUCTION MONITORING, AND ADMINISTRATIVE SERVICES FOR THE
SYLVAN EACH SHORELINE PROTECTION AND BEACH NOURISHMENT PROJECT ACCORDING TO THE
T S THE AG EMENT PROVIDED.
Iln;t9
Date
ORDINANCE NO. 2008-&1
AN ORDINANCE APPROVING AND AUTHORIZING A PROJECT COOPERATION
AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS GENERAL LAND
OFFICE TO PROVIDE CONSTRUCTION, CONSTRUCTION SERVICES, AND
ADMINISTRATIVE SERVICES FOR THE SYLVAN BEACH SHORELINE PROTECTION
AND BEACH NOURISHMENT PROJECT ACCORDING TO THE TERMS OF THE
AGREEMENT PROVIDED; APPROPRIATING $1,125,172 TO FUND SAID AGREEMENT;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract, agreement, or
other undertaking described in the title of this ordinance, a copy of which is on file in the office of
the City Secretary. The City Manager is hereby authorized to execute such document and all related
documents on behalf ofthe City of La Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal ofthe City to all such documents. The City Council appropriates
the sum not to exceed $1,125,172 for the project identified herein, from the 001 General Fund and
002 Special Revenue Fund, to fund the City's share of said Agreement.
Section 2. The City Council officially finds, determines, recites, and declares that a
sufficient written notice ofthe date, hour, place, and subject ofthis meeting ofthe 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.
Page 1 of2
Section 3. This Ordinance shall be effective from and after its passage and approval> and it is
so ordered.
PASSED AND APPROVED, this 28m day of JANUARY 2008.
CITY OF LA PORTE
~LY~
By:
Alton E. Porter,
Mayor
ATTEST:
LfrJlfUj~
Martha Gillett,
City Secretary
APPROVED AS TO FORM:
U/d r MA~~
Clark T. Askins,
Assistant City Attorney
Page 2 of2
We are dedicated to the provision and management of superior parks and recreational facilities,
innovative programs, and services which will provide our customers with pleasure and enrichment.
Parks & Recreation Department
January 29, 2008
Established 1892
Ms. Judy Coover, Senior Contract Specialist
Texas General Land Office
Legal Services Division - Mail Code 158
P.O. Box 12873
Austin, 1)( 78701-1495
Re: Letter of Transferral
Texas General Land Office
Contract No. 08-090-000
Dear Ms. Coover:
Enclosed, please find the executed documents approving the above referenced contract and
Special Document for the City of La Porte, as well as the approving Ordinance No..j2008-3061,
approved January 28, 2008.
As you indicated in your letter to me, please return a copy after the execution process is
complete. We are really excited about seeing this project come to fruition. If there are questions or
if I can be of further assistance, please do not hesitate to contact me at 281.470.5136 or by email
at barrs@ci.la-porte.tx.us.
c:
Dennis Rocha, Project Administrator
Page 1 of 1
1322 South Broadway
La Porte, Texas 77571
Telephone: (281) 470-7275
Facsimile: (281) 470-1361
parksandrec@cUa-porte.tx.us
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JERRY PATTERSON, COM.MISSIONER
February 4,2008
Mr. Stephen L. Barr
Parks and Recreation Department
City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77571-6215
RE: General Land Office Contract No. 08-090-000
Dear Mr. Barr:
Enclosed for your files is one fully executed, originally signed Contract, along with the
applicable Special Document, between the City of La Porte and the General Land Office, as
referenced above.
If you have any questions, please do not hesitate to contact me at (512) 475-2225, or via
electronic mail at judy.coover@glo.state.tx.us.
Sincerely,
J dy Coover - Sr. Contract Specialist
egal Services Division
JC/jc
enclosures
Judy Coover - Senior Contract Specialist
Texas General Land Office
Legal Services Division - Mail Code 158
PO BOX 12873
Austin, TX 78711-2873
or
1700 N. Congress Ave. - Mail Code 158
Austin, TX 78701
Stephen F. Austin Building' 1700 North Congress Avenue' Austin, Texas 78701-1495
Post Office Box 12873 . Austin, Texas 7871J-2873
512-463-5001' 800-998-4GLO
,,,,,,'\V.glo.state. tx. us
The State of Texas
AUSTIN, TEXAS
SPECIAL DOCUMENT NO. SD 20080002
COASTAL EROSION PLANNING AND RESPONSE ACT
ST ATE OF TEXAS
~
~
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KNOW ALL MEN BY THESE PRESENTS:
COUNTIES OF TRAVIS and HARRIS
This Special Document memorializes the agreement ("Agreement"), made and entered by virtue of the
authority granted in Section 33.601, et seq., TEX. NAT. RES. CODE ANN., 31 TEX. ADMIN. CODE ~ 15
(Coastal Erosion Planning and Response), et seq., and all other applicable statutes and rules, as the same
may be amended from time to time, and is subject to all applicable regulations promulgated from time to
time.
ARTICLE I. PARTIES AND PURPOSE
1.01. In consideration of the mutual covenants and agreements set forth herein, and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the STATE
OF TEXAS, acting by and through the Commissioner of the Texas General Land Office, on behalf of
the Permanent School Fund (the "State"), hereby grants to the City of La Porte, Texas, whose address
is 604 W. Fairmont Parkway, La Porte, Texas 77571-6215 ("User"), the right to use the surface estate
of certain Permanent School Fund land (the" Premises") for the purposes identified in Article N
below.
1.02. The General Land Office and User entered into a Project Cooperation Agreement, denominated as
GLO Contract No. 08-090-000, ("PCA"), for a coastal erosion response project ("Project" or
"Improvements"), pursuant to the "The Coastal Erosion Planning and Response Act, codified as
Texas Natural Resource Code, Chapter 33, Subchapter H, and the regulations set forth in Texas
Administrative Code, Title 31, Chap. 15, Subchapter B (Coastal Erosion Planning and Response). A
copy of the PCA is attached hereto as Exhibit A and incorporated herein by this reference. The terms
and Conditions of this Agreement are in addition to, and an extension of, the PCA, solely for the
purpose of authorizing the construction of the Project and documenting the right of User to access the
Premises after completion of the coastal erosion response Project created pursuant to the PCA in
order to conduct required and necessary maintenance of the subject Project for a ten (10) year period.
ARTICLE II. PREMISES
2.01. The Premises consists of approximately ten thousand (10,000) square feet of state-owned submerged
land located in State Tracts 123 and 213, and more fully described in Paragraph 1.01 of the PCA,
which description is incorporated herein by reference; and depicted on Attachment A thereof.
Special Document 20080002 - 5 pages
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2.02. USER HAS INSPECTED THE PHYSICAL AND TOPOGRAPHIC CONDITION OF THE PREMISES AND
ACCEPTS SAME "AS IS" IN ITS EXISTING PHYSICAL AND TOPOGRAPHIC CONDITION. USER IS NOT
RELYING ON ANY REPRESENTATION OR WARRANTY OF THE STATE REGARDING ANY ASPECT
OF THE PREMISES, BUT IS RELYING ON USER'S OWN INSPECTION OF THE PREMISES. THE STATE
DISCLAIMS ANY AND ALL WARRANTIES OF HABITABILITY, MERCHANTABILITY, SUITABILITY,
FITNESS FOR ANY PURPOSE, AND ANY OTHER WARRANTY WHATSOEVER NOT EXPRESSLY SET
FORTH IN THIS AGREEMENT. THE STATE AND USER HEREBY AGREE AND ACKNOWLEDGE THAT
THE USE OF THE TERMS "GRANT" AND/OR "CONVEY" IN NO WAY IMPLIES THAT THIS AGREEMENT
OR THE PREMISES ARE FREE OF LIENS, ENCUMBRANCES AND/OR PRIOR RIGHTS. USER IS HEREBY
PUT ON NOTICE THAT ANY PRIOR GRANT AND/OR ENCUMBRANCES MAYBE OF RECORD AND USER
IS ADVISED TO EXAMINE ALL RECORDS OF THE STATE AND COUNTY IN WHICH THE PREMISES IS
LOCATED. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS
AGREEMENT.
ARTICLE Ill. TERM
3.01. This Agreement shall continue for a term often (10) years from the effective date of the PCA, unless
renewed or earlier terminated for any reason by the State, in its sole discretion.
ARTICLE IV. USE OF THE PREMISES
4.01. The Premises shall be used solely for the continued maintenance of the coastal erosion response
project created by the PCA and for no other purpose. The Premises are to remain in their current
topographical and hydrologic condition, unless the modification is pursuant to and in accordance
with the terms of the PCA. User is specifically prohibited from modifying the Premises in any
manner not authorized herein, and from using, or allowing the use by others of the Premises for any
other purpose.
4.02. The State reserves the exclusive right to grant easements, rights-of way and/or other grants of interest
authorizing use of the Premises. User shall permit the State's agents, representatives, and employees
to enter into and on the Premises at all reasonable times for the purpose of inspection and any other
reasonable purpose necessary to protect the State's interest in the Premises.
4.03. The following conditions shall apply to the use of the Premises during the term of this Agreement
("Conditions") :
(A) Upon completion of construction, User shall submit to the Upper Coast GLO Field Office at La
Porte, Texas, ("Field Office") verification that the Project was constructed as authorized. The
Field Office, in coordination with CEPRA or GLO Coastal Resources staff, shall conduct an
inspection of the Project to confirm its completion and to verifY compliance with PCA
requirements. User will be notified and required to correct any non-compliant features of the
Project.
(B) User shall perform required and necessary maintenance of the Project and shall submit annual
reports to the Field Office, verifYing the Project is being maintained. The Field Office, in
coordination with CEPRA staff, may determine at any time that monitoring and maintenance of
the Project is no longer necessary and may recommend that this Agreement be terminated.
(C) If the Field Office, in coordination with CEPRA or GLO Coastal Resources staff, determines
that the Project is not being maintained as required or as needed, the User will be notified and
Special Document 20080002 - 5 pages
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required to correct the issue or to remove the Project and restore the site to pre-Project
conditions if the non-compliant condition cannot be remedied or repaired.
(D) If there is any unforeseen significant adverse impact caused by the Project, the User may be
required to remove the Project and to restore the site to pre-project conditions if the non-
compliant impact cannot be remedied or repaired.
(E) If the Project remains in place at the end of the term of this Agreement, the term and
maintenance requirement may be extended for an additional ten (10) year term, ifnecessary.
(F) If User shall be responsible for the removal of the Improvements pursuant to the foregoing
terms or, if the Improvements should fail or cease to fulfill the purposes of the Project, User
shall restore the Premises to their pre-Project condition and configuration at User's cost.
(1) To assure adequate funding for removal of the Improvements and restoration of the
Premises, prior to initiating construction of any Improvements related to or
necessary for the Project, the User shall deposit with the State a removal deposit.
At the User's option, the removal deposit may be:
(a) A bond (from an issuer with an A.M. Best's Rating of not less than A);
(b) An irrevocable letter of credit from a bank;
(c) A cash deposit; or
(d) Any other form of security that may be mutually agreed upon by the parties.
(2) The removal deposit shall be an amount sufficient to cover the estimated cost of
removal of the Improvements and the restoration of the Premises. The User, with
approval from the State, shall determine the removal deposit amount based on the
type and quantity of Improvements the User intends to install according to the
project plan.
(3) The State reserves the right, at any time, to review the removal deposit, ascertain the
adequacy thereof, and require any necessary adjustment to the amount of the
removal deposit, such that the removal deposit continues to cover the costs of
restoration and removal of the Improvements.
(4) Failure to (i) obtain approval of the required removal deposit, (ii) post the required
removal deposit prior to construction of the Improvements, or (iii), increase the
removal deposit within ninety (90) days of receipt of notice by the State in the event
an adjustment in the removal deposit is required may be construed as an Event of
Default.
(5) If State determines that the Improvements must be removed, or in case of default or
termination, and the User fails to remove the Improvements according to the terms of
this Lease, the State may use the removal deposit to fund the restoration costs and
the actual and reasonable costs of removal of such Improvements.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Special Document 20080002 - 5 pages
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ARTICLE V. ASSIGNMENTS
5.01. This Agreement and the uses allowed hereunder shall not be assigned by User.
ARTICLE VI. PROTECTION OF NATURAL AND mSTORICAL RESOURCES
6.01. User shall comply with all applicable rules and regulations of the General Land Office and other
governmental agencies responsible for the protection and preservation of public lands and waters,
including those relating to pollution. In the event of pollution or an incident that may result in
pollution of the Premises or adjacent property which is the result of User's (or User's employees,
contractors, invitees and agents) acts or omissions, User shall immediately notify the State, use all
means reasonably available to recapture any pollutants which have escaped or may escape, and
mitigate for any and all natural resources damages caused thereby.
6.02. USER IS EXPRESSLY PLACED ON NOTICE OF THE NATIONAL HISTORICAL
PRESERVATION ACT OF 1966, (PB-89-66, 80 STATUTE 915; ~470) AND THE ANTIQUITIES
CODE OF TEXAS, CHAPTER 191, TEX. NAT. RES. CODE ANN. (VERNON 2000 SUPP.). IN THE
EVENT THAT ANY SITE, OBJECT, LOCATION, ARTIFACT OR OTHER FEATURE OF
ARCHEOLOGICAL, SCIENTIFIC, EDUCATIONAL, CULTURAL OR HISTORIC INTEREST IS
ENCOUNTERED DURING ANY ACTIVITY ON THE PREMISES, USER WILL IMMEDIATELY
CEASE SUCH ACTIVITIES AND WILL IMMEDIATELY NOTIFY STATE AND THE TEXAS
HISTORICAL COMMISSION, P.O. BOX 12276, AUSTIN, TEXAS 78711, SO THAT ADEQUATE
MEASURES MAY BE UNDERTAKEN TO PROTECT OR RECOVER SUCH DISCOVERIES OR
FINDINGS, AS APPROPRIATE.
ARTICLE VII. INDEMNITY
7.01. USER SHALL BE FULLY LIABLE AND RESPONSIBLE FOR ANY DAMAGE, OF ANY NATURE,
ARISING OR RESULTING FROM ITS OWN ACTS OR OMISSIONS RELATED TO ITS
EXERCISE OF THE RIGHTS GRANTED HEREIN. USER AGREES TO AND SHALL
INDEMNIFY AND HOLD THE STATE, THE STATE'S OFFICERS, AGENTS, AND EMPLOYEES,
HARMLESS FROM AND AGAINST CLAIMS, SUIT, COSTS, LIABILITY OR DAMAGES OF ANY
KIND, INCLUDING STRICT LIABILITY CLAIMS, WITHOUT LIMIT AND WITHOUT REGARD
TO CAUSE OF THE DAMAGES OR THE NEGLIGENCE OF ANY PARTY, EXCEPT FOR THE
CONSEQUENCES OF THE NEGLIGENT ACTS OR WILLFUL MISCONDUCT OF THE STATE,
THE STATE'S OFFICERS, AGENTS, EMPLOYEES, OR INVITEES, ARISING DIRECTLY OR
INDlRECTL Y FROM USER'S USE OF THE PREMISES (OR ANY ADJACENT OR CONJ'IGUOUS
PERMANENT SCHOOL FUND LAND) OR FROM ANY BREACH BY USER OF THE TERMS
CONTAINED HEREIN. THE PROVISIONS OF THIS SECTION SHALL SURVIVE EXPIRATION
OR EARLIER TERMINATION OF THIS AGREEMENT.
ARTICLE VIII. PROPERTY REMOVAL AND TAXES
8.01. Upon termination of this Agreement, User shall remove its personal property from the Premises
within thirty (30) days thereafter. THE TERMS OF THIS SECTION SHALL SURVIVE EXPIRATION
OR EARLIER TERMINATION OF THIS AGREEMENT.
8.02. USER AGREES TO AND SHALL PROTECT AND HOLD THE STATE HARMLESS FROM
LIABILITY FOR ANY AND ALL TAXES, CHARGES, AND ASSESSMENTS, TOGETHER WITH
ANY PENALTIES AND INTEREST THEREON, AND FROM ANY SALE OR OTHER
PROCEEDING TO ENFORCE PAYMENT THEREOF.
ARTICLE IX. MISCELLANEOUS PROVISIONS
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9.01. No provision of this Agreement shall be construed in such a way as to constitute the State and User
joint venturers or co-partners, other than to the extent provided for in the PCA, or to make User the
agent of the State or make the State liable for the debts of User.
9.02 In the event any provision of this Agreement is more restrictive than any administrative rule
promulgated by the General Land Office and/or the School Land Board, this Agreement shall
control.
9.03 Notices under this Special Document shall be delivered in the same manner and to the
addresses as provided in the PCA.
THE ST TE OF TEXA~
Y E. P TTERSON
issio r, General Land Office
By:
IN TESTIMONY WHEREOF, WITNESS OUR HAND
Datc~"
Ron 80 HDrvP
C '. (Printed Name)
I +V Jtt/fA)tkh~
/ (Titl!)
J I Z,~D"
Date:
APPR01ED:
~Legal:
C"""l'~_ ~~~~ E,~"ti.~
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF t-hrris
s
s
s
This instrument was acknowledged before me on the aWl- day of Stn..:v.4.ry
by,..,.'.i.i.....i. ;~~r:'/~,~,'2t""'h;, ~"","M\. AT1 A" I /) . J
. '.."'....."', /',.,{......,.....'..'''';3 iFq) i,./,.ht!,.."if -/1 t~ ~.J4
//Vf}liJF]~ /'l;/i,tZfiDYfiip:t
,20 D ~,
~~1ft,.~~m
MY' COrTlItilSSlc)HExplres
August 22. 2009
Notary Public, State of 5 ~aS
My commission expires: ~,/ L'"2 --;J.1J oc:J
Information collected by electronic mail and by web form is subject to the Public Information Act,
Chapter 552. Government Code.
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Special Document 20080002 - 5 pages . . . . . . . .
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EXHIBIT A
TO
SPECIAL DOCUMENT No. 20080002
COpy OF PROJECT COOPERATION AGREEMENT
GLO CONTRACT No. 08-090-000
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PROJECT COOPERATION AGREEMENT
FOR FINAL DESIGN, BIDDING AND CONSTRUCTION FUNDING
FOR
Sylvan Beach Shoreline Protection and Beach Nourishment
CEPRA PROJECT NO. 1404
GLO CONTRACT No. 08-090-000
This Project Cooperation Agreement (Agreement) is made and entered into by and
between the General Land Office (GLO) and the City of La Porte, Texas (Qualified Project
Partner), pursuant to the Coastal Erosion Planning and Response Act, TEX. NAT. REs. CODE ANN.
9933.601-12 ("Act").
WHEREAS, pursuant to the Act, the GLO is authorized to implement a program of
coastal erosion avoidance, remediation, and planning and will undertake coastal erosion studies,
demonstration projects, and response projects in conjunction with Qualified Project Partners; and
WHEREAS, upon the receipt of legislative appropriations, funds may be expended from
the Coastal Erosion Response Account (Account) to finance erosion response activities
authorized by the Act and approved by the Commissioner of the GLO; and
WHEREAS, the Qualified Project Partner submitted a Project Goal Summary proposing
a shoreline protection and beach nourishment project approximately 1,700 feet long on the Gulf
shoreline of Sylvan Beach; and
WHEREAS, the GLO has determined that the project should receive funding from the
Account; and
WHEREAS, this Agreement and all attachments hereto (collectively, the Agreement)
shall set forth the terms and conditions under which an erosion response project will be
completed and funded;
NOW THEREFORE, in consideration of the benefits to the State of Texas, the GLO and
the Qualified Project Partner enter into this Agreement and hereby agree as follows:
I. EROSION RESPONSE PROJECT.
1.01. PROJECT DESCRIPTION. The parties agree to address the erosion problem at
Sylvan Beach by construction of an armored shoreline approximately 1,700 feet in length, to
include approximately 1,000 feet of beach nourishment fill along the Galveston Bay shoreline of
Sylvan Beach at La Porte, Harris County, Texas (Project). The approximate Project area,
GLO Contract No. 08-090-000
Page 1 of 5
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estimated to be ten thousand (10,000) square feet, more or less, is shown on the map attached
hereto and incorporated herein for all purposes as Attachment A. The exact placement of the
Project will be determined in the design phase of the Project. The Project will include proceeding
to final design, bidding, and construction of the Project; including engineering, permitting,
developing bidding specifications, bidding support, and contracting for construction of the
shoreline protection and beach nourishment proj ect.
1.02. TASKS. The parties shall complete the Project in accordance with the Project Work
Plan, attached hereto and incorporated herein for all purposes as Attachment B.
1.03. PROJECT BUDGET. The parties agree that all expenses associated with the
performance of this Agreement will be paid in accordance with the Budget, attached hereto and
incorporated herein for all purposes as Attachment C, in an amount not to exceed the sum of
Two MILLION FIVE HUNDRED TWENTY-FIVE THOUSAND ONE HUNDRED SEVENTY-TWO
DOLLARS ($2,525,172.00). The amount payable from the Account under this Agreement shall not
exceed ONE MILLION FOUR HUNDRED THOUSAND DOLLARS ($1,400,000.00). In the event the
parties agree that additional tasks and/or funds are required for the completion of the Project, the
parties shall execute an amendment to this Agreement.
II. TERM.
2.01. DURATION. This Agreement shall be effective as of the date the signed by the last
party, and shall terminate on August 31, 2009, unless extended by mutual agreement or
terminated earlier, as provided below.
2.02. EARL Y TERMINATION. This Agreement may be terminated by either party by
giving written notice specifying a termination date at least thirty (30) days subsequent to the date
of the notice.
2.02. DISPUTE RESOLUTION. If a contract dispute arises that cannot be resolved to the
satisfaction of the parties, either party may notify the other party in writing of the dispute. If the
parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the written
notification, either party may request that the issue(s) be mediated. In the event that the parties
agree to mediation, the GLO shall so notify the Qualified Project Partner and furnish the Qualified
Project Partner with the names of three (3) mediators acceptable to the GLO. Within ten (10) days
of such notice, the Qualified Project Partner shall select a mediator from the list provided by the
GLO and notify the GLO. The mediation shall occur within thirty (30) days of such notification.
Prior to the mediation, each party will provide the mediator with a statement of issues to be
mediated, along with any other information or releases required by the mediator. Cost of the
mediator shall be borne equally by the parties. Any dispute resolution shall be conducted in
accordance with TEX. GOv'T CODE ANN., Chapter 2260.
III. FUNDING.
3.01. PARTNER MATCH. a. The Qualified Project Partner shall be responsible for at least
forty-five percent (45%) of the shared project costs as set forth in this Agreement (Partner
GLO Contract No. 08-090-000
Page 2 of 5
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Match) and may be subject to a Partner Match exceeding this minimum amount. The Qualified
Project Partner acknowledges that costs incurred by the Qualified Project Partner before
entering into this Agreement and expenditures not in accordance with the Project Budget
in Attachment B may not be used to offset the Partner Match.
b. In-kind goods or services provided by the Qualified Project Partner after entering into
this Agreement may be used to offset the Qualified Project Partner's shared costs for the project
provided the Qualified Project Partner presents the GLO with reasonable basis for estimating the
monetary value of those goods or services. For an in-kind Partner Match, valuing and
accounting determinations should be provided to the GLO within thirty (30) days of construction
bid posting with Texas Marketplace, and include a description of the Partner Match, how it is to
be provided, and a time line for providing it over the course of the Agreement. All in-kind
Partner Match determinations are subject to the review and approval of the GLO. The decision to
allow any in-kind goods or services to offset cost-sharing requirements is in the sole discretion of
the GLO. All in-kind Partner Match requirements must be accounted for before the expiration of
this Agreement.
c. For the cash Partner Match, a sum equal to forty-five percent (45%) of the prior
month's Project expenses shall be due each month. This match contribution should be submitted
to:
Texas General Land Office
Coastal Erosion Planning and Response Act (CEPRA)-MATCH
Mail Code 151
P.O. Box 12873
Austin, TX 78711-2873
Attn: Dianna Gordon
3.02. ALTERNATIVE SOURCE FUNDING. The parties agree to continue to work
cooperatively to investigate and secure funding from sources other than the Account. Alternative
sources of funding acquired by the Qualified Project Partner after the execution of this
Agreement may be used to meet the Partner Match.
3.03. APPROPRIATIONS. This Contract shall not be construed as creating any debt on behalf
of the State of Texas and/or the GLO in violation of TEX. CONST. art. III, 949. In compliance with
TEX. CONST. art. VIII, 96, it is understood that all obligations of the GLO are subject to the
availability of funds.
3.04. AUDIT. The GLO reserves the right to audit any Qualified Project Partner account related
to the subject project and to verify any expense item submitted for reimbursement by the Qualified
Project Partner, who will permit the GLO to inspect, and will make available for inspection, any and
all pertinent records, files, information, and other written materials pertaining to the expenditure of
funds on the Alternatives Evaluation and/or the Project. The Qualified Project Partner further
agrees to maintain, keep, and preserve at its principal office all such records, and all other records
associated with this Agreement, for a period of four (4) years following the completion or
termination of this Agreement and to make the same available to the GLO or other agencies of the
state or federal government for purposes of audit.
GLO Contract No. 08-090-000
Page 3 of 5
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IV. MISCELLANEOUS PROVISIONS.
4.01. OTHER LAW. Incorporated by reference the same as if specifically written herein are
the rules, regulations, and other requirements imposed by law, including but not limited to
compliance with those pertinent statutes, rules, and regulations of the State of Texas and those of
federal agencies providing funds to the State of Texas, all of which shall apply to the performance
of the services hereunder.
4.02. PARTNER COMPLIANCE. This paragraph applies only to a local governmental entity
subject to the provisions of the Open Beaches Act, TEX. NAT. REs. CODE ANN. Chapter 61 and the
Dune Protection Act, TEX. NAT. REs. CODE ANN. Chapter 63. The Qualified Project Partner
acknowledges that it will reimburse the Account for any costs to the erosion response project,
whether in the form of increased project costs or decreased benefits, resulting from any action or
activity which has occurred or is occurring that is not in compliance with the relevant local
beach/dune planes).
4.03. POINTS OF CONTACT.
a. The GLO's point of contact for this Agreement shall be:
Mr. Dennis Rocha, Proj ect Manager
Texas General Land Office
P.O. Box 12873
Austin, Texas 78711-2873
TEL: (512) 475-1412/ FAX: (512) 463-5233
dennis.rocha@glo.state.tx.us
b. The Qualified Project Partner's point of contact for this Agreement shall be:
Mr. Stephen L. Barr, Parks and Recreation Dep't.
City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77571-6215
TEL: (281) 470-5136/ FAX: (281) 470-1361
4.04. NOTICES. Any notice required or permitted to be delivered under this Agreement shall
be deemed delivered when deposited in the United States mail, postage prepaid, certified mail,
return receipt requested, addressed to the point of contact for the GLO or the Qualified Project
Partner at the address set forth in Section 4.03 of this Agreement.
4.05. VENUE. This Agreement shall be governed and construed in accordance with the laws
of Texas. Venue of any suit brought for breach of this Agreement is fixed in any court of
competent jurisdiction in Travis County, Texas; provided, however, the foregoing shall not
be construed as a waiver of sovereign immunity by the GLO.
GLO Contract No. 08-090-000
Page 4 of 5
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4.06. SEVERANCE. Should anyone or more provisions of this Agreement be held to be
void, voidable, or for any reason whatsoever of no force and effect, such provision(s) shall be
construed as severable from the remainder of this Agreement and shall not affect the validity of
all other provisions of this Agreement, which shall remain of full force and effect.
4.07. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the
parties. No other agreement, statement, or promise that is not contained in this Agreement shall
be binding except a subsequent written modification sigt! y bo h parties.
~1-J uC
Date of execution:
GENERAL LAND OFFICE
~
Larry L. Laine, Chief Clerk!
Deputy Land Commissioner
Date of execution:
~'A~.
1. ~
G.
GLO Contract No. 08-090-000
Page 5 of5
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ATTACHMENT A
GLO CONTRACT No. 08-090-000
PROJECT LOCATION MAP
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Attachment A ._
Contract No () <i ::OgO-Ooo
Page --'- of _I
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PROJECT LOCATION
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Sylvan Beach Shoreline Protection and Beach Nourishment Project
(CEPRA Project #1404)
Project Location Map
Texas General Land Office j
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A TT ACHMENT B
GLO CONTRACT No. 08-090-000
PROJECT WORK PLAN
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Attachment B
Contract No. 08-090-000
Page 1 of 1
SYL VAN BEACH SHORELINE PROTECTION & BEACH NOURISHMENT
CEPRA PROJECT No. 1404
ENGINEERING DESIGN AND CONSTRUCTION WORK PLAN
1. To address erosion at Sylvan Beach, the GLO shall:
a. Identify, document, and confer with the Qualified Project Partner, the location
and extent of the project area.
b. Confirm with the Qualified Project Partner, the preferred alternative(s) for
erosion response at the project site.
c. Contract with a professional services provider to:
document and survey existing conditions as required
verify that all permit requirements have been met;
complete final design and construction drawings as needed;
estimate construction costs;
provide plans, specifications and competitive sealed proposal package;
provide construction solicitation and procurement assistance;
perform construction management; and
conduct post-project closeout program.
d. Procure construction contractor through the competitive sealed proposal
process for construction services.
e. Estimate total project costs and cost-sharing requirements.
f. Provide financial point of contact.
2. To address erosion at Sylvan Beach, the Qualified Project Partner shall:
a. Confer with the GLO, the location and extent of the project area.
b. Confer and cooperate with the GLO on the selection of the professional
service provider, selection of preferred alternative, development of a scope of
work, and development of a construction plan.
c. Confer and cooperate with the GLO with procuring a construction contractor.
d. Identify, document, and coordinate with the GLO any in-kind services that
will count toward the cost-sharing requirement under this Agreement:
labor;
contractual;
volunteers;
equipment; and
supplies.
e. Provide financial point of contact.
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ATTACHMENT C
GLO CONTRACT No. 08-090-000
PROJECT BUDGET
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BUDGET
Sylvan Beach Shoreline Protection and Beach Nourishment Project
CEPRA Project NO. 1404
Attachment C-.
Contract NooB -oqo~OOo
Page .-1. of I
PROJECT COSTS
CONTRACTUAL AMOUNT
Task 1. Engineering Design Update, Bidding Services, Project Construction and
Construction Management $2,525,172.00
Subtotal $2,525,172.00
TOTAL PROJECT COST NOT TO EXCEED $2,525,172.00
COST SHARING SUMMARY
QUALIFIED PROJECT PARTNER (QPP): 45% of total project costs
QPP Cash Commitment (City of LaPorte, Harris County) $1,125,172.00
QPP In-kind Commitment $0.00
QPP's TOTAL CONTRIBUTION* $1,125,172.00
CEPRA: 55% of total project costs
CEPRA's TOTAL CONTRIBUTION $1,400,000.00
TOTAL PROJECT CONTRIBUTIONS $2,525,172.00
* Please specify when using historically underutilized business as required by state law.
1404 peA Budget Page.xls
11/28/20078:21 AM
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
J-p 2008
Requested By: Michael Dolby
Department: Finance
Report:
Resolution:
Ordinance:
xx
Exhibits: Ordinance 2007-3024-E
Exhibits: Excerpt from FY 2008 Adopted Budget
& Amended Budget (Exhibit A & B)
Source of Funds: N/A
Appropriation
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: YES
Exhibits: Explanations / Backup for Amendment
NO
SUMMARY & RECOMMENDATION
The City Council adopted the Fiscal Year 2007-08 Budget on August 27,2007.
The Summary of Funds, which is shown below, represents the amendments which council previously approved to
the FY 2007-08 Budget. (*denotes funds with current changes)
General Fund
Grant Fund
Street Maintenance Sales Tax Fund
Community Investment
Hotel/Motel Occupancy Tax
La Porte Development Corporation
Tax Increment Reinvestment Zone
Utility
Sylvan Beach
Airport
La Porte Area Water Authority
Golf Course
Motor Pool
Insurance Fund
Technology Fund
General Capital Improvement
Utility Capital Improvement
Sewer Rehabilitation Capital Improvement
2000 General Obligation Bond Fund
2005 Certificate of Obligation Bond Fund
2006 General Obligation Bond Fund
2007 Certificate of Obligation Bond Fund
Transportation & Other Infrastructure Fund
General Debt Service
Utility Debt Service
La Porte Area Water Authority Debt Service
Total of All Funds
Previously
Original Budget Amended Budget
$ 30,010,812
1,036,356
1,004,178
233,120
556,540
971,565
1,600,185
8,038,354
274,158
23,396
1,717,760
1,304,138
1,529,323
4,881,080
1,211,065
955,000
935,000
350,000
54,465
60,000
49,478
305,261
200,000
3,477,278
479,105
758,531
$ 62,016,148
$ 30,044,216
1,068,648
1,004,178
233,120
556,540
971,565
1,600,185
8,038,354
274,158
23,396
1,717,760
1,304,138
1,756,727
4,881,080
1,221,865
991,538
935,000
350,000
54,465
60,000
49,478
305,261
200,000
3,477,278
479,105
758,531
$ 62,356,586
Proposed
Amended Budget
$30,179,216 *
1,072,949 *
1,004,178
233,120
556,540
971,565
1,600,185
8,038,354
274,158
23,396
1,717,760
1,304,138
1,756,727
4,881,080
1,221,865
1,126,538 *
935,000
350,000
54,465
60,000
49,478
305,261
200,000
3,477,278
479,105
758,531
$ 62,630,887
Action Required bv Council:
Adopt Ordinance Amending Fiscal Year 2007-08 Budget for:
A. $135,000 in the General Fund for a transfer to the General CIP Fund for the Drainage Study.
B. $135,000 in the General CIP Fund for the Drainage Study.
C. $4,301 in the Grant Fund for Texans Feeding Texans: Home Delivered Meal Grant Program.
Date
Jl" ~PJ
ORDINANCE NO. 2007 -3024-E
AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE,
TEXAS, FOR THE PERIOD OF OCTOBER 1,2007 THROUGH SEPTEMBER 30, 2008; FINDING THAT
ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND
PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that
an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the
beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said
Budget; and
WHEREAS, the Budget for the fiscal year October 1,2007, through September 30,2008, has heretofore
been presented to the City Council and due deliberation had thereon, was filed in the office of the City
Secretary on July 23,2007, and a public hearing scheduled for August 27,2007 was duly advertised and
held.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for
consideration, a complete copy of which is on file with the City Secretary and a summary of which is
attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget
summary document, attached hereto by reference as Exhibit "B", as the Budget for the said City of La
Porte, Texas, for the period of October 1,2007, through September 30,2008.
SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and
necessary to the adoption of said Budget have been performed as required by charter or statute.
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 in effect from and after its passage and approval.
PASSED AND APPROVED this theJ.ri'day of IT/1A)VIlrY ,2008.
crr~~ LA POR!.E, vS
~~.l~-
Alton Porter, Mayor
ATTEST:
~0~
Martha illett, City ecretary
APP~D:
~ ~T If~
rk Askins, Assistant City Attorney
EXHIBIT A
(ORIGINAL BUDGET)
City of La Porte
Consolidated Summary of All Funds
FY 07-08 FY 07-08
Revenues Expenses
Governmental Fund Types:
General Fund 30,010,812 30,010,812
Grant Fund 1,036,356 1,036,356
Street Maintenance Sales Tax 726,535 1,004,178
Community Investment 217,358 233,120
Hotel/Motel Occupancy Tax 530,020 556,540
Section 4B Sales Tax 1,871,847 971,565
Tax Increment Reinvestment 1,621,438 1,600,185
Total Governmental Types 36,014,366 35,412,756
Enterprise:
Utility 7,863,720 8,038,354
Sylvan Beach 250,280 274,158
Airport 55,906 23,396
La Porte Area Water Authority 1,295,846 1,717,760
Golf Course 1,121,404 1,304,138
Total Enterprise 10,587,156 11,357,806
Internal Service
Motor Pool 2,028,711 1,529,323
Insurance Fund 4,883,865 4,881,080
Technology Fund 1,158,764 1,211,065
Total Internal Service 8,071,340 7,621,468
Capital Improvement:
General 66,900 955,000
Utility 600,000 935,000
Sewer Rehabilitation 317,800 350,000
1998 GO Bond Fund 14,100
2000 GO Bond Fund 1,100 54,465
2002 GO Bond Fund 1,500
2004 C/O Bond Fund 13,100
2005 C/O Bond Fund 2,800 60,000
2005 GO Bond Fund 2,300
2006 C/O Bond Fund 10,000
2006 GO Bond Fund 5,000 49,478
2007 C/O Bond Fund 178,000 305,261
Other Infrastructure 51,700 200,000
Total Capital Improvement 1,264,300 2,909,204
Debt Service:
General 3,320,122 3,477,278
Utility 511,950 479,105
La Porte Area Water Authority 758,531 758,531
Total Debt Service 4,590,603 4,714,914
Total All Funds 60,527,764 62,016.148
EXHIBIT B
(AMENDED BUDGET)
City of La Porte
Consolidated Summary of All Funds
FY 07-08 FY 07-08
Revenues Expenses
Governmental Fund Types:
General Fund 30,012,012 30,179,216
Grant Fund 1,040,657 1,072,949
Street Maintenance Sales Tax 726,535 1,004,178
Community Investment 217,358 233,120
Hotel/Motel Occupancy Tax 530,020 556,540
Section 4B Sales Tax 1,871,847 971,565
Tax Increment Reinvestment 1,621,438 1,600,185
Total Governmental Types 36,019,867 35,617,753
Enterprise:
Utility 7,863,720 8,038,354
Sylvan Beach 250,280 274,158
Airport 55,906 23,396
La Porte Area Water Authority 1,295,846 1,717,760
Golf Course 1,121,404 1,304,138
Total Enterprise 10,587,156 11,357,806
Internal Service
Motor Pool 2,028,711 1,756,727
Insurance Fund 4,883,865 4,881,080
Technology Fund 1,158,764 1,221,865
Total Internal Service 8,071,340 7,859,672
Capital hnprovement:
General 238,438 1,126,538
Utility 600,000 935,000
Sewer Rehabilitation 317,800 350,000
1998 GO Bond Fund 14, I 00
2000 GO Bond Fund 1,100 54,465
2002 GO Bond Fund 1,500
2004 C/O Bond Fund 13,100
2005 C/O Bond Fund 2,800 60,000
2005 GO Bond Fund 2,300
2006 C/O Bond Fund 10,000
2006 GO Bond Fund 5,000 49,478
2007 C/O Bond Fund 178,000 305,261
Other Infrastructure 51,700 200,000
Total Capitallmprovement 1,435,838 3,080,742
Debt Service:
General 3,320,122 3,477,278
Utility 511,950 479,105
La Porte Area Water Authority 758.531 758,531
Total Debt Service 4,590,603 4,714,914
Total All Funds 60.704,803 62.630.887
Page 1 of 1
Wolny, Shelley
From: Barr, Stephen
Sent: Wednesday, January 16, 2008 1 :41 PM
To: Bottoms, Ron
Cc: Dolby, Michael; Joerns, John; Wolny, Shelley; Beerman, Karen
Subject: Texans Feeding Texans Home-Delivered Meals Grant
Attachments: texans feeding texans grant info, 01 08.pdf
Hello All
According to Michael, acceptance of these two grants requires approval by City Council.
Therefore we need to do a budget amendment for the above item (see attachment) to
obtain Council approval to accept the grants in the amount of $3949.10 and $352 for a total
of $4301.10 to go toward supplemental food items for the meals for homebound seniors
program. I would like to add it to the January 28th agenda. Thanks to all for your assistance
on this!
Regards,
Stephen
1/16/2008
City of La Porte
Parks & Recreation
Memo
To: Stephen Barr, Director of Parks & Recreation
Michael Dolby, Acting Finance Director
From: Karen Beerman, Special Services Superintendent
Date: January 8, 2008
Re: Texans Feeding Texans Home-Delivered Meals Grant
In September John Joerns received information from Harris County Judge Ed
Emmett about HB 407 which set up a grant program that reimburses organizations
for home-delivered meals served above and beyond the number of meals
reimbursed by Area Agency on Aging. The grant, Texans Feeding Texans Home
Delivered Meals is administered by the Texas Department of Agriculture.
For FY07, we served 8581 HB meals, were reimbursed from AAA for 7126 leaving
718 home delivered meals we were not reimbursed for. I submitted the necessary
information and documentation to Harris County in October. Later that month I
received notice of a grant award for FY08 for $352 from Harris County. This grant is
contingent upon La Porte being awarded a grant from the Texas Department of
Agriculture.
I submitted the certification from Harris County and all other necessary information to
the State and in December received an award letter for a grant of $3,949.10. These
funds must be used to directly supplement or extend existing meal services to the
homebound elderly. I plan to purchase Heater Meals, meal supplements (fruit,
holiday baskets, etc.) in addition to funding the unreimbursed meals for FY08.
At this point, I need to submit an invoice to Harris County for the amount due us from
the county grant ($352).
Michael Dolby indicated the three of us should meet to discuss the grant and how
best to set up the account.
Please advise.
T L -\,- · ':::.
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l' r T) ; n '--" ,1 L ~" ~T n L,~~GRIC.~u! TlT, 1 T, RE'
V -L. ";'.;,-'::...1-\.. 1 .:.. y 1.1-";' '\~ l.U1. .F~ 0_ ,.1 U
TODD STAPLES
COivL\tllSSIONER
RECEIVED
December 17,2007
OICf"' - C',,:,
1.., I", ::, ,
v - '- _".J'"
Ron Bottoms. City ?vlanager
City of La Porte
604 v\'. Fairnlont Ph.:y
La Porte, TX 7"7571
CITY MANAGER'S
OFFICE
Re: Texans Feeding Texans: Home-Delivered !'vleal Grant Program
Application 1\0. 46
Dear ?vIr. Bottoms:
\Ve are pleased to infom1 you that your application to the Texans Feeding Texans: Home
Delivered ~'kal Grant Program has been conditionally approved and that we are able to
offer City of La Pone, in Harris County, a grant of53,949.10. Acceptance of this grant
\vill be conditional on your completion and return of the enclosed Grant Agreement
("Agreement" ).
Please rcvie\\ the Agreement carefully to determine \vhether your agency can meet the
conditions. We will require a Biannual Grant Report to be completed, which includes an
expenditure repo/1 of the grant funds. Grant funds must he used to direcrZ" supplement or
e.r/cnd exisling J)}cal SL'ITices ro homebound persolls rfzea are elderly and/or have a
disahiJily. Grant funds may not be used for the purchase of capital assets. This would
include any equipl11('nt valued at 55.000.00 or more.
Please sign and return both copies of the Agreement to our office by January 7, 2008.
One fully executed copy will then be returned to YOll for your records and one will be
retained in your tIle here at the Texas Department of Agriculture (IDA). Signed
agreements must be received by January 7,2008 in order for TDA to process them and
allow us time to meet our legislated funding deadline of February 1,2008. IfTDA does
not receive your signed Agreement by January 7.2008, your grant will be forfeited and
the money \vill be redistributed to other approved organizations.
In addition to the grant Jgreel11ent. please complete a brief budget outlining how you
inknd to expend these funds. \Ve understand this budget will be an estimate, but it will
~.~;.
!ts~i
FU. [-lox 12S~ - Austin, Tex;ls -8- r ] ('i ] 2) 463--4-6 h,,: (888) 223-8861
For [he HC:lring Imp:JireJ: 18001 -3">-29Sl) (Tn')
,^'V,'W. (J:l.s(;nc. n. us
provide a useful guideline for monitoring purposes. The budget may be completed in a
fonnat of your choice.
Please mail the agreements and proposed budget to either of the following addresses:
Physical Address:
Texas Department of Agriculture
Home Delivered Meal Grant Program
Stephen F. Austin Bldg, Rm # 1125E
Austin, IX 7870 I
Mailing Address:
Texas Department of Agriculture
Home Delivered Meal Grant Program
P.O. Box 128.+7
Austin, TX 78711
\Ve look for\vard to working \vith you throughout the next year and assisting you in the
generous and important work you do for your community. Please do not hesitate to
contact this office at (512) .+ 75-1615 or at Qfants'a:tda.state.tx.us with any questions about
the Texans Feeding Texans: Home Delivered Meal Grant Program.
z/~#
Karen L. Reichek
Grants Coordinator
Texas Department of Agriculture
KR'BLbl
Proposed Budget for Fund Expenditure
City of La Porte Senior Services Center
Expenditure Category Amount
Heater meals to be distributed during hurricane season, holidays, and
as breakfast supplements (32 cases at $41.88 per case of 12 meals) 1,340.00
Meal supplement bags consisting of fresh fruit. cheese, ham, etc. to
be distributed two or three times a year. 1,090.00
App. 700 meals which will not be fully funded by DADS I Harris
County Area Agency on Aging at $2.17 each 1,519.00
Total: 3,949.00
.~
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8~
RECEIVED
OCT 1 5 2007
CITY MANAGERIS
OFFICE
COt- 1\ T Y J L- D G E
October 1 O. ~o(r;,
John Joems
CIty Manager
eny of LaPorte
1322 S. Broadway
LaPorte. TX 7757]
Dear }\1!. Joems:
it is my pleasure to tell you that on October 9, 2007, the Harris County Commissioners Coun voted
unammously to approve the award ofa grant for $352.00 for the City of LaPorte, As you will recall from th~'
grant-apphcatlon packet. payment of this grant is contingent upon LaPorte's being awarded a grant from the
Texas Department of Agriculrure's "Texans Feeding Texans Homebound Meals Program," It IS our hope thaI
the combined State and County grants will help the City of LaPorte serve more meals 10 homebound elderly
persons.
As you !-.:no\-\', the enclosed lener of certification of the award of a County grant qualifies LaPorte to apply fo:.
a larger grant from the State of Texas through the Texas Department of Agriculrure's Texans Feedmg Texan3
Program. The deadline to apply for the State grant is ~ovember L 2007,
:\fter bemg awarded the Texans Feeding Texans grant. please submit an invoice for the amount due to you
fTom your County grant. and enclose a copy of your Texas Department of Agriculture grant award lener. The
County ~'Tant checks will be senl out no earlier than late March. 2008.
Submit your Invoice to the following address:
Rudy Flores
Office of County Judge Ed Emrnen
Harris County
] 00 1 Preston. Suite 911
Houston. Texas 77002
Good lUck on the next step In thIS grant applicanon process,
soc~~
Ed Emmet:
Coun~ Judge
~.- .-/
1:.1:. ~L
D
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested Janua:; 28 2008
Requested By: M. Gillett/Clar Askms
Date:
Report:
Resolution:
Ordinance:
x
~ ..
. I
Exhibits:
Exhibits:
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
Attached for your consideration is the ordinance calling for the regular Annual election of the City of La Porte to be
held on May 10,2008, and calling for a Run-Off Election, if necessary.
J:1~'d
ASKINS & ASKINS,
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE, TEXAS 77572-1218
P.C.
KNOX W. ASKINS
CLARK T. ASKINS
telephone 281.471.1886
telecopier 281.471.2047
knoxaskins@comcast.net
ctaskins@swbell.net
November 6, 2007
Ms. Martha A. Gillett
City Secretary
City of La Porte
City Hall
La Porte, Texas
Re: Agenda Request for January 28, 2008, Meeting.
Dear Martha:
I enclose herewith form of ordinance calling the regular annual
election of the City of La Porte.
The schedule for the annual election, the dates of which are
established by the Texas Election Code, are as follows:
Filing begins:
Filing deadline:
Monday, February 11, 2008
5:00 p.m., Monday, March 10, 2008
Early voting begins:
Monday, April 28, 2008
Early voting Saturday:
Early voting
two 12-hour weekdays:
Saturday, May 3, 2008
Wednesday, April 30, 2008
Tuesday, May 6, 2008
Early voting ends:
Tuesday, May 6, 2008
Election date:
Saturday, May 10, 2008
Canvass election:
Special meeting of City Council on
Monday, May 19, 2008
Runoff election,
if necessary:
Saturday, June 14, 2008
Yours very truly,
~
Knox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosure
ORDINANCE NO. 2008- 3DlP2
AN ORDINANCE CALLING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA
PORTE, CALLING A RUN-OFF ELECTION, IF NECESSARY, DESIGNATING
ELECTION PRECINCTS AND POLLING PLACES, PROVIDING FOR THE USE OF
VOTING MACHINES, APPOINTING ELECTION OFFICIALS, PROVIDING FOR
METHOD AND DATES OF EARLY VOTING, PROVIDING FOR AN EARLY VOTING
BALLOT BOARD, PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID
ELECTION, PROVIDING FOR NOTICE, PROVIDING FOR FILING DEADLINE AND
FILING FEES FOR CANDIDATES, PROVIDING A SAVINGS CLAUSE, 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.
An election shall be held within the corporate
limits of the City of La Porte, Texas, on the 10th day of May,
2008, such day being the second Saturday in May, 2008, between
seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., for the
purpose of electing the following City officials:
Councilperson-at-Large - position B, for a 3 year term
Councilperson--District 1, for a 3 year term
Councilperson--District 6, for a 3 year term
A run-off election, if necessary, shall be held on Saturday,
June 14, 2008, between the same hours.
section 2.
said election shall be held at each of the
following voting places within said city, and the following named
persons are hereby appointed as officers of said election, to-wit:
Election Precinct #1
Polling Place: Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of the Union Pacific Railroad
and UOld" Underwood Road;
THENCE south along Underwood Road to the north boundary line
of the Creekmont subdivision;
THENCE east along the north boundary line of the Creekmont
subdivision to Big Island Slough;
THENCE south along Big Island Slough to Meadow Place as
projected west;
THENCE east along Meadow Place to the west boundary line of
the La Porte Airport;
THENCE north along the west boundary line of the La Porte
Airport to the north boundary line of the La Porte Airport;
THENCE east along the north boundary line of the La Porte
Airport and continue to project east along this same line to
Sens Road;
THENCE north along Sens Road to the Union Pacific Railroad;
THENCE west along the Union Pacific Railroad to Underwood
Road the POINT OF BEGINNING.
Election Officials:
Joeena Davis, presiding Judge
Melody Elledge, Alternate presiding Judge
Election Precinct #2
polling Place:
Baker School (Entry Area)
6000 West Main street
(West Main street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of Underwood Rd. and Spencer
Highway;
THENCE west along Spencer Highway to the west La Porte city
Limit Line west of Luella Blvd;
THENCE south along the west La Porte City Limit Line to
Fairmont Parkway;
THENCE east along Fairmont Parkway to Underwood Rd;
THENCE north along Underwood Rd. to Spencer Highway the POINT
OF BEGINNING.
Election Officials:
Joeena Davis, Presiding Judge
Melody Elledge, Alternate Presiding Judge
2
Election Precinct #3
polling Place:
Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of Underwood Road and the north
boundary line of the Creekmont subdivision;
THENCE south along Underwood Road to Fairmont Parkway;
THENCE east along Fairmont Parkway to Big Island Slough;
THENCE north along Big Island Slough to Spencer Highway;
THENCE east along Spencer Highway to Glen Meadows Drive as
projected south;
THENCE north along Glen Meadows Drive to Meadow Place;
THENCE west along Meadow Place, as proj ected west to Big
Island Slough;
THENCE north along Big Island Slough to the north boundary
line of the Creekmont subdivision;
THENCE west along the north boundary of the Creekmont
subdivision to Underwood Road the POINT OF BEGINNING.
Election Officials:
Joeena Davis, presiding Judge
Melody Elledge, Alternate presiding Judge
Election Precinct #4
Polling Place: La Porte City Hall (Council Chambers)
604 West Fairmont Parkway
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of the Union Pacific Railroad
and Sens Road;
THENCE south along Sens Rd. to the north boundary of the La
Porte Airport as projected east;
3
THENCE west along the projected north boundary line of the La
Porte Airport to the east boundary line of the Airport;
THENCE south along the east boundary line of the La Porte
Airport to Spencer Highway;
THENCE east along Spencer Highway to the Union Pacific
Railroad;
THENCE south along the Union Pacific Railroad to Fairmont
Parkway;
THENCE east along Fairmont Parkway to South Broadway (Old Hwy
146) ;
THENCE north along South Broadway to East "G" st.;
THENCE northeasterly along East "G" st. to South Iowa;
THENCE northwesterly along South Iowa to East "F" st.;
THENCE northeasterly along East "F" st. to South Ohio;
THENCE northwesterly along South Ohio to East "E" st.;
THENCE northeasterly along East "E" St. to the northeast La
Porte City Limit Line;
THENCE northwesterly along the northeast La Porte City Limit
Line to North "E" st.;
THENCE west along North "E" st. to North Blackwell;
THENCE north along North Blackwell to Barbours Cut Blvd.;
THENCE west along Barbours Cut Blvd. to North Broadway;
THENCE north along North Broadway to Union Pacific Railroad;
THENCE west along the Union Pacific Railroad to Sens Rd. the
POINT OF BEGINNING.
Election Officials:
Mary Ann Trainer, Presiding Judge
Norma Repman, Alternate presiding Judge
Election Precinct #5
Polling Place: La Porte City Hall (Council Chambers)
604 East Fairmont Parkway
La Porte, Texas 77571
4
Boundaries:
TRACT ONE
BEGINNING at the intersection of East "E" st. and the
northeast La Porte City Limit Line;
THENCE southeasterly along the La Porte city Limit Line to
the shoreline of Galveston Bay;
THENCE southerly along the shoreline of Galveston Bay to the
southern La Porte city Limit Line and the northern Shoreacres
City Limit Line;
THENCE west along the southern La Porte City Limit Line to
the west right-of-way line of state Highway 146;
THENCE north along the west right-of-way line of state
Highway 146 to McCabe Rd.;
THENCE west along McCabe Rd. to Union Pacific Railroad;
THENCE north along Union Pacific Railroad to Fairmont
Parkway;
THENCE east along Fairmont Parkway to South Broadway (Old Hwy
146) ;
THENCE north along South Broadway to East "G" St. ;
THENCE northeasterly along East "G" st. to South Iowa;
THENCE northwesterly along South Iowa to East "F" st. ;
THENCE northeasterly along East "F" st. to South Ohio;
THENCE northwesterly along South Ohio to East "E" st. ;
THENCE northeasterly along East "E" St. to the northeast La
Porte city Limit Line the POINT OF BEGINNING.
TRACT TWO
BEGINNING at the intersection of South Broadway (Old Hwy 146)
and the City of Shoreacres southern City Limit Line;
THENCE east along Shoreacres southern City Limit Line to the
shoreline of Galveston Bay;
THENCE southerly meandering the shoreline of Galveston Bay to
the southernmost La Porte city Limit Line;
THENCE west along the southernmost City Limit Line to South
Broadway (Old Hwy 146);
5
THENCE north along South Broadway to the southern City Limit
Line of City of Shoreacres being the POINT OF BEGINNING.
Election Officials:
Mary Ann Trainer, Presiding Judge
Norma Repman, Alternate Presiding Judge
Election Precinct #6
polling Place:
Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of Big Island Slough and
Spencer HighwaYi
THENCE south along Big Island Slough to Fairmont ParkwaYi
THENCE east along Fairmont Parkway to the Union Pacific
Railroadi
THENCE north along the Union Pacific Railroad to Spencer
HighwaYi
THENCE west along Spencer Highway to the east boundary line
of the La Porte Airport;
THENCE north along the La Porte Airport east boundary line to
the north boundary line of the airport;
THENCE west along the La Porte Airport north boundary line to
the west boundary line of the airporti
THENCE south along the west boundary of the La Porte Airport
to Meadow Place as projected east;
THENCE west along Meadow Place to Glen Meadows Dr.;
THENCE south along Glen Meadows Dr. and as projected south to
Spencer HighwaYi
THENCE west along Spencer Highway to Big Island Slough the
POINT OF BEGINNING.
6
Election Officials:
Joeena Davis, Presiding Judge
Melody Elledge, Alternate presiding Judge
Early Voting Place:
La Porte City Hall (Council Chambers)
604 West Fairmont Parkway
La Porte, Texas 77571
Bilingual Election Clerk:
Barbara Eldridge
section 3. voting at said election, including early voting,
shall be by the use of voting machines, and the ballots of said
election shall conform to the Texas Election Code, as amended.
Section 4. An Early voting Ballot Board is hereby created to
process Early voting results for the election and the runoff
election, if necessary.
Peggy Holland is appointed Presiding
Judge of the Early voting Ballot Board.
At least two (2) other
members of the Early voting Ballot Board shall be appointed by the
presiding Judge, in the same manner as the precinct election
clerks.
Early voting by personal appearance shall begin on the 12th
day and shall continue through the 4th day preceding the day of
election.
Early voting by mail shall begin on the 45th day preceding
the date of the election, or as soon thereafter as ballots are
available, and shall continue until seven o'clock (7:00) P.M. on
election day.
Early voting shall be conducted by a clerk for Early Voting,
namely, Martha A. Gillett, and the place at which the Early voting
shall be conducted is designated as the La Porte City Hall, 604
West Fairmont Parkway, La Porte, Texas, to which address ballot
7
applications and ballots voted by mail may be mailed. Early
Voting by personal appearance shall begin on the 12th day and
continue through the 4th day preceding the day of election. Early
voting by personal appearance shall be conducted on the weekdays
of the early voting period, from 8:00 a.m. to 5:00 p.m., except
for Wednesday, April 30, 2008, and Tuesday May 6, 2008, from 7:00
a.m. to 7:00 p.m.; and on Saturday, May 3, 2008, from 8:00 a.m. to
5:00 p.m.
Section 5. The City Secretary I s election office in the La
Porte City Hall is hereby designated as the Central Counting
Station to receive all ballots cast at said election, and Martha
A. Gillett is hereby appointed the Presiding Manager for said
Central Counting Station, and Sharon Harris is hereby appointed
the Alternate Presiding Manager for said Central Counting Station.
Said Manager shall appoint any clerks necessary to assist in
receiving ballots and other records and in performing the other
duties of said Manager in this regard. The City Manager is hereby
authorized and directed to obtain, or cause to be obtained, the
necessary electronic tabulating equipment, to arrange for the
testing thereof as provided by law and to employ a duly qualified
manager and a duly qualified tabulation supervisor to perform the
duties respectively imposed on them by law with respect to the
processing and tabulation of ballots at the Central Counting
Station.
Section 6. That all election materials including notice of
the election, ballots, instruction cards, affidavits and other
forms which voters may be required to sign and all early voting
8
materials shall be printed in both English and Spanish, or Spanish
translations thereof shall be made available in the circumstances
permitted and in the manner required by law.
section 7. The City Secretary of the City of La Porte shall
forthwith issue Notice of said election to be published one time
in the BAYSHORE SUN, which is hereby found and declared to be a
newspaper of general circulation in said City, not less than ten
(10) days nor more than thirty (30) days prior to the date of the
said election.
Section 8. Upon a candidate tendering his application on the
form prescribed, the City Secretary shall furnish to such
candidate all information relative to the qualifications for the
office being sought; the method of placing the candidate's name on
the ballot; the amount of the required filing fee; and any other
pertinent information concerning said election;
Section 9. Each candidate for the office of Councilperson-
at-Large must be a resident elector of the City. Each candidate
for the office of District Councilperson must be a resident
elector of the City, and must also be a resident of the district
for which he files.
Section 10. The deadline for a candidate to make application
to have his name appear upon the ballot for such election, is
hereby designated and established as 5:00 o'clock P.M., Monday,
March 10, 2008. No application shall be accepted for filing prior
to February 11, 2008. The filing fee for each candidate for the
office of Councilperson is hereby established as Fifty Dollars
($50.00) . The filing fee for each candidate for the office of
9
Mayor is hereby established at One Hundred Dollars ($100.00). The
filing fees shall be used to defray the cost of the election, and
said fees shall be prorated and any surplus shall be refunded to
said candidates. As an alternative to paying a filing fee, a
candidate may obtain a place on the ballot by filing a petition as
provided for in City of La Porte Home Rule Charter, Article 2.04
c.3.
Section 11. Said election shall be held in accordance with
the provisions of the City Charter of the City of La Porte, and
the general election laws of the State of Texas governing general
and municipal elections, so far as same may be applicable thereto.
Section 12. Immediately after said election, the officers
holding the same shall make and deliver the returns of the results
thereof and the accompanying records for use in the official
canvass to the City Council of the City of La Porte, and the City
Council shall canvass said returns at the earliest practicable
time, and shall, immediately after canvassing the returns, declare
the results of the election. The Mayor shall immediately
thereafter deliver to the candidate for whom the majority of votes
has been polled for each respective office, a certificate of
election. Such elected officials shall assume their duties within
ten (10) days thereafter, Sundays excluded, upon their taking the
oath of office.
Section 13. Each and every provision, paragraph, sentence
and clause of this Ordinance has been separately considered and
passed by the City Council of the City of La Porte, Texas, and
each said provision would have been separately passed without any
10
other provision, and if any provision hereof shall be ineffective,
invalid or unconstitutional, for any cause, it shall not impair or
affect the remaining portion, or any part thereof, but the valid
portion shall be in force just as if it had been passed alone.
section 14.
This Ordinance shall be in effect immediately
upon its passage and approval.
section 15.
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.
PASSED AND APPROVED, this 28th day of January, 2008.
7Ff~ OF ~.~E
~,)~--
Alton E. Porter, Mayor
By:
ATTEST:
LflJ~ 0kD
Martha A. Gillett
City Secretary
APa::ZA!~
Knox W. Askins
City Attorney
11
E
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Januarv 28. 2008
Appropriation
Requested By: Ron Bottoms
Source of Funds:
Department: City Mana!!er's Office
Account Number:
Report:
Resolution:
Ordinance: X
Amount Budgeted:
Exhibits: Ordinances
Amount Requested:
Exhibits: Industrial District A!!reements
Budgeted Item:
(YES)
NO
Exhibits:
SUMMARY & RECOMMENDATION
The City and Industry have agreed to renew the provisions of the Industrial District Agreement for a twelve year
period. The current agreements will expire on December 31, 2007, the common date for the Battleground and
Bayport Industrial Districts.
The City mailed 118 Industrial District Agreements on November 1,2007. On December 3,2007 the City Council
approved the first 50 contract and on December 17, 2007 the second 49 contracts.
Staff recommends City Council authorize the execution of Industrial District Agreements with the following
industries:
. Ordinance No. 2007-IDA-83
. Ordinance No. 2007-IDA-84
. Ordinance No. 2007-IDA-91
. Ordinance No. 2007-IDA-94
. Ordinance No. 2007-IDA-IOI
Gulbrandsen Technologies
Solvay Chemicals
GSL Investments
Superior Carriers
Custom Catalytic
Action Required bv Council:
Consider a 1 of the ordinances 2007-IDA-83, 2007-IDA-84, 2007-IDA-91, 2007-IDA-94 and 2007-IDA-lOl
author. . g the e ecution by the City of La Porte ofIndustrial District Agreements listed above.
Ron Bottoms, City Manager
1;0~
Date
7
--
---------
'J/,(2j2v!d
RE UEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Reqnested: Oll2ll1. 08. . f\
Requested By: Wayne J. ~ ~
Appropriation
Source of Funds:
Account Number:
Department:
Plan nine:
Amount Budgeted:
Report: -L Resolution: _Ordinance:
Amount Requested:
Exhibits: Letter of Reqnest
Area Map
Budgeted Item:
SUMMARY & RECOMMENDATION
In June 2006 City Council passed Ordinance #2003-2665-A to waive development, Permit, building, inspection and
parkland fees for certain non-profit corporations and/or City initiated programs which provided housing for low
income families. Habitat for Humanity is requesting consideration to participate as a non-profit by obtaining five
lots from the City to build two (2) single family dwellings. Given that Habitat is a non-profit organization they
would be eligible for waiver of development fees per City ordinance.
During a previous workshop, Council agreed to review, on a case-by-case basis, requests for funding/participation
from Habitat for Humanity on a level similar to that for the HOME grant program.
Under consideration are lots 24-28 in Block 40; 114 North 3rd Street. The property is zoned Main Street District but
is not in the overlay portion. As such, single family residential uses are authorized.
In a typical HOME grant, the City incurs expenses as a matching requirement. There is a 25% match for HOME
funding. The following is a comparison on the expenses incurred by the City for a HOME grant project and a
request from Habitat for Humanity. The point of comparison is two homes constructed on the lots on property case
P216 (5-lots) as stated above with associated costs factored:
City Grant Requirements: HOME Grant---$210,000; Match Requirement: $52,500:
Waived permits and fees--
Waived Park Fees--
Lot Acquisition Costs-------
Appraisal F ees----------------
Deed Recording Fees------
Sub-Total
City Home Grant HFH
$ 7,771.10 ($3885.55 x 2 homes) Eligible
$ 1,616.00 (2 homes) Eligible
$23,900.00 (5 lots total) --(Cash Paid Out)-- $23,900.00 ( If donated by the city)
$ 1000.00 --(Cash Paid Out) -- $ 0
$ 25.00 --(Cash Paid Out)-- $ 25.00
$34,312.10 $23,925.00
Harris County Cash match:
$18.187.90
--(Cash Paid Out)--$
o
TOTAL CASH COST TO CITY: $43,112.90
$23,925.00
For the Home Grant, a direct cash contribution to Harris County would be $43,112.90 and the remainder of
the match would be a passive credit in waived fees, liens and permits to cover the contractual 25% match.
Should the Habitat for Humanity receive the lots and build homes the cost to the City would be $23,925.00.
Council:
vey lots held in trust by the City to Habitat for Humanity to construct affordable housing. If
er's Office recommends use of the Community Investment Fund.
I
i
:~I --
....'c:t:~:.\.. .....~
~;:~-:~.~ ~. ~..
;2<! ~,' i " --)1
H;:c;;.~~~ ~~r,;A~~TY"....
. ,
~ La Porte Chapter
~ Habitat
, , " for Humanity@
Bay Area - Houston
~~@~Drtl[!~
. hll,t\ i " I
. ",212008 J
lLd
Building
houses,
building
hope
Bv_
January 18. 2008
Wayne J. Sabo
Planning Director
City of La Porte
Dear Wayne,
As you and I have discussed, the La Porte Chapter, Bay Area - Houston Affiliate of
Habitat for Humanity (LPHFH) desires that the City of La Porte donate the property defined
as 114 N. 3rd Street - Lots 24-28 Block 40 La Porte to LPHFH.
LPHFH is a non-profit, 501@(3), ecumenical Christian based housing ministry whose
objective is to eliminate substandard housing from the world and to make decent shelter a
matter of conscience and action
As has been done with other property received from the City of La Porte and other
sources, LPHFH will build a one family house. The houses LPHFH builds are sold to pre-
selected families in need, at no profit and no interest for an average of 25 years. The family
must invest a minimum of 300-350 hours of "sweat equity" in building their own home or
another LPHFH house.
Since 1993, LPHFH has completed 19 homes in La Porte, 6 on S. 5th street, 4 on
Robinson Road (in Lomax), 6 on N. 4th street, and 3 on Deaf Smith road in Lomax. We need
the new property to continue our quest to provide low cost homes to low-income families.
Please let me know if there is any other information that you need. We truly
appreciate all the help the city continues to provide LPHFH.
4b/~'
'r '7~
G. W. Maltsberger
President, La Porte Chapter
Bay Area - Houston Affiliate
Habitat for Humanity
parrothed@earthlink.net
281-471-4917
832-721-7825
PO Box 2087
La Porte, TX 77572
(281) 471-4917
www.lapot1e-habilat.0Ig
8
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: January 28. 2008
Appropriation
Requested By: Dehra D Dye
Source of Funds: 037
Department: Mlliu Street City MllDllger
Account Number: 6063-565-3001
Report:
Resolution:
Ordinance:
Amount Budgeted: $ 300.00
Amount Requested: $ 300.00
Exhibits: Texas Main Street Letter of Agreement
Exhibits: Main Street Program - 3 year update
Exhibits: Main Street by the Bay Newsletter
Exhibits: Main Street Workshop Schedule
Budgeted Item: YES
SUMMARY & RECOMMENDATION
Upon acceptance into the Texas Main Street Program the City of La Porte entered into an initial 3 year agreement
with the Texas Historical Commission to fund the program. This initial agreement has expired. We are now
entering into the "sustaining level" and will be required to renew on an annual basis. The current cost for the
renewal is $300.00 and is effective January 1,2008 - December 31,2008. The services provided by the Texas Main
Street Program and the City's responsibilities are outlined in the attached Letter of Agreement.
The La Porte Comprehensive Plan Update 2000 - 2020 strongly supports participation in the Main Street Program
and historic downtown revitalization efforts, as outlined in the attached Main Street Program - 3 year update.
Communities that see the greatest return for their investment in the Main Street Program are those that remain
committed to the program and downtown revitalization efforts for the long-term payoffs. Historic downtowns have
a unique set of issues to deal with, and each success builds upon itself.
Debra Farst, the State Coordinator of the Texas MainStreet Program, will be present to address Council.
Action Required bv Council:
sider approval of the Letter of Agreement from the Texas Main Street Program to continue downtown
lization efforts.
J~~ /0*&
TEXAS
HISTORICAL
COMMISSION
RICK PERRY, GOVERNOR
JOHN L NAt', III, CHAIR;\IAN
F, IA WERENCE OAKS, EXEC! iTlVE DIRECTOR
The Slale Agemy for Hlsloril: Preservation
LETTER OF AGREEMENT
The city of La Porte is invited to participate in the Texas Main Street Program (TMSP) at the sustaining
level. This Letter of Agreement (LOA) represents your commitment to continue as an official Main Street
city at the sustaining level for 2008.
I. The following is a list of services your community will receive as a Main Street city at the sustaining
level:
A. Program Manager Training
The TMSP provides or sanctions several training opportunities throughout the year. Trainings are
also a scored category in the annual report (See section II.A.8,9). As an official Main Street city
at the sustaining level you agree to send your Main Street manager to at least two of these
training sessions each year:
1. Basic Training and Continuing Education and Development or Continuing Education
and Development (JanuarylFebruary);
2. Texas Historical Commission Annual Conference in the spring;
3. Main Street Summer Workshop;
4. Texas Downtown Association / Main Street Annual Conference (fall).
5. National Main Streets Conference in the spring;
6. National Preservation Conference of the National Trust for Historic Preservation.
If a replacement manager who has not attended Main Street training is hired in a sustaining Main
Street City, the Main Street manager will be required to attend the Texas Main Street Basic
Training and Continuing Education and Development in January and February. A stipend
for this training will be charged to the sustaining city. Volunteers, including board and committee
members, are also encouraged to attend training.
B. Main Street Program Network and use of the Main Street brand
As the recognized coordinating program for Texas (see "Name Use Policy", www .lllail1strcct.or~
and last page of this LOA), this signed Letter of Agreement constitutes recognition of your city as
an official Main Street program. As part of the network, your Main Street manager receives Main
Street Matters, the monthly Main Street electronic newsletter; and is subscribed to the Main
Street listserv, an email network available only to Texas Main Street cities.
C. Service/On-site visits
TMSP shall provide staff visits to assist with the following on a request basis: schematic
computer or hand-generated facade sketches, site consultations, technical information or
emergency assistance based on the recommendations of the THC Main Street Program design
staff Staff visits are also made for economic development assistance and consultation, along with
board training and work plan development/strategic planning.
D. Securing a Main Street Manager
Should a replacement manager be needed, the state office will assist the local program upon
request by providing sample job descriptions, resumes on file (if available), posting of the job on
1'.0. 1l0X la-(,. AtSI'IN. TX -X-II.2r6 . ~12,i6,.61O(} . FAX ~12.i-~..IX-2 . TDD I.XOO'-5~.29X9
www .lh(' .~I;IIl'. IX .IIS
Letter of Agreement - 2008
La Porte - Page 2
the Main Street listserv and can help the local Main Street Advisory Board and city in
maintaining the program during the transition.
II. Responsibilities of the city of La Porte:
A. The city of La Porte is, in turn, expected to commit to and adopt the Main Street strategy, as
developed by the Texas Main Street Center of the THC and the National Main Street Center,
which consists of the following ten criteria:
1. Broad-based public support for the commercial district revitalization process, with
strong support from both public and private sectors. By involving a broad range of
interests and perspectives in the revitalization process, the Main Street Program leverages the
community's collective skills and resources to maximum advantage. The goal is for all
sectors to understand and be philosophically committed to the revitalization process and
commit maximum resources possible to achieve commercial district revitalization.
2. Vision and mission statements relevant to community conditions and to the local Main
Street program's organizational stage. A mission statement crystallizes the program's
sense of purpose and overall direction. A vision statement communicates the organization's
long-term hopes and intentions for the commercial district.
3. Comprehensive Main Street work plan. Provides detailed blueprint for activities,
reinforcing program's accountability and providing measurable objectives by which program
can track progress.
4. Historic preservation ethic. Historic preservation involves not only the process of
rehabilitating, restoring or renovating older commercial buildings, but also the process of
adopting planning and land use policies which encourage full use of existing commercial
centers before new development takes place, and removing the regulatory and other barriers
which sometimes make it difficult to attract investment to historic commercial districts.
5. Active board of directors and committees. The direct involvement of an active board of
directors and committees is key to changing the community's attitude about its commercial
district. The Main Street manager is responsible for facilitating volunteers, not for single-
handedly revitalizing the commercial district.
6. Adequate operating budget. To be successful and achieve sustainability, a Main Street
Program must have the financial resources necessary to carry out its work plan. The size of a
program's budget will change as the program matures, and is likely to vary according to
regional economic differences and community size.
7. Paid, professional program manager. Coordinating a successful program requires a trained,
professional full-time staff person. The most successful program managers are those who are
good communicators, good volunteer motivators and possess good organizational and
management skills, which keep the program's many activities moving forward on schedule
and within budget. The local program should move forward in a reasonable amount of time
to fill a manager vacancy so the program does not lose momentum. Should there be any
significant change in the program (manager vacancy, split of job etc.), the state coordinator
should be notified as soon as possible.
8. Program of ongoing training for staff and volunteers. Training requirements are outlined
in section LA.
9. Reporting of key statistics. Tracking statistics, such as reinvestment, job and business
creation, provides a tangible measurement of the local Main Street program's progress and is
crucial to garnering financial and programmatic support for the effort. Statistics must be
collected on a regular, ongoing basis. The Main Street manager for the city of La Porte will
submit monthly reports by the 10th of the following month. Quarterly reinvestment figures
will be submitted by the 10th of the month following the end of each quarter. A Ten Criteria
report submitted to the Texas Main Street Center will also be required annually. The report is
evaluated by the TMSP to measure success of the local program on an annual basis. An
official Main Street community can be placed on probation for any of the following reasons:
Letter of Agreement - 2008
L. Porte - Page 3
· Program consistently (two years or more) does not achieve objectives as outlined in the
Ten Criteria report.
· Program does not turn in a Ten Criteria report (immediate probation until receipt of
report).
· Does not abide by this Letter of Agreement
The local program must work with the state office to overcome these deficiencies. Probation
can lead to termination in any of the above-mentioned instances. A community not achieving
the objectives of the program as outlined in the Ten Criteria report will work to overcome or
lessen those deficiencies during the next year prior to the next Ten Criteria deadline. A
program that does not turn in a Ten Criteria report for two or more subsequent years or is on
probation without making efforts to abide by this Letter of Agreement will be considered for
termination. A community that either voluntarily opts out of official Main Street status or is
terminated at the state level must go through a formal recertification application process in
order to gain re-admittance to official status.
10. Current member of the National Main Street Network. Participation in the National Main
Street Network connects local programs to their counterparts throughout the nation, providing
them with valuable information resources. Membership in the National Main Street Network
is required in order to receive national recognition through the National Main Center, which
is achieved through a successful Ten Criteria report.
B. Design Information. The most effective local programs keep continually abreast of activity and
potential activity impacting the physical character of the Main Street district involving historic
buildings, new construction, public spaces and infrastructure. For all projects, the local program
should consult with and keep the THC Main Street Design staff involved during the process.
The National Trust for Historic Preservation owns the trademark for the phrase "Main Street" as it applies
to programs involved in the revitalization of older, traditional and historic commercial districts (refer to
section LB. of this Letter of Agreement). The Trust allows local, regional, state and some national
organizations involved in the revitalization of these commercial districts to use the name "Main Street" to
describe their programs. If participation ceases, use of the term "Main Street" to describe the program
may no longer be utilized.
The city of La Porte is accepting status as a Texas Main Street City at the sustaining level with the
er anding and agreement the Main Street approach will be applied in the local downtown
evital ation program for the period, January 1, 2008 through December 31, 2008.
Street Center and the city of La Porte's relationship described above is hereby agreed to
ed:
J~lCJ-D~
Date
~
Debra Farst
State Coordinat
T~L
F. Lawerence Oaks
Executive Director
Texas Historical Commission
j-- Jl> -De
Date
Date
MAIN STREET
PROGRAM
3 YEAR UPDATE
JANUARY~. 2008
CITY COMPREHENSIVE PLAN
La. Porte citizens and City Counci11et their voice be heard as to their desire to be
a part of the Texas Main Street Program through the C:omprehMl.<;ive Plan
Update, 2000 - 2020. Below are some exc~ts pertaining to the desire
expressed to revitalize downtown and partiopate in the Main Street Program:
. La Pone Comprehensive Plan Update, 2000 - 2020
. GOAL 4.4: EncourJge an active, viable downtown with a variety of uses.
. OB}.4.4a: Ensure appropriate zoning supports viability.
. Policy 1: The City should zone downtown in a way that enables vitality.
. Action 1: ~~~c:a~~~d~ti:d~uraging redevelopment-
. OBI 4.4b, Actioo 2:
. Participate in Main Street and other revitalization programs.
CITY COMPREHENSIVE PLAN
. OB]. 10.3b: Create 311 aesthetic 3I1d physically appealing character in
Downtovm La Porte that creates a unique destination for visitorS.
. OBJ.tOx: Attract entertainment and dining establishments to Downtown
L1 Porte including theaters, restaurants, and sidCW<ilk cafes.
. OBj.l0.3d: Provide direct and adequate access to Downtown La Porte
thereby encouraging shopping trips by local residents and visitors.
. OBJ. 10.3e: Consider business development incentive programs that offer
financial assistance and technical expertise to commercial property owners
within Downtown La Porte for upgrading and renovating building facades. in
accordance with established design guidelines.
. OB}.10.3f: The City should seek to create an attractive pedestrian
environment in Downtown to attract residents and visitors to the area.
. OBj.l0.3g: Encourage festivals and other community activities to fOUlS
attention on Downtown L3. Porte.
COMMUNITY INTEREST
EXPRESSED FOR
MAIN STREET PROGRAM
CITY COMPREHENSIVE PLAN
Chapter to, Beautification and Conservation - Covers many aspects of
revitalizing Downtown La Porte, including the Main Street Program.
. "Organi2:ation llDd administration of a Main Street Program. .. could
create a partnership to conduct active promotional campaigns to attract new
businesses to Downtown La Patte." p. 10-27
. GOAL 10.3: Invest in Downtown La Porte to establish a vibrant mix of
places to work, live, and visit, with shops, restaurants, places of
entertainment, and a variety of dwelling units.
. OBJ. 10.la: Encourage the renovation, reuse. and redevelopment of
structures in Downtown La Porte in a manner that is compatible with the
area's architectural and historic character and that will bring businesses,
visitors. and residents to the area.
. Policy 1: The City should continue to devote necessary resources to revitalize
Downtown and to create a vibrant area of regional and local interest
WHAT IS THE
MAIN STREET PROGRAM?
1
NATIONAL TRUST
,y,..lin'I'QRJe IIll!r.sKll\'A.'nu~~
. In 1980 the National Main Street Center was established by
the National Trust for Historic Preservation to assist with
preserving and revitalizing historic downtowns.
. More than $2.5 billion has been invested, and communities
have built strong organizations to revitalize their
commercial districts.
THE MAIN STREET
FOUR-POINT APPROACH
1. DESIGN takes advantage of the visual opportunities inherent in downtown by
directing attention to all of its physical elements: public and private buildings,
storefronts, signs. public spaces, landscaping, meocha.ndising, displays, and promotional
materials. Its aim is to stress the importance of design quality in all of these areas, to
educate people about design quality and to expedite improvements in the downtown.
2. ECONOMIC RESTRUCTURING strengthens downtown's
existing economic assets while diversifying its economic base. This is accomplished by
retaining and expanding existing businesses to provide a balanced commercial mix, by
converting unused or underotilized space into productive property and by sharpening
the competitivtmess and merchandising skills of downtown business people.
THE EIGHT PRINCIPLES 01<' MAIN STREET
While the Main Street approach provides the format for successful revila!ization,. implementation
of the fOur-point approw;;b is based on eight principles that pertain to all areas of the revitalizatioo
effort. 'These eight principles describe all Main 5t:n:et programs:
1. COMPREHENSIVE Downtown revitaJU;ation is a complex process and cannot
be ..:complished through a single: project. For succ:essfullong-1emJ. <<Vitalization, a
comprehensive approach must be used.
2. INCREMENTAL Small projects aruI simple activities lead to a more sophisticated
wxJerstaoding of the revitalization process md help develop skills so that more complex
problems can be addressed and more ambitious projects undertaken..
3. SELF-HELP Localle.delS must have the desire and the will to make the project
successful 1be National Main St:n:et Center and the state Main 5t:n:et Programs provide
direction, ide&3 and training, but continued and Iong--term success depends upon the involvement
and comrnibnent of the community.
4. PUBLIC/PRIVATE PARTNERSHIP Both the public and private
sectors. have a vital inlerest in the economic heahb and physical viability of the downtown. Each
sector has a role to play, and each must umlers.tand the other's strengths and limitations so that an
effective partner.lhip can be forged.
TEXAS
. The Texas Main Street
Program was established
in 1981 and as pan of the
Texas Historical
Commission.
. The mission for
downtown revitalization
is accontplished through
the Main Street Four-
Point Approach.
THE MAIN STREET
FOUR-POINT APPROACH
3. PROMOTION takes many foans, but the aim is to create a positive image
in order to rekindle COfIUlluruty pride in the downtown. Promotion seeks to improve
retail sales events and festivals and to create a positive public image of the downtown
in order to attract investors, developers and new businesses.
4. ORGANIZATION establishes consensus and cooperation by building
partnerships among the various groups that have a stake in downtown. This allows
the Main Street revitalization program to provide effective. ongoing management and
advocacy of the downtown. Diverse groups from the public and private sectors (city
and county governments, local bankers, merchants, the Chamber of Conunen:e,
property owne.cs, conununity leaders. and others) must work together to create and
maintain a successful program.
10
THE EIGHT PRINCIPLES OF MAIN STREET
5. mENTIFYING AND CAPITALIZING ON EXISTING
ASSETS Business districts must capit2lize on the llS$ets that make them unique.
Every district has unique qualities - distinctive buildings and human scale that give people a
sense ofbeJonging. These local a9gets must serve as the foundation for all aspects of the
revitalization program..
6. QUALITY Quality must be emphasi2ed in every aspect of the revitalization
progr::un.. 1his applies equally to eam element of the program, &om storefront design to
promotional campaigns to educational programs.
7. CHANGE Changes in attitude and practice are necessary to improve CIUreI1t
economic conditions. Public support for change will build as the progum grows.
8. IMPLEMENTATION-ORlENTED Activity creates confidence in the
program and ever-gnoatetlevels of participation. Frequent, visible changes are a reminder
tbat the revitaJi.zation effort is under way. Small projects at the beginning of the program
pave the way for larger activities all the revitalization effurt: matures.
2
IN 2005 LA PORTE BECOMES
A MAIN STREET CITY
. City Council unanimously ,":oted to
participate in the Texas Maul Street
l'rogram.
. Plans were made in 2004 to submit an
application for the progs::am.
. We were selected as one of four new
2005 Main Street Cities and were
accepted on our first try.
. Council has been supportive of the
progwn over the past three years.
13
DESIGN
COMMITTEE
'5
TEXAS MAIN STREET
DESIGN CONSULTANTS
have done over 25 reade..u.g. 80 far.
17
1ST LADY'S VISIT - MAIN STREET
DEDICATION CEREMONY
TIte Governor's ol&(:e reported that our program
"w_ one of the belli: pIaauaI eve.Ma Ihey have eva' bec:a a put of."
DESIGN GOAL
To enhance and improve the aesthetics of downtown
through historic preservation.
. Gateway Entries
. Overall design for streetscaping
. Main Street logo
. Signage guideline!!
. Building guidelines
. Murals
. Billboards
. Educational. booklet
. Landscaped parking alell9
. Grants
. Water tower art & lighting as a beacon
. Art in public places
. La Porte Shopping District Map
. Christma5 decorations
LA PORTE MAIN Ifl'REET PROGRAM
5 YEAR STRATEGIC WORK PLAN SUMMARIES
,.
TEXAS MAIN STREET
DESIGN CONSULTANTS
have: done over 25 ~ 80 far.
,.
3
TEXAS MAIN STREET
DESIGN CONSULTANTS
have done over 2S renderings so far.
ECONOMIC
RESTRUCTURING
COMMITTEE
21
ECONOMIC RESTRUCTURING
We have tracked
over $1.3 million
reinvested in the
Main Street District
since 2005.
GRANTS WRITTEN-
. HGTV Restore America
To .:onvm: the t" MOclln Americ.....
OmrchinLlPo<to:intoa..".ideoce.
. ~::~~=nGrant
Partnet\:d with P:ub & Recreation to
write two TXIXYT grants - ~n
S=-=t Stn:etsc.caping md the Dqx>t
(Public/private funds)
. Houston-Galveston Area
Council Grant
To strr:etscPpe Main ~t
TEXAS MAIN STREET
DESIGN CONSULTANTS
have done over 25 renderings so far.
20
ECONOMIC RESTRUCTURING GOAL
To provide various incentives to maintain and recruit an
appropriate mix of businesses for downtown.
. T.uob~l$.d".
. m""fltolJ' bui1dmg. and ownen
. Business mix
. Busi~ss RCru;tment
. Lowinte_loanprogram
. &tabIish a sign &p.antgrant
. Bed & breakfast industry
. n.,vdophiatoriclDurism
. Parking-study
. Business ...,twodcing lunches
. HOld
. Museums
Neighbothood redevelopment
. Busd.tss hours of <>pfilltion
. Confe!\:"", Centr:r
LA PORTE MAIN 8TREET PROGRAM
5 YEAR STIlAlEGlC WORK PLAN SUMMAIlIES
ECONOMIC RESTRUCTURING
. Purchased property at 908 & 912 W. Main Street (2 buildings and 4 lots)
,.
4
ECONOMIC RESTRUCTURING
TEXAS TECH ARCHITECTURAL GRADUATE
STUDENT PROJECT
Micah Simecek, from the College of
Archirecture at Texas Tech University,
did his thesis on downtown La Porte.
PROMOTIONS
COMMITTEE
The title of it was
Desigraiog fOr Pf"fY"t>phvP Environmt"rltal
R~lity: a Nt'"w Town ('..enter fOr
I.lIPnrtt> Tp'lHI!i:.
_T
iIIL8:t2ili1" !!'
~ ,~',<.~..~.~
HO. worl<: is copyrighkd byTIU CoB:g.: of
Architeclu~andm"Yhevie-.:l1ll:
ht:tpdL:w:w.w arch thl e:rlll/r.01]~/2006/
fan/5692/~(n/simec.t';k/
N"'r-.n,odoptodl.,~c;.,orLoful..
25
26
SAN JACINTO BATTLE
Mexican Anny Draft
Partaeftd with the Texu &my..d die M.iD Scred AallOci.Uoa
PROMOTION COMMI'ITEE GOALS
To attract locals and tourists to downtown through various
events designed to create special memories for all ages.
,,,", . < ~,-l
~>.,* .-.
'IJ; i"" '" ~",c>."
~ %'7 ~
~ ~...,t'~.!l ,/ t J =~ \
, ,
,.
~ ~ '~? "" ~~' ~
. Festivals & Events
. Ou::istmas on Main Street
. FaR Back Festivd
. Car Maniacs Show
. Porte of Call-Music & Art
. Downtown Sylvan Beach - Center for the Arts
. Research surnnmding community events
. Detennine desired festival mU:
. Tourism
. Annual merchants meeting
~.t
, "
.. ,.'. - _,\f,~
'.i/ "'J.. ";; :.;.
I f-~- m>~ ' ,
. . , ~0w
LA PORTE MAIN STREET PROGRAM
') YEAR STRATEGIC WORK PLAN SUMMARIES
27
28
CHRISTMAS ON MAIN STREET
CHRISTMAS ON MAIN STREET
~wi&b.tbcMai..s-c.~LaPorlelSD.a.-locrof~aadhb&~
PartDo:raI1ritb.the Moaia SCKft~ LaPorte lSD, Cbmbcr arc-..o:n:e, ..... Pab&. Rccrcaao.a
., "
,
~ "
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ri
1.." , ^'
29
30
5
CHRISTMAS ON MAIN STREET
PmutaaI-.rida doe Maia Strt:d. Aoo...wuioa,. La p...., ISO, cta-ba o(~ ad. Pub &< Rccreatio.r.
31
FALL BACK FESTIVAL
Partuaed with die MaUl Send: Aaoc:iatioa IUId City Departrneat.
33
FALL BACK FESTIVAL
Partnaa wida doe Maio SUed ~ and City Departmeat.
35
FALL BACK FESTIVAL
PartocI'cd wida lite Maia Send: AaIM>ci.uoa and City Ikpartmeota
32
FALL BACK FESTIVAL
Pllll1Dered with dH: Maio Stftet~. and City Deputment.
34
NATIONAL HOT ROD ASSOCIATION EVENT
(CAR MAIN-lACS SHOWl
6
PORTE OF CALL - MUSIC & ART
THE UNIVERSAL LANGUAGE
DOWNTOWN SYLVAN BEACH
CENTER FOR THE ARTS
ORGANIZATION
COMMITTEE
SUPPORTi!"ARTS
_ ~YiN_
PORTE ub CALL
OOWNTOWN
-~
January 11th
&:OOpm ~ 9:00pm
kllt.MalnSt.
_f._IIII".1,....
JojIIu................rI-'-A>.'l,
(;r.l MuMo..... ~'1MI*IIIoJ;
DOWNTOWN SYLVAN BEACH
CENTER FOR THE ARTS
PURPOSE OF MAIN STREET'S
DOWNTOWN sYLVAN BEACH - CEN'l'ER FOR THE ARTS
flmm",~ "rt1~"~ p.,~.
_To provide ...o<ganizd effort to draw artists to&"'wc..oogm, them... 1'100:" to bel<>flg.
_To provide .~ue fo,artists to,~ their talent with eocl1 olh:taod tho, public by p.rticiplllingio
downl<>Wl1e...,nts....d.~gion..artshows..
aTo2Wllkenth.. oatisticspiritint:U:B"}'A.earTo"-
aTo be amad:eti.lggroup for....",.,hefs art through the City of La Po"""" M.Un St=:tPmgnrn.
Fmmth..C..ity'. MgLnSt_tP"W""'~
aTob.: .dmwfortourishand~s>dentslnlhc~on.
_To b~ the _ to do'Wfltown U. Pork..,d be.ll pm of the ..-vitalizacion efforts of the historic M..m Str=t
District.
.liTo enc<X1ClIg",...d provide public art in MS District by ooordiruatingefforts with me MS AdvIsory Bo.lrd an:l
MS Desjgn Committee.
..,
ORGANIZATION COMMITtEE GOAL
To recruit volunteers, provide historic preservation and
Main Street educational opportunities, and market
downtown.
. J:J..velop & M9inLai.a Web Sitr;
. PMtnel .....ith are1> ..hopping IT1llIls aOO big bo~s
.Jrnggec"'~
. Design Main Suttt Brochures
. Marketing Blitz - to LPISD, surrounding ochools.. 5],
Courtly & City employees ..d students
M.....rtising/Muketing Campl>ign - partofflng with men:hants
. P="cnbon Aware...," Week - May
. Main Stteet Comrndtr:e members
. Volunteers
. MainS=,=W=kshop
. Norniruotion or AdvUoty Bowl Manbecs
. Wri.~ By-Low. &. =tie.. llnIm,,",
. M..inS'-'=tCelebndion
LA PORTE MAIN STREE'I' PROGRAM
5 YEAR STJtAlEGIC WORK PL\N SUMMARIES
<2
7
PRESS RELEASE
LA PORTE RECEIVES
NATIONAL RECOGNITION
TWO YEARS IN A ROW
<<... The Texll'l Hi5torical Co~ (IHq and the National Trust for Historic Preservation
recently ra:ognized La Pork as one oftbe 52 National Main Street Cities in Texas.....
"A lot ofbard work goes into achie~ this recognition. Just as importaody, the recognition
~=rstoth~m;n~~=l.~~~:~':~~s~do=~
revitalization effort that benefits DOt only the Main Street district, but also the entire communily,>>
said Debl'll FaISt, rt&te coordinatm of the Texas Main StnoetProgram.."
"'Cities chosen as National Main Stn:et Cities must show .hove aveage perfonnance in to
categories. The selection crileria focus on planning, slafC and volunteers, preservation ethic,
tnUoiog and program as:s.essment. ..
'"
MAIN STREET
TRAINING OPPORTUNITIES
'"
MAIN STREET
TRAINING OPPORTUNITIES
"
MAIN STREET
STRATEGIC PLANNING SESSIONS
. IJ
>,1'" '
~-~~ :~
~ ~i%
111.wi., ~ .f'~ j
",~~ \~",
=:.--7 /J /~-
- ;P'
..
MAIN STREET
TRAINING OPPORTUNITIES
...
8
LA PORTE HIGIll..IGHTS
. Over $1.3 million has been reinvested in La Porte's Main
Street District, both public and private monies, since
entering the Texas Main Street Program in January 2005.
. The HCAD market values for the Main Street District have
increased by 13.6%, for a total of$1.5 million, since being in
the Main Street Program the past three years.
. La Porte is positively marketed in the region media for the
revitalization efforts and events that are being held
downtown.
..
MAIN STREET PROGRAM RENEWAL
. Presentation of Texas Main Street Letter of
Agreement by Debra Farst, Texas Main
Street State Coordinator.
. Presentation of La Porte's National
Recognition Certificate by Debra Farst,
Texas Main Street State Coordinator.
"
2008 MAIN STREET PROJECTS
Below is a partial list of projects to be undertaken this year:
. Downtown master plan with design elements, branding, logo,
etc.
. Incentives (1.e.: empowerment zones, etc.)
. Building usage
. Architectural preservation measures
. Contioue growing and developing current events to build them
into stronger, bigger events, reaching further into the region and
giving people a reason to come downtown on a consistent basis.
50
1
~"'. .....~-~-~.'.. ~",",.
,~':., '~~'i::,+",;;c,:,:,":" -;;t.-:;'J?+;"~;,:~~:;f;": ~:i"t}L:;;~;;J.~:~
~l~~,:.;i-~i~r:-~':,::~L~~rYJ~1it?fdzt{L2~r0.\1:*IT:f;Jr~r1E;i:D:~L,;
Main Street by the Bay
La Porte Main Street Program is Nationally Recognized
La Porte is one of 59 Texas
Main Street cities to be nation-
ally recognized by the Na-
tional Trust for Historic
Preservation and the Texas
Historical Commission
(THC). Main Street cities are
judged in 10 categories, in
which they must demonstrate
above average performances.
The selection criteria focus
on planning, staff and volun-
teers, preservation ethic,
training and program assess-
ment.
"Since being selected to par-
ticipate in the Texas Main
Street Program three years
ago we have worked dili-
gently on revitalizing our
historic downtown. Over
two-million dollars of public
and private monies have been
reinvested in La Porte's Main
Street District so far" said
Alton Porter, Mayor of La
Porte. "We have made
great strides, and I am proud
of what has been accomplished.
This recognition is a good indi-
cator that we are on the right
path to reviving our downtown.
There is still work to be
done but it is exciting to see
things come together. We
have some great projects
~; that will be implemented
~ over the next few years" says
Porter.
The Slightly Off Center Players entertain
the crowds during their Vaudeville Show
at the Fall Back Festival.
"La Porte's officials have
worked hard on the Main
Street Program," said Pam
Summers, Bay Area Houston
CVB executive director. "To
see them nationally recog-
nized for their accomplish-
ments is outstanding."
The selected cities were
honored at the Texas Down-
town AssociationfT exas Main
Street Conference held in
Fort Worth, and they will be
presented again at the 2008
National Main Street Confer-
ence scheduled in March in
Philadelphia.
*1920's Bathing Beauty Contests at Sylvan Beach...
... On Galveston Bay, then known as "La Porte Bay" .
La Porte's Historic Downtown Revitalization Program
Page 2 Main Street by the Bay
Christmas on Main Street
Thursday, December 6th, 2007 5:30pm - 9:00pm
Snuggling in the cool
night air during the
"Christmas on Main
Street" festivities.
A ship load full of
fun, entertainment,
and art.
Artis1:'s display during
the Fall Back Festival.
Photo by Rebecca
Collins.
La Porte celebrates Christ-
mas in traditional family
style! From whispering
Christmas wishes in Santa's
ear, to lighting of the Christ-
mas tree, making holiday
crafts, singing Christmas
carols, and drinking hot
chocolate! Downtown will
even have snow!
Santa and Mrs. Claus are
ushered in on a fire truck,
and are anxious to hear
what is on the children's
wish lists! Kids get a picture
taken with Santa & Mrs.
Claus and receive a bag of
candy.
The joyful sounds of Christ-
mas fill the streets with mu-
sic performed by various
choirs, orchestra, bands,
and drama students.
Bring your Christmas shop-
ping lists with you because
there are many wonderful
items to choose from.
You can make an evening of
it, so bring your entire fam-
ily and dine at one of the
many establishments and
vendors along Main Street.
Festivities are held in La
Porte's historic downtown,
starting in the I 00 block of
Main Street/Spencer Hwy.,
east of Hwy 146. La Porte
opens their door to you,
and invites you to be a part
of the family as we celebrate
the Christmas holidays.
Porte of Call - Music & Art, the Universal Language
2nd Friday of each month November 2007 - April 2008 6:00pm - 9:00pm
La Porte is strategically posi-
tioned between two world
renowned ports, with cruise
lines being scheduled to
take people to exotic loca-
tions. It is only fitting for
this new venue to be named
the "Porte of Call - Music &
Art, the Universal Lan-
guage". We are symboli-
cally connecting with the
rest of the world by bringing
the arts to our historic
downtown.
Join us each month for an
evening of live music in an
outdoor setting. Bring a chair
to relax in and enjoy viewing
the work of artists through-
out the region. A wide range
of musical styles and visual
arts are represented through
the year.
Porte of Call is held in the
parking lot of 912 W. Main
Street, at the corner of SH
146 & Main Street.
Food and beverages are
available for purchase.
Downtown Sylvan Beach - Center for the Arts
1st Thursday of each month at 111 S. 2nd Street 6:00pm
The Main Street Program
has reached out to artists in
the region and is providing
an organized oudet and
venue for art. The new
Downtown Sylvan Beach -
Center for the Arts (DSB-
CA) provides artists with
the opportunity to network
with each other and share
their talent with the public
by participating in down-
town events and regional art
shows. Plans are in the mak-
ing for the DSB-CA to serve
as a marketing group for
member's art via the Main
Street Program.
Art draws residents and
tourists to the heart of La
Porte and serves as a revi-
talization and marketing tool
for our historic downtown.
Artists and musicians from
the region are welcome to
join the DSB-CA organiza-
tion. Meetings are held the
first Thursday of each
month in the historic City
Hall located at I I I S. 2nd
Street in La Porte, beginning
at 6:00pm.
The more the merrier, so
please come join us.
La Porte's Historic Downtown Revitalization Program
La Porte is located on Galveston Bay, minutes from Houston, Texas Page 3
Fall Back Fest - Reflecting on La Porte's heritage from the 1920's.
Fall Date to be Determined, 2008
In the hey days of the 1920's
and 1930's Sylvan Beach was
known as the "Coney Island
of the South". During this
era approximately 200,000
people travelled annually via
train from Houston to La
Porte so they could enjoy
the cool bay breezes, family
entertainment, and dancing.
The Fall Back Fest is a cele-
bration of our rich 1920's
history. The festivities take
place on Main Street Friday
and Saturday, and on Sunday
a big band dance is held in
the Pavilion at the Sylvan
Beach Park.
The festival showcases live
entertainment with roots
from the 20's, a 1920's cos-
tume contest, great food,
beverage, arts and crafts,
carriage rides, art cars, clas-
sic cars, kids entertainment
zone, and more.
La Porte boasts one of the
finest waterfront parks on
Galveston Bay and a historic
downtown which attracts
antique hunters, art lovers,
and restaurant patrons for
residents and tourists alike.
Car Main-iacs Show - Featuring the Don Schumacher Racing Team
March 27, 2008 6:00pm - 9:00pm
Cars, trucks, motorcycles,
racing vehicles, you name it
and you will see it in down-
town La Porte. A variety of
makes, models, and ages of
vehicles will be on display
along Main Street, located
east of SH 146.
Race car drivers from the
Don Schumacher Racing
Team will meet and greet
the public and sign photo-
graphs. The team will have
its U.S. Army Top Fuel
Dragster and two U.S. Army
Pro Stock Motorcycles on
display. They are a power-
ful force in all four main
National Hot Rod Associa-
tion (NHRA) divisions, and
their drivers have won nu-
merous titles. They will be
competing at the O'Reilly
NHRA Spring Nationals, at
the Houston Raceway Park
in Baytown.
Live music, food, vendors,
and moonwalks are on site.
Texas First Lady's Tour - Main Street Dedication Ceremony
The City of La Porte was se-
lected as a 2005 Texas Main
Street City. Texas' First Lady
Anita Perry joined the Texas
Historical Commission (THC)
in La Porte to celebrate being
designated as an Official Main
Street City on March 30th,
2005.
"Growing up in a small town, I
know the vital role downtown
plays in a community," said
Perry. "Being a Main Street
City means citizens recognize
that downtown is still the heart
and soul of their community."
Mayor Alton Porter said "This
was a wonderful opportunity
for La Porte to shine in the
region. Our community has so
much to offer and Anita Perry's
presence and support of the
Main Street program is just
what we needed to announce
to everyone that the City of La
Porte is committed to helping
revitalize our historic down-
town."
Jan Lawler, President/CEO of
the Economic Alliance, added,
"This type of initiative takes
years of momentum building
and hard work. Collaboration
is key to bringing the economic
benefits and state resources
that come from being selected
as a Texas Main Street City."
Melinda Hughes
is the I st Place
winner of the
1920's costume
contest. Photo
by Tommy Car-
penter.
Don Schumacher,
owner of racing team,
with Brut Funny Car.
Anita Perry, Texas
First Lady, came to
celebrate La Porte's
acceptance into the
Texas Main Street
Pl"Ogram. Photo by
Jackie Welsh.
La Porte's Historic Downtown Revitalization Program
La Porte's easy, laid back, unpretentious lifestyle & location is ripe for quality tourism development.
La Porte is 20 miles from
Houston Hobby Airport, 40
miles from Intercontinental
Airport, 5 miles from Nor-
wegian Cruise Unes, 10
miles from Bay Port's new
cruise terminal, and 35
miles from Galveston's
cruise lines.
La Porte Main Street Program - City of La Porte
Vision Statement: Main Street La Porte has re-emerged as a thriv-
ing downtown community encompassing an appealing hometown at-
mosphere in a unique historical bay front setting.
Mission Statement: La Porte's Main Street Program revitalizes
downtown through the implementation of the four-point approach of
design, economic restructuring, promotion, and organization to en-
courage reinvestment, preservation and growth. The La Porte Main
Street Program consists of an advisory board and four committees.
Design Committee Goal: To enhance and improve the aesthetics
of downtown through historic preservation.
Economic Restructuring Committee Goal: To provide various
incentives to maintain and recruit an appropriate mix of businesses for ",
downtown.
Promotion Committee Goal: To attract locals and tourists to
downtown through various events designed to create special memo-
ries for all ages.
Organization Committee Goal: To recruit volunteers, provide
historic preservation and Main Street educational opportunities, and
market downtown.
The Eight Principles of Main Street
Main Street
accomplishes
its mission of
revitalizing
historic down-
towns
through the 4-
point approach of design, eco-
nomic restructuring, promo-
tion, and organization. There
are 8 principles that pertain to
all areas of the revitalization
effort, as explained below.
I. Comprehensive Down-
town revitalization is a complex
process and cannot be accom-
plished through a single pro-
ject. For successful long-term
revitalization, a comprehensive
approach must be used.
2. Incremental Small pro-
jects and simple activities lead
to a more sophisticated under-
standing of the revitalization
process and help develop skills
so that more complex prob-
lems can be addressed and
more ambitious projects un-
dertaken.
3. Self-Help Local leaders
must have the desire and the
will to make the project suc-
cessful. The National Main
Street Center and the state
Main Street Programs provide
direction, ideas and training,
but continued and long-term
success depends upon the in-
volvement and commitment of
the community.
4. Public/Private Partner-
ship Both the public and pri-
vate sectors have a vital inter-
est in the economic health and
physical viability of the down-
town. Each sector has a role
to play, and each must under-
stand the other's strengths and
limitations so that an effective
partnership can be forged.
5. Identifying and Capital-
izing on Existing Assets
Business districts must capital-
ize on the assets that make
them unique. Every district has
unique qualities - distinctive
buildings and human scale that
give people a sense of belong-
ing. These local assets must
La Porte's historic Main
Street District in relation-
ship to Galveston Bay, Syl-
van Beach Park, major high-
ways, and both cruise line
locations..
serve as the foundation for all
aspects of the revitalization
program.
6. Quality Quality must be
emphasized in every aspect of
the revitalization program.
This applies equally to each
element of the program, from
storefront design to promo-
tional campaigns to educational
programs.
7. Change Changes in atti-
tude and practice are necessary
to improve current economic
conditions. Public support for
change will build as the pro-
gram grows.
8. Implementation-
Oriented Activity creates
confidence in the program and
ever-greater levels of participa-
tion. Frequent, visible changes
are a reminder that the revitali-
zation effort is under way.
Small projects at the beginning
of the program pave the way
for larger activities as the revi-
talization effort matures.
From the T eX3S Main Street Manual
La Porte's Histonc Downtown Revitalization Program
MAlIN STREET
\iORKSHOP
Main Street Advisory Board Training
In Brenham, Texas November 15-16, 2007
9
REQUEST FOR CITY COUNCIL AGENDA ITEM
:::::at:eq...ted: R;<~:~::; :~
Bude:et
Source of Funds:
Department: Police
Account Number:
Report:
Resolution:
Ordinance:
xx
Amount Budgeted:
Exhibits: Briefing document
Amount Requested:
Exhibits: Proposed Ordinance
Budgeted Item: YES NO XX
Exhibits
SUMMARY & RECOMMENDATION
On April 14, 2007 during the Pre-Budget Retreat the Police Chief presented a re-organization plan for the
Police Department that would require the creation of an additional position at the Assistant Chief's level.
The proposal would create an additional Assistant Chief and a reduction of one Lieutenant position. After
discussion the proposal was approved and during the budget process the new position was funded.
At that time it was felt that the second Assistant Chief position would have to be a tested position under
Civil Service Law, Chapter 143.014 of the Texas Local Government Code. This perception was corrected
in a recent Civil Service Training Session in which that particular section was clarified. According to the
way the law is written the Chief of Police, if he has four or more positions below him and upon approval
by Council, can appoint one more person to the position immediately below him that occupied the
position immediately below the Chief on 0110111983. Since the Department had three Lieutenants
authorized in 1983 and it was the position immediately below the Chief, the Chief of Police can appoint
up to four (4) Assistant Chiefs but would have to test for the fifth position.
This proposed ordinance amends the City of La Porte Civil Service Ordinance 1285 by authorizing the
increase of Assistant Chiefs to two (2) positions and reduces the Lieutenants from five (5) to four (4). It
additionally changes the single reference to "person" to the plural reference of "persons" due to the
addition of the second Assistant Chief.
Ih)~e
Dati I
ORDINANCE NO. 1285-R
AN ORDINANCE AMENDING ORDINANCE No. 1285, "AN ORDINANCE IMPLEMENTING
POLIC~'S CIVIL SERVICE; ESTABLISHING CLASSIFICATIONS; NUMBER OF AUTHORIZED
POSITIONS IN EACH CLASSIFICATION; ESTABLISHING PAY SCHEDULES"; CONTAINING A
SEVERABILITY CLAUSE; 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.
Section 3 of Ordinance 1285 is herby amended and shall
hereafter read as follows, to-wit:
"Section Three. There are hereby established the following number of
authorized positions in each of the foregoing classifications, to-wit:
Classification
Number of Authorized Positions
Patrolmen
57
Sergeant
10
Lieutenant
4
Assistant Chief
2"
Section 2.
Section 4 of Ordinance 1285 is hereby amended and shall
hereafter read as follows, to-wit:
"Section 4.
As authorized by V.T.C.A. Texas Local Government Code, Chapter
143, Section 143.014, the City Council hereby provides that the Chief of
Police may appoint the persons occupying the positions in the classification
immediately below that of Chief of Police and that the persons appointed to
this position serves at the pleasure of the Chief of Police."
Section 3. Except as hereby specifically amended, Ordinance No. 1285
and amendments thereto shall remain in full force and effect.
Section 4. If any section, sentence, phrase, clause, or any part of any
section, sentence, phrase, or clause, of this Ordinance shall, for any reason,
be held invalid, such invalidity shall not affect the remaining portions of
this Ordinance, it is hereby declared to be the intention of the City of
Council to have passed each section, sentence, phrase, or clause, or part
thereof, irrespective of the fact that any other section, sentence, phrase, or
clause, or part thereof, may be declared invalid.
Section 5.
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 thi,s 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 6.
This Ordinance shall take effect upon it passage and
approval, and it is so ordered.
PASSED AND APPROVED THIS
THE~?JI- DAY OF SA fJ UJ.lrlJ , 2008.
CITt\ I':' PORTi (;;1
By:~[)r ~
Alton E. Porter, Mayor
ATTEST:
By:
vfYlfJitk c4-LI
MARTHA GILLETT,
City Secretary
APPROV~ _
By: ~r~
CLARK T. ASKINS,
Assistant City Attorney
La Porte Police Department
3001 N. 23rd Street
La Porte, Texas 77571
281-471-3810 Fax: 281-470-1590
,-:;;QLlf,r
'~~~
~~-
Y:J"~~ ~/
, ,~. ~;aJ':f'~.
'\ Ch,"~
~.
01114/2008
To:
Ron Bottoms, City Manager
John Joerns, Assistant City Manger
From:
Richard Reff, Police Chief
Subject:
Re-Organization and New Position
In the April 14, 2007 Pre-Budget Retreat with the City Council I presented a proposal to
restructure the Department into two separate Divisions. This proposal would require the Council
to authorize an additional slot to the fourth Civil Service Classification of Assistant Chief and
consequently reduce the slots of the third Civil Service Classification of Lieutenant from five to
four. The proposal was to title the fourth classification with a rank of Captain. After discussion
it was decided that the title of Assistant Chief should stay and they approved the proposal. The
funding for this position was incorporated in the FY 08 Budget.
At that time it was believed that the second Assistant Chief s position would have to be tested as
it was believed that under State Civil Service Law, Chapter 143.014 of the Texas Local
Government Code only one position could be appointed since we did not have a fourth
classification in 1983 (zero plus one). Since the City elected to participate with Meet and Confer
with the La Porte Police Association, it was decided that the funding for the position would
remain and that the selection process would be delayed until it could be determined that the
filling of the second position could be included in a Meet and Confer Agreement to allow the
position to be appointed.
Lt. Ron Parker and I attended the Civil Service Seminar in Austin on November 7 through 9 of
2007 and this issue was brought up by several new entities who had just become Civil Service.
The question came up as to the appointment of the officer or position immediately below that of
the Chief of Police and how many can the Chief of Police appoint. John West, Council General
for the State of Texas Inspector General, advised that the governing body must authorize it by
resolution or ordinance and there must be at least four classifications or positions below the
Chief. In answering the number of positions that could be appointed he advised that section c
clearly indicates that you can appoint one more that you had occupying the position immediately
below the Chief on January 1, 1983. The question then came up regarding what happens if you
did not have four positions or classifications below the Chief in 1983. The answer was that
section c only refers to the number of positions immediately below the Chief and the four
classifications does not apply. I was very surprised and presented the following example for
clarification: If I had 46 Officers, 6 Sergeants, 3 Lieutenants, and 1 Chief on January 1, 1983
and now currently have 57 Officers, 15 Sergeants,S Lieutenants, 1 Assistant Chief, and 1 Chief
and wanted to appoint an additional Assistant Chief how many could I appoint. Mr. West
explained that if I had 3 Lieutenants immediately below the Chief in 1983, then I could appoint
Ron Bottoms
City Alanager
Richard E Reff
Chief of Police
up to four Assistant Chiefs if authorized by Council and the fifth would have to be tested. Below
is Chapter 143.014 of the Texas Local Government Code in which I highlighted the areas of
concern.
Sec. 143.014. APPOINTMENT AND REMOVAL OF PERSON CLASSIFIED
IMMEDIATELY BELOW DEPARTMENT HEAD.
(a) This section does not apply to a municipality with a population of 1.5 million or
more.
(b) If approved by the governing body of the municipality by resolution or ordinance, the
head of a fire or police department in the municipality in which at least four classifications exist
below the classification of department head may appoint each person occupying an authorized
position in the classification immediately below that of department head, as prescribed by this
section. The classification immediately below that of department head may include a person
who has a different title but has the same pay grade.
(c) In a police department, .the total number of persons appointed to the classification
immediately below that of department head may not exceed the total number of persons, plus
one, serving in that classification on January 1, 1983. In a fire department in a municipality
havingfewer than 300 certifiedfirefighters, the department head may appoint not more than one
person to the classification immediately below that of department head. If a municipality has
300 to 600 certified fire fighters, the department head may appoint two persons to the
classification. If a municipality has more than 600 certified fire fighters, the department head
may appoint three persons to the classification. This subsection does not apply to a municipality
that has adopted The Fire and Police Employee Relations Act (Article 5154c-1, Vernon's Texas
Civil Statutes) unless the municipality specifically adopts the appointment procedure prescribed
by this subsection through the collective bargaining process.
(d) A person appointed to a position in the classification immediately below that of the
head of the police department must:
(1) be employed by the municipality's police department as a sworn police
officer;
(2) have at least two years' continuous service in that department as a sworn
police officer; and
(3) meet the requirements for appointment as head of a police department
prescribed by Section 143.013 (b).
(e) A person appointed to a position in the classification immediately below that of the
head of the fire department must:
(1) be employed by the municipality'sfire department;
(2) have a permanent classification in at least an officer level; and
(3) meet the requirements for appointment as head of a fire department
prescribed by Section 143.013(b).
(j) The department head shall make each appointment under this section within 90 days
after the date a vacancy occurs in the position.
(g) A person appointed under this section serves at the pleasure of the department head.
A person who is removed from the position by the department head shall be reinstated in the
department and placed in the same classification, or its equivalent, that the person held before
appointment. The person retains all rights of seniority in the department.
(h) If a person appointed under this section is charged with an offense in violation of
civil service rules and indefinitely suspended by the department head, the person has the same
rights and privileges of a hearing before the commission in the same manner and under the same
conditions as a classified employee. If the commission, a hearing examiner, or a court of
competent jurisdiction finds the charges to be untrue or unfounded, the person shall immediately
be restored to the same classification, or its equivalent, that the person held before appointment.
The person has all the rights and privileges of the prior position according to seniority, and shall
be repaid for any lost wages.
(i) A person serving under permanent appointment in a position in the classification
immediately below that of the department head on September 1, 1983, is not required to meet the
requirements of this section or to be appointed or reappointed as a condition of tenure or
continued employment.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Upon returning from the training I did contact Clark Askins and asked him to review Chapter
143.014 and asked him how many Assistant Chiefs in the fourth classification I could appoint.
He originally indicated one, but after talking about it advised that actually I could appoint four
based on the example provided to Mr. West. He stated that the way it was written seemed to
imply that a fourth level also applied to the number of positions, but when looked at carefully it
is not the case. I additionally contacted Danny Jackson the Police Legal Advisor for the
Baytown Police Department who is very familiar with the Civil Service Laws. When asked how
many persons I could appoint to Assistant Chief using the same example of having three
Lieutenants he did not hesitate to say four. He pointed out that the fourth classification reference
only applied to when I could appoint by having at least four classifications and the number of
positions I could appoint is based on the number of positions immediately below the Chief in
1983, specifically January 1, 1983.
I have prior to the Pre Budget Retreat discussed the re-organization of the Police Department
with the Civil Service Commission and they have supported the concept and need for the second
Assistant Chief position. On Friday, January 11, 2008 I talked to Keith Trainer, the Chairman of
the Civil Service Commission, and advised him that based on the Commissions prior support of
the concept and the legal opinions I had received that I intended to proceed and submit an
Ordinance to the City Council to amend the Civil Service Ordinance accordingly on January 28,
2008.
The purpose of this document is to brief you on the status of the re-organization and the issue of
the appointment of the personnel in the fourth Civil Service Classification of Assistant Chief. It
is also to serve as a briefing document for the Council for the amended ordinance so they would
be able to understand why the position will not have to be a tested position as originally
presented at the Pre Budget Retreat in April.
Proposed Reorganization and Classifications of the
La Porte Police Department
~
Current Civil Service Classifications
Currently the La Porte Police Department is authorized four
classifications listed below with the number of positions in
those classifications:
Police Officer - authorized 57 tested positions
Sergeant - authorized 10 tested positions
Lieutenant - authorized 5 tested positions
Assistant Chief - authorized 1 appointed by the Chief
Current Police Department Civil Service Configuration
Police
Department
I
I I
Chief Assistant Chiel
(1) (1)
"" ~
I
I I I I I I
I
Lieutenant Lieutenant Lieutenant Lieutenant Lieutenant Police Officer
Day Shift Eve Shift Grv Shift cm Support Svc lAD
(1) (1) I (1) (1) (1) (1)
I
I I I I
~
Strgeant Sergeant Stlleant Sergeant Sergeant Sergeant Sergeant
Day Shift DOTlMe EveSbift Grv Shift em SOP Support Sve
(2) (1) (2) (2) (1) (1) (1)
A
I I
Police Officer Police Officer Police Officer Police Officer Police Officer Police Officer Police Officer Police Officer
Day Shift LPISD / CB DOT & M/C Eve Shift Grv Shift cm & m SOP & HmT A Support Svc
(9) (5) (6) (11) (10) (8) (5) (2)
Purpose of the Reorganization
To create a broader span of control
To enhance flow of communications
To provide consistency in operations
To prepare for future growth and development
Proposal
Add an additional position in the fourth classification
of Assistant Chief for a total of (2) two.
Under Chapter 143 the Chief can appoint one more to
the position below him than he had immediately
below him on 01/01/1983.
Reduce the number of Lieutenants in the third
classification from (5) five to (4) four
Re-organize the Department into two separate
Divisions under each Assistant Chief
Patrol and Support Services
La Porte Police Department
Proposed Reorganization Chart
Civil Service Positions
Chief of Police
I
I I
Asst Chief Asst Chief
Patrol Division Support Services
Division
'"
I I
r I I I I
Lieutenant Lieutenant Lieutenant Lieutenant Patrol Officer
Patrol Patrol Support Investigations Support Services lAD
(1) (1) (1) (1) (1)
I
I I
sergeant Sergeant sergeant Sergeant Sergeant
Patrol Patrol Support em Special SuppOrt sel'Viees
Investiglltions
(5) (2) (1) ill (1)
.
Patrol Officers Patrol Officers Patrol Officers Patrol Officers Patrol Officers
(30) (10) (8) (5) (3)
'"
La Porte Police Department
Chief of Police Office
,. ~
Chief of Police
ll.. ~
--- "\
Secretary Computer Administrator
I
A
I I
, "" , "'"
Asst Chief Patrol Division Asst Chief Support Services Division
\... ~ ..J,
La Porte Police Department
Patrol Division
Asst Chiel
Patrol
I
, I
~ "'"
~ieutenan Lieutenan
Patrol Patrol
~ Support
I 1
/ I
Sergeant Sergeant 1
Sergeant
Day Evening GraveyarlJ Sergeant Sergeant
Patrol Patrol Patrol Traffic Patrol
\.... J: (2) .d "- (2) j Support
"- .A .A
" I I
"\ I I
Patrol "-
Patrol Patrol Patrol Patrol Patrol Patrol
Ofticers Officers Offieers OffiCers Oftieers OffiCers Ofticer Disp.atehel PSA
(9) (11) (10) Motors DOT LPISD Bailiff (12) (5)
"- .A "- (2) (3) (4) (1) 4 per Shift
"--
La Porte Police Department
Support Services Division
Asst Chief
Support
Services
-----
r Support
Services
Secretary
I I I
Lieutenant Lieutenant Detective
Investigations Support lAD !
Services
I
I I
Sergeant Sergeant Sergeant
Special Support
cm Investigations Services
I I I
I I I I I I I I I I I
Detective m Crime Property Victim's Detective Detective Police Anhtutl Reeords Building
ClD Oftieer Specialist Room Assistance SI Task Force Officer C8Iltrol (2) Custodian
(7) Custodian Liaison (2) (3) , (3) Supttvi$or
1
Animal
Control
Officer (3)
Police Staffing Exercise
In June of 2006 I conducted an exercise with the Supervisors of the Police
Department. My instructions were, if you were given 74 officers and 25
civilians how would you organize your police department with those
personnel in whatever structure and as many classifications as you deem
necessary to accomplish:
The best structure to accomplish the mission and goals of the Police
Department
The best structure which would provide the best span of control
The best structure that would facilitate the flow of communications and
feedback
Of the sixteen (16) supervisors (10 Sergeants, 5 Lieutenants and 1 Assistant
Chief) twelve (12) of those supervisors built there police department
consisting of two Captainsl Assistant Chiefs. Four supervisors drafted their
police department as it currently exists with slight shifts of some personnel.
Future Goals and Objectives
Recognition from the Law Enforcement Recognition Program under
the Texas Police Chief Association.
Move the Department into a new attitude of professionalism and
performance.
To move the Department into the concept of Community Policing with
a mix of Problem Resolution.
10
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Reqnested, ~ 28. 2008
Requested By: Wavne sL
I
Department: Plannine:
Appropriation
Source of Funds:
N/A
Account Number:
N/A
Report: ~Resolution: _Ordinance: _
Amount Budgeted:
N/A
Exhibits:
Developer's Agreement
CCRs
SCUP
Aerial Map
Amount Requested:
N/A
Bude:eted Item:
N/A
SUMMARY & RECOMMENDATION
City Council at the May 21, 2007, meeting, approved an Ordinance# 150 I-V 5 for Special Conditional
Use Permit #SCU07-004 adding a provision to submit the Developer's Agreement (DA), Covenants,
Conditions, and Restrictions (CCRs) for the Lakes at Fairmont Greens Subdivision prior to filing a final
plat for Section 9 with the Planning and Zoning Commission. The subject property is zoned Planned
Unit Development (PUD) located along State Highway 146 adjacent to Bay Forest Golf Course. The
developer has submitted the developer's agreement and CCRs. Staff has reviewed these documents and a
summary is as follow:
Developer's Agreement:
y Construct all public infrastructures as per regulations and policies of the City of La Porte and
other regulatory agencies.
y Construct the following public amenities, which will be public domain and maintained by the
Public Improvement District (PID):
· 8' wide concrete hike and bike trails along detention/amenity ponds from Little Cedar Bayou
Park to McCabe Road.
· 6' high masonry sound wall along State Highway 146
· 4' high ornamental iron fence adjacent to the golf course.
· 6' upgrade wood fence with rot board and cap along Wharton Weems Blvd. and McCabe Road.
· 4 school bus stops
. Landscaping
· Entry monumentation
· Reserves/open space (including Taylor Bayou & detention/amenity ponds)
· 8' wide pedestrian bridge over Taylor Bayou
· 1-2 acre park north of Wharton Weems Blvd. with play equipment, tables, benches, BBQ pits,
trash cans etc.
· Rear lot line fences adjacent to pedestrian trails and public amenities.
The Developer's Agreement has various exhibits attached. An enhanced amenity plan of Taylor Bayou
shall be approved by the City. The maintenance of the reserves and easements, duly recorded with Harris
County, will be the responsibility of the PID as provided by the deed restrictions, enforced by
Homeowner's Association (HOA). Any damage to the public fences, sound walls, and entry
monumentation will be repaired by the developer as damage occurs.
It is further stated that the developer intends to record the plat for Section 1 once the City has accepted the
infrastructure. The following list will be considered as "Developer Items":
. Sound wall along State Highway 146
· Upgrade wood fence along Wharton Weems Blvd.
· 4' high ornamental iron fence along golf course
· Entry monumentation
. Landscaping
· School bus stops
· Determine and agree to the level of participation and schedule for payment for the signalization
of Wharton Weems Blvd. at State Highway 146.
· Rear lot line fences adjacent to the pedestrian trail or similar amenity, with specifications the
same as the fence along golf course, will be passed on to the builder subject to the approval by
the City.
Completion of these items shall continue following recordation of the Final Plat for Section 1.
Anticipated completion date for these items is May 2008. Failure to accomplish the "developer's items"
may give cause for the TIRZ Board to withhold further increments in this regard. All fence designs, once
approved by the City, will be forwarded to the TIRZ Board for further approval. Developer will furnish to
the City approved and executed agreements with the subsequent builders assigning any construction or
installation responsibilities along with a schedule of construction prior to the issuance of any building
permits. In addition, final plats on successive phases shall not be approved until "Developer Items" on
current sections under construction are completed.
Covenants, Conditions, and Restrictions (CCRs):
The declaration of covenants, conditions, and restrictions is a typical document similar to the other
conventional single-family subdivisions with a notable provision of "hold harmless clause for golf course
lots". It is stated that the homeowners are responsible for all costs of repair that are incurred when
property adjacent to the golf course and driving range is damaged by golf balls straying onto such areas.
The City of La Porte shall not be responsible for any claims, liabilities, court costs, losses and/or damages
III any case.
Construction of water, sanitary sewer, and initial drainage/detention system for Section 1 has been
completed at site. During the City's inspection, several punch list items were noted and a few of them are
yet to be resolved. In addition, traffic signalization at Wharton Weems Blvd. and State Highway 146, will
be coordinated through the TIRZ Board. The developer has withdrawn the approval of the Preliminary
Plat for Section 9 and is now planning a more conventional single-family subdivision at the subject
location.
C nsider approval of the developer's agreement, covenants, conditions, and restrictions for "the Lakes at
F' ont Greens, to be located along State Highway 146 adjacent to the Bay Forest Golf Course.
\
Ron Bottoms, City Manager
DEVELOPER'S AGREEMENT
This DEVELOPER'S AGREEMENT ("Agreement") is entered into between 65 La Porte,
Ltd., their Successors and Assigns (Devel9.R1Q and CITY OF LA PORTE, l]lXAS, a
Texas Municipal Corporation ("City") on the~~ day of JNvI);ttf ,20{1
Recitals
The Developer has proposed development of an approximate 138.41-acre tract in the
City of La Porte, as the Lakes at Fairmont Greens, which is referred to as the Tract and
defined hereinafter in Article I. Developer plans to develop the Tract, presently zoned
PUD, for single family residential use. City approval of this Developer's Agreement
shall constitute land use entitlement, subject to the additional requirements outlined
herein. Developer shall construct municipal utilities, including streets, a water
distribution system, wastewater collection system, and the storm drainage/detention
system that will connect with the existing City of La Porte and other regional systems in
accordance with development regulations and policies of the applicable regulatory
agencies. In addition to municipal utilities, the Developer will construct the following
public amenities that will be owned by the City and maintained by the Public
Improvement District (PID): 1) 8' wide concrete hike and bike trails along the
detention/amenity ponds that will extend from Little Cedar Bayou Park to McCabe Road
2) 6' high masonry sound wall along S.H. 146 3) 4' high ornamental iron fence adjacent
to the golf course 4) 6' upgrade wood fence with rot board and cap along Wharton
Weems Blvd. and McCabe Road 5) school bus stops (approximately 4) 6) landscaping
7) entry monumentation 8) reserves/open space (including Taylor Bayou and
detention/amenity ponds) 9) 8' wide pedestrian bridge over Taylor Bayou and 10) a 1-2
acre park north of Wharton Weems Blvd. with play equipment, tables, benches, BBQ
pits, trash cans, etc. (As defined in Exhibits F and G attached hereto.)
The City has required, and Developer has agreed, that the tract will be developed in
general accordance with the Overall Lakes at Fairmont Greens development (in
accordance with the General Plan) approved by the City (as defined below and attached
hereto as Exhibit C). Such General Plan shall be subject to periodic amendment as
each phase of the development is implemented.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises, obligations, and benefits
contained herein, the City and Developer agree as follows:
Developer's Agreement (Final) 011708
Page 1 of 9
ARTICLE I. DEFINITIONS AND EXHIBITS
1.1 Definitions. Unless the context indicates otherwise, the following words as used
in this Contract shall have the following meanings:
City means the City of La Porte, Texas.
General Plan means the plan for the physical de\{elNlment a0.9 use of the Tr~ct as
defined herein and approved by the City on th~_Jay of_ _, 20_-*, or as
amended as allowed herein.
SCUP means Special Conditional Use Permit approved by the City.
Developer means 65 La Porte, Ltd. or their assigns or succeeding developers.
Tract means the approximate 138.41 acres of land to be developed by Developer as
described in Exhibit B attached hereto.
HOA shall mean and refer to Lakes at Fairmont Greens Homeowners Association, Inc.,
a non-profit corporation incorporated under the laws of the State of Texas its
successors and assigns.
1.2 Exhibits. The following exhibits attached to this Contract are a part of the
Contract as though fully incorporated herein:
Exhibit A - Special Conditional Use Permit (SCUP)
Exhibit B - Metes and Bounds Description of the Tract(s)
Exhibit C - Overall Lakes at Fairmont Greens development (in accordance with the
General Plan)
Exhibit D - (Reserved)
Exhibit E - Declaration of Restrictive Covenants for Lakes at Fairmont Greens
applicable to all construction and uses.
Exhibit F - Schematic Landscape Design
Exhibit G - Amenity Plan (Open Space I Trail System I Sound Wall I Upgrade Fence I
Ornamental Iron Fence I Park) - Plan views and Cross-Sections
Exhibit H - Metes & Bounds Description of that Portion of Taylor Bayou Accepted by the
City to be Maintained by the PID.
Exhibit I - Public Improvement District Agreement
Developer's Agreement (Final) 011708
Page 2 of 9
ARTICLE II. GENERAL PLAN AND LAND USE
2.1 General Plan and land Use. Developer shall develop the entire Tract in
general accordance with the General Plan, SCUP and this Agreement, and any
amendments thereto, as approved by the City, allowing for periodic updates and
amendments to such Plan as various sections of the Overall Development are
implemented. The overall Lakes at Fairmont Greens development (in accordance with
the General Plan) is attached herewith and additional Land Use Restrictions are
provided for in paragraph 2.3.
2.2 Amendments. The City acknowledges and Developer represents that the
Developer's intent is to develop the Tracts as a residential PUD development consistent
with the City's Land Use Plan subject to certain exceptions listed below. Developer or
Developer's successors shall provide amenities and support facilities as set forth on the
General Plan and SCUP, both of which are attached to this Agreement. City
acknowledges that Developer intends to develop the Tracts in phases, and that all
development shall be in accordance with the Special Conditional Use Permit #SCU 04-
012 (SCUP), the General Plan and this Agreement. Should Developer determine that
the General Plan needs to be amended, Developer shall submit said modifications to
the City for review and approval, which said application shall be processed consistent
with this Agreement, the current General Plan and the Zoning Ordinance of the City of
La Porte, as the same may be amended from time to time. Amendments to the General
Plan, the Special Conditional Use Permit, and/or this Agreement shall be in writing.
2.3 Additional land Use Restrictions. Developer agrees to conform to the City's
Code of Ordinances, Land Use Plan and established policies.
ARTICLE III. RESTRICTIVE COVENANTS
3.1 Development of Restrictive Covenants. Developer has prepared Draft
Declaration of Restrictive Covenants for Lakes at Fairmont Greens which are attached
to this Agreement as Exhibit "E". The covenants and deed restrictions will apply to and
be binding upon the entire Tract. Declaration of Restrictive Covenants shall be
approved by the City and shall be recorded concurrently with the recordation of each
plat.
ARTICLE IV. TERMINATION
4.1 Term. This Agreement shall have a term commencing on the date first written
above and continuing until the date in which all portions of the Tract have been platted
and developed (with construction of all streets and utilities on the Tract as reflected by
the plats completed or installed and financed by the Developer).
Developer's Agreement (Final) 011708
Page 3 of9
Failure of Developer to begin construction in accordance with the approved plat/plans
and Special Conditional Use Permit within one year after issuance of said permit or as
scheduled under the terms of the SCUP shall terminate this Agreement. Developer
may, before the expiration of one year, request an extension of time from the Planning
and Zoning Commission, in the event that construction has not started in accordance
with the SCUP.
ARTICLE V. OPEN SPACE/TRAIL, BUFFERING AND
BEAUTIFICATION
5.1 Open Space/Pedestrian Trail System. The Developer shall provide common
open space and pedestrian trails within the Restricted Reserves as shown in Exhibit C.
Details and cross-sections are further illustrated on the Schematic Landscape Design
(Exhibit F).
It is recognized that, until the final design of the detention pond/drainage system within
each section is approved, the exact location and dimensions of these facilities are
schematic. However, when the final design is approved, the City agrees to accept these
areas as public recreation amenities to be maintained by the PID, further explained in
the Public Improvement District Agreement (Exhibit I).
5.2 Beautification. The Developer shall implement a landscape plan for all phases
of the entire project that will address landscaping provisions in the detention ponds,
areas adjacent to the Bayforest Golf Course, at all subdivision entrances and along S.H.
146. Such public landscape and amenity areas, including rear lot line fences adjacent to
the pedestrian trails or amenities serving a public purpose, are to be owned by the City
and maintained by the PID.
5.3 Taylor Bayou. The portion of Taylor Bayou described by metes and
bounds in Exhibit H, as well as the subdivision's drainage outfall structures within
drainage reserves, will be owned by the City and maintained by the PID. Enhanced
amenity plan of Taylor Bayou shall be approved by the City.
5.4 Ownership and Maintenance. The City will own all of the public landscape,
drainage, detention, open space and recreation reserves throughout the Development.
The maintenance of the reserves and easements will be the responsibility of the PID
pursuant to provisions of the deed restrictions, enforced by the HOA.
Grass within the dry areas of the detention ponds and Taylor Bayou will be maintained
at 12 inches in height or less. Erosion or other maintenance items within detention
ponds and Taylor Bayou will be corrected immediately as it is discovered by filling,
compacting and seeding.
Grass within parks, open space and landscape reserves will be maintained within 6
inches and grass within drainage reserves will be maintained at 9 inches in height or
less.
Developer's Agreement (Final) 011708
Page 4 of 9
Damage to the public fences, sound walls and entry monumentation will be repaired as
damage occurs.
5.5 Bi-Lateral Agreement. The Home Owner's Association and the Public
Improvement District will enter into a Bi-Lateral Agreement that states that the PID will
assess and collect the funds for the maintenance of the items listed above and the HOA
will hire the contractors and oversee the actual maintenance activities.
ARTICLE VI. SCHEDULE
6.1 Project sequencing. The Developer shall establish a specific sequence for the
development and construction of the project. Engineering, platting and construction of
the project are to be by section. The components contained in each section are subject
to approval by the City and are delineated in Exhibit C. The project schedule is outlined
below.
. Initiation of complete engineering study, including drainage and preliminary
infrastructure design.
. Detailed engineering design for Phase, including water and sanitary sewer service
and initial drainage and detention to accommodate Phase;
. Subdivision preliminary platting, site plan, and detailed engineering plans review by
the City of La Porte and others;
. Submission of Final Plat.
. Installation of on-site and off-site improvements in accordance with Plans.
. Recordation of Final Plat
. Completion of other "Developer Items" such as fences, landscaping, amenities, etc.
. Continuation of remainder of development as rapidly as market demands.
6.2 Plat Recordation. The final plat for a section, as approved by City Planning and
Zoning, may be recorded once the City has inspected and accepted the Water, Sewer,
Drainage and Paving for that section.
It is the intent of the Developer to record the Section 1 plat as soon as the water, sewer,
drainage and paving have been accepted by the City. The following list, plans and
specifications subject to City approval, will be considered "Developer Items": 1) sound
wall along S.H. 146 2) upgrade wood fence along Wharton Weems Blvd. 3) 4' high
ornamental iron style fence along the golf course 4) entry monumentation 5)
landscaping and 6) school bus stop 7) Determine and agree to the level of participation
and schedule for payment for the signalization of Wharton Weems Blvd. at SH 146. 8)
Rear lot line fences adjacent to any pedestrian pathway or similar amenity are to be of
like standard with the fence along the golf course and may be passed on to the builder
subject to the approval by the City. Completion of "Developer Items" for Section 1 shall
continue following recordation of Final Plat, with an anticipated completion date of May,
2008. Failure to accomplish the "Developer Items" may give cause for the TIRZ board to
withhold further increments. All fence designs, once approved by the City, will be
forwarded to the TIRZ Board for further approval. Developer will furnish to the City
approved and executed agreements with subsequent builders assigning any
Developer's Agreement (Final) 011708
Page 5 of 9
construction or installation responsibilities along with a schedule of construction prior to
the issuance of any building permits.
The recordation of Final Plats for successive phases implemented under this agreement
may also be done after City acceptance of the public infrastructure for said phase,
subject to the Developer providing the City with an acceptable date for completion of
other "Developer Items". Final plats on successive phases will not be approved until
"Developer Items" on current sections under construction are completed.
ARTICLE VII. UTILITIES, DRAINAGE
8.1 Utilities, Drainage. The Developer shall design and construct adequate water,
wastewater, and drainage facilities to serve each section of this project in accordance
with the City requirements and as further defined by this Agreement. As to water and
sanitary sewer, this would include a water system necessary for both fire suppression
and potable water supply with a loop connection to the main on the east side of S.H.
146 and a wastewater collection system.
The Developer will provide a drainage study for the subject property, which will include
the effect of the development on the surrounding properties as well as other properties
in the watershed. The study and design of drainage improvements shall meet the
requirements and approval of the appropriate governing agencies. Developer's
representative agrees to meet with City, prior to design of public utilities, to discuss
design criteria standards and policies. City shall approve all construction plans and
specifications for public improvements.
ARTICLE VIII. BUILDING LINES
9.1 Building Lines. The Developer shall establish building lines appropriate to the
use, but not less than those prescribed in the City's Code of Ordinances/SCUP.
Developer agrees that building lines will be either equal to or greater than that required
by ordinance for the zoning use shown and shall be based on site use or as shown on
the General Plan.
ARTICLE IX. MISCELLANEOUS
10.1 Sale of Tract; Assignability. Any contract by Developer to sell the entirety or
any portion of the Tract to a person or entity intending to develop the tract or such
portion thereof (a "Successor Developer," whether one or more) and any instrument of
conveyance for the entirety or any portion of the Tract to such Successor Developer
shall recite and incorporate this recorded Contract and exhibits hereto and provide that
this Contract be binding on such Successor Developer.
10.2 Force Majeure. If by reason of force majeure any party hereto shall be rendered
unable wholly or in part to carry out its obligations under this Agreement, then if such
party shall give notice and full particulars of such force majeure in writing to the party
Developer's Agreement (Final) 011708
Page 6 of 9
within a reasonable time after occurrence of the event or cause relied on, the obligation
of the party giving such notice, so far as it is affected by such force majeure, shall be
suspended during the continuance of inability then claimed, but for no longer period;
and any such party shall endeavor to remove or overcome such inability with all
reasonable dispatch. The term "Force Majeure" as employed herein shall mean acts of
God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders of
any kind of the Government of the United States, or any civil or military authority,
insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes,
storms, floods, washouts, arrests, restraining of government and people, civil
disturbances, explosions, or partial or entire failure of water supply resulting in an
inability to provide water necessary for operation of the water and sewer systems
hereunder. Force Majeure may not be claimed by Developer under any set of
circumstances prior to commencement of construction on the Tract.
10.3 Law Governing. This Contract shall be governed by the laws of the State of
Texas and no lawsuit shall be prosecuted on this Contract except in a federal or state
court of competent jurisdiction.
10.4 No Additional Waiver Implied. No waiver or waivers of any breach or default
by any party hereto of any term, covenant, condition, or liability hereunder, or the
performance by any party of any duty or obligation hereunder, shall be deemed or
construed to be a waiver of subsequent breaches or defaults of any kind, under any
circumstances.
10.5 Addresses and Notice. Unless otherwise provided in this Contract, any notice,
communication, request, reply, or advice (herein severally and collectively, for
convenience, called "Notice") herein provided or permitted to be given, made or
accepted by any party to the other (except bills), must be in writing and may be given or
be served by depositing the same in the United States Postal Service and addressed to
the party to be notified. Notice deposited in the mail in the manner hereinabove
described shall be conclusively deemed to be effective, unless otherwise stated in this
Contract, from and after the expiration of three (3) days after it is deposited. Notice
given in any such other method shall be effective when received by the party to be
notified. For the purpose of notice, addresses of the parties shall, until changed as
hereinafter provided, be as follows:
If to the City, to:
Ron Bottoms
City of La Porte
City Manager
604 W. Fairmont Parkway
La Porte, Texas 77571
If to Developer, to:
Norman Reed
65 La Porte, Ltd.
Project Manager
340 N. Sam Houston Pkwy., #100
Houston, Texas 77060
The parties shall have the right from time to time and at any time to change their
respective addresses and each shall have the right to specify any other address by at
least fifteen (15) days written notice to the other.
Developer's Agreement (Final) 011708
Page 7 of 9
10.6 Merger and Modifications. This Contract, including the exhibits that are
attached hereto and incorporated herein for all purposes, embodies the entire
agreement between the parties relative to the subject matter thereof. This Contract
shall be subject to change or modification only with the mutual written consent of the
parties.
10.7 Benefits of Contract. This Contract is for the benefit of the City and Developer
and shall not be construed to confer any benefit on any other person except as
expressly provided for herein.
10.8 Attorney's Fees. In the event of any litigation between the parties with respect
to this Agreement, the prevailing party shall be entitled to recover its reasonable
attorney's fees and court costs from the losing party.
10.9 Government Immunity Preserved. The Developer and the City agree that the
City does not, by entering in to this Contract or performing any act hereunder or by
failing to take any action hereunder, waive any governmental immunity that the City, its
officers, employees, or representatives, have under any law.
10.10 One-Party Breach. Any breach of this agreement by one party identified and
referred to herein as Developer shall not be or constitute a breach of this agreement by
the other party of Developer.
10.11 Covenant Running With the Land. The obligations imposed on Developers
herein shall not impose personal liability on them, but shall constitute a covenant
running with the land, and as such shall be binding on the resent owners of the Tract
as well as subsequent owners thereof.
DEVELOPER:
65 La Porte, Ltd.
Date: / /2 / / C' S
/
By:
Ron B oms, City Manager
Date: L \ \l l~
ATTEST:
<.nf)1pdap7
Martha Gillett, City Secretary
Developer's Agreement (Final) 011708
Page 8 of9
APPROVED:
(4d7'~
Clark 1. Askins, Assistant City Attorney
Developer's Agreement (Final) 011708
Page 9 of 9
",' I.
. . . .: .
EXHT:Bl'r. "A"
. .' City of La Port~. . . ... .
Special C.onditionalLJse Permit#.....~CU ~4:.:g16
Thi~ permit is issued to;
, .
, '.'
, .,
. . .
. .
. ." .
. .
. - . .
. . . ... .
'Maintenanceof detentionJ dmvn to the water level, wiII be determined in the PevelOplnent
Agreement subJe,GttP fin~l approval by the City. :'i., .' . . . '. .'...' . ..
Total voluil1e 6f detention ponds shall meet oi:e~weed the total volume rec<:Jl1lIl1t;inded by
tl1efayJgi ~aYO:Q9tudY. '. . ..... ',~. . . ... " ". ' .'
C()otc'!ll.t~~e'~\rith the City $~aff. oll.;pee:hanispl for maintaining stli4,c water level in wet
.~g'" ,. ""':p ponds. . . .
.ParkS. ti" dsca'in : '. '.. , .
:: Aaa,~~~;~j~:r~~::~:~~:~~~;;;c:;::~~'
3 'n#cWitrian!bicycl~ alon~ the linear detentlonlp<!l"k ~~.s? with entry and exit to th~' ,
, iri lit least 4.5 10 ,g its length. : " .', . .
'ii cletrmls will b ., tlie'subdivisi6riancl &~i1e'ftil"iibiic. Maintenance
~~~Q*";wp~~~~:,~~Wn (HOA~ P~~~?,!:'; '1B~9#fDiStiicl &1" , ,"
"jooestrianlbic ,ct&.trltils'{\iith trees simateq $, a<id' 4~ ,ahglaudscapingt9 g%lW~"b,~~l,
'<' :1:-.<.':
.~ ,. "::
'oV'ide a<,iditi~nal souria ea h~ desig;n of the sou
';.:,;::;:,,:::::::::~:::::
"~'
d~y
.3. All'
4. Com
, . ofT
,. .. ~egin , witWn 12 months after 1s or as scheduled under the teIJilS of a special
'.l:l.l nsepeiTI:iL "m'd. the permit as appr'ove . eXoeplllpou an extensiO!l nftifue granted after
j;t() the P1iumili&M91'4~ Commi~~ip~/ . " ,,'
'-'.': :.... .,' "."
.. .
'. and construction for 'tl\'~jiew 24" trunk se.t,ertuah1~ l()catlO1~ of newlift~tlop,#12.
~, ,improv~ruentS to' M~#9'i an,4' other in:frasittjc~:,aib'tP~ responsibilitYQf Vt~
oper and shall be appi:ove(t e City Staff. m ..... ....; '. . ... m. ...
m~tef~c~9rmnodatiriJil O#l~ter reader d~\,JS:~f$lML6e installed by the
~.:;t~a=f[j6!~~,,!' -foJi~~~n::j~;;~i~g~~'~e Gity OfLapOlt~,
ot~~fapplicable lav.;~:1Ji~~ '1~e$ oftbe git)i of' "'<)rte and tile State
'.': ... (<t
ii', ':'. . , : .;.
.. mtf?9~s~y1i()n is tel1jJin?-t&t,~er oo;npletiou of ?it)' Bti1~'f~4 t~ele is ample evide~~tlill.~~~,er developmel;1!:. j'
is~q~ f1!1teIDplate~J~~..,9IWt~u.P~ establishing spcp sJjeqi~l coi1ditional use pCimit~?)1 Q~ re~chide4b'y 111e city'
..,90u*o.il~uRon its q\Vp Wt3ti9~orupon rec.()lllille~c1~ti9iloftIH~ Planning an9 Z;q.niIJ.~Gq.~SiOIl of the City of
. 1.8, PQli~. all9. the previo~ zOllWg of the enflIe tnift sl1:.il( Jje ill. fulleff'ec1: 011 tpe poiti911 }vllicl1 i~' undev~lope~t
ValidatiOIlD~te:""W'S.....'1b1)r' . .. ... '. .
tX\~JJ:LD ,~r ~0L;6W~__
~:',~'M8t rof,1?la~i~g- 'H - ---..--, '; J '. CIty Secr~f?JY .
, ,
EXHIBIT B
METES AND BOUNDS
TRACT 1:
A 19.169 ACRE CALLED (835,020 SQUARE FEET) CALCULATED 835,002 SQUARE FEET
TRACT OF LAND, COMPRISING PART OF THE TOWN OF LA PORTE (VOL. 60, PG. 112,
HARRIS COUNTY DEED RECORDS), JOHNSON HUNTER SURVEY, ABSTRACT 35, LA
PORTE, HARRIS COUNTY. TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS.
TRACT 2:
A 14.707 ACRE (640.616 SQUARE FEET) TRACT OF LAND IN THE TOWN OF LA PORTE
(VO. 60, PG 112, ET SEQ. HARRIS COUNTY DEED RECORDS), W.P. HARRIS SURVEY,
ABSTRACT 30, LA PORTE, HARRIS COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS.
TRACT 3:
A 9.075 ACRE (395.310 SQUARE FEET) CALLED 876,385 SQUARE FEET TRACT OF LAND,
IN THE TOWN OF LA PORTE (VOL. 60, PG. 112, HARRIS COUNTY DEED RECORDS) W.P.
HARRIS SURVEY, ABSTRACT 30, LA PORTE, HARRIS COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS ON EXHIBIT "A" ATTACHED
HERETO AND MADE A PART HEREOF.
TRACT 4:
A 20.119 ACRE CALLED (876,392 SQUARE FEET) CALCULATED 876,385 SQUARE FEET
TRACT OF LAND, IN THE W.P. HARRIS SURVEY, ABSTRACT 30, LA PORTE, HARRIS
COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
TRACT 5:
A 4.973 ACRE (216,625 SQUARE FEET) TRACT OF LAND, IN THE W.P. HARRIS SURVEY,
ABSTRACT 30, LA PORTE, HARRIS COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS ON EXHIBIT "A" ATTACHED HERETO AND MADE A
PART HEREOF.
TRACT 6:
BEING A 2.8755 ACRE (125,258 SQUARE FEET) TRACTOF LAND, MORE OR LESS, IN THE
TOWN OF LA PORTE, (VOL. 60, PG 112, ET SEG, HARRIS COUNTY DEED RECORDS), W.P.
HARRIS SURVEY, ABSTRACT 30, LA PORTE, HARRIS COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS ON EXHIBIT "A" ATTACHED
HERETO AND MADE A PART HEREOF.
TRACT 7:
BEING A 16.586 ACRE (722,474 SQUARE FEET) TRACT OF LAND IN THE TOWN OF LA
PORTE (VOL. 60, PG 112, H.C.D.R.), W.P. HARRIS SURVEY, ABSTRACT 30, LA PORTE,
HARRIS COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS ON EXHIBIT "An ATTACHED HERETO AND MADE A PART HEREOF.
TRACT 8:
C:\ARETE\PROJECTS (Active)\LAKES AT FAIRMONT GREENS\Agreements and
Contracts\Developer's Agreement\Exhibit B Metes and Bounds Full Project.doc
11/27/2007
EXHIBIT B
METES AND BOUNDS
BEING A 5.754 ACRE (250,652 SQUARE FEET) TRACT OF LAND IN THE TOWN OF LA
PORTE (VOL. 60, PG. 112, H.C.D.R.), W.P. HARRIS SURVEY, ABSTRACT 30, LA PORTE,
HARRIS COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
TRACT 9:
A TRACT OF LAND CONTAINING 41.992 ACRES (1,829, 187 SQUARE FEET) OF LAND IN
THE TOWN OF LA PORTE (VOL. 60, PG. 112, ET SEG, H.C.D.R.), JOHNSON HUNTER
SURVEY, A-35, AND THE W.P. HARRIS SURVEY, ABSTRACT 30, LA PORTE, HARRIS
COUNTY, TEXAS; SAID 41.992 ACRES BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS ON EXHIBIT "An ATTACHED HERETO AND MADE A PART HEREOF.
C:\ARETE\PROJECTS {Active)\LAKES AT FAIRMONT GREENS\Agreements and
Contracts\Developer's Agreement\Exhibit B Metes and Bounds Full Project.doc
11/27/2007
( ,
, '
EXHIBIT B
METES AND BOUNDS
LEGAL DESCRIPTION
TRACT 1
BEING A 19.169 ACRE (835,002 SQUARE fEET) CALLED 835,020 SQUARE fEET Of LAND
COMPRISING PART Of THE TOWN Of LA PORTE (VOL. 60, PG. 112, H.C.D.R.) JOHNSON
HUNTER SURVEY, A-35, LA PORTE, HARRIS COUNTY, TEXAS AND IS MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS fOLLOWS:
BEGINNING AT A SET 5/8 INCH IRON ROD AT THE NORTHWEST CORNER Of THIS 19.169
ACRE TRACT; SAID POINT BEING COINCIDENT WITH THE SOUTHWEST CORNER Of BAY
POINT (GARDENWALK) TOWNHOMES (VOL. 195, PG. 18, H.C.M.R.) AND THE EAST RIGHT-
Of-WAY LINE Of STATE HIGHWAY 146;
THENCE SOUTH 89 DEGREES 59 MINUTES 41 SECONDS EAST (CALL EAST);
COINCIDENT WITH THE SOUTH BOUNDARY LINE Of SAID BAY POINT TOWNHOMES; A
DISTANCE Of 937.99 fEET TO A 5/8 INCH IRON ROD SET AT THE NORTHEAST CORNER
Of THIS 19.169 ACRE TRACT;
THENCE SOUTH COINCIDENT WITH THE WEST BOUNDARY LINE Of LITTLE CEDAR
BAYOU PARK A DISTANCE Of 461.88 fEET TO A 5/8 INCH IRON ROD fOUND fOR
CORNER;
THENCE WEST COINCIDENT WITH THE NORTH BOUNDARY LINE Of THAT CERTAIN 3.399
ACRE (TRACT IV), (HCCf NO. K784741) COMPRISING PART Of CITY Of LA PORTE BAY
fOREST GOLf COURSE; A DISTANCE Of 100.00 fEET TO A 5/8 INCH IRON ROD fOUND
fOR CORNER;
THENCE SOUTH COINCIDENT WITH THE WEST BOUNDARY LINE Of SAID CITY Of
LA PORTE 3.399 ACRE TRACT A DISTANCE Of 467.73 fEET TO A 5/8 INCH IRON ROD
fOUND fOR THE SOUTHEAST CORNER Of THIS 19.169 ACRE TRACT;
THENCE WEST COINCIDENT WITH THE NORTH BOUNDARY LINE Of TRACT 2 (20.000
ACRE TRACT) A DISTANCE Of 859.72 fEET TO A 5/8 INCH IRON ROD SET fOR
SOUTHWEST CORNER Of THIS 19.169 ACRE TRACT;
THENCE NORTH 00 DEGREES 02 MINUTES 01 SECONDS EAST, COINCIDENT WITH THE
EAST RIGHT-Of-WAY LINE Of STATE HIGHWAY 146, A DISTANCE Of 391.78 fEET TO A
SET 5/8 INCH IRON ROD fOR CORNER;
THENCE SOUTH 87 DEGREES 58 MINUTES 30 SECONDS EAST, COINCIDENT WITH THE
SOUTH RIGHT-Of-WAY LINE Of STATE HIGHWAY 146, A DISTANCE Of 16.60 fEET TO A
1/2 INCH IRON ROD fOUND fOR CORNER;
THENCE NORTH 00 DEGREES 31 MINUTES 19 SECONDS EAST, COINCIDENT WITH THE
EAST RIGHT-Of-WAY LINE Of STATE HIGHWAY 146, A DISTANCE Of 538.53 fEET TO
THE POINT Of BEGINNING.
C:\ARETE\PROJECTS (Active)\LAKES AT fAIRMONT GREENS\Agreements and
Contracts\Developer's Agreement\Exhibit B Metes and Bounds full Project.doc
11/27/2007
. ,
"
EXHIBIT B
METES AND BOUNDS
LEGAL DESCRIPTION
TRACT 2
BEING A 14.707 ACRE TRACT (640,616 SQUARE FEET) TRACT OF LAND IN THE TOWN OF
LA PORTE (VOL. 60, PG. 112, ET SEQ. H.C.D.R.) W. P. HARRIS SURVEY, A-30, LA PORTE,
HARRIS COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8 INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF THAT
CERTAIN CITY OF LA PORTE BAY FOREST GOLF COURSE TRACT II (20.35 ACRES) AS
DESCRIBED IN HCCF NO. K784741, AND THE SOUTHEAST CORNER OF THIS 14.707 ACRE
TRACT;
THENCE SOUTH 87 DEGREES 50 MINUTES 08 SECONDS WEST, COINCIDENT WITH THE
NORTH RIGHT-OF-WAY LINE OF WHARTON WEEMS BOULEVARD (HCCF # E563165); A
DISTANCE OF 712.51 FEET TO A 5/8 INCH IRON ROD SET FOR THE SOUTHWEST
CORNER OF THIS 14.707 ACRE TRACT AND FROM WHICH A 1/2 INCH IRON ROD WAS
FOUND BEARS SOUTH 03 DEGREES 55 MINUTES WEST, 0.74 FEET;
THENCE NORTH COINCIDENT WITH THE EAST BOUNDARY LINE OF TRACT 9, (41.992
ACRES) AND THE WEST RIGHT-OF-WAY LINE OF 6TH STREET (CLOSED BY HARRIS
COUNTY COMMISSIONERS COURT VOL. 5307, PG. 419, HCDR) A DISTANCE OF 913.20
FEET TO A 5/8 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF THIS 14.707
ACRE TRACT;
THENCE EAST COINCIDENT WITH THE SOUTH BOUNDARY LINE OF CITY OF LA PORTE
BAY FOREST GOLF COURSE A DISTANCE OF 712.00 FEET TO A 5/8 INCH IRON ROD SET
FOR THE NORTHEAST CORNER OF THIS 14.707 ACRE TRACT;
THENCE SOUTH COINCIDENT WITH THE WEST BOUNDARY LINE OF CITY OF LA PORTE
BAY FOREST GOLF COURSE TRACT II, A DISTANCE OF 886.29 FEET TO THE POINT OF
BEGINNING.
C:\ARETE\PROJECTS (Active)\LAKES AT FAIRMONT GREENS\Agreements and
Contracts\Developer's Agreement\Exhibit B Metes and Bounds Full Project.doc
11/27/2007
,.
EXHIBIT B
METES AND BOUNDS
LEGAL DESCRIPTION
TRACT 3
BEING A 9.075 ACRE (395,310 SQUARE FEET) TRACT OF LAND IN THE TOWN OF LA
PORTE (VOL. 60, PG. 112 ET SEQ. HCDR) W. P HARRIS SURVEY, A-30, lA PORTE, HARRIS
COUNTY, TEXAS. THE 9.075 ACRE TRACT IS MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS;
BEGINNING AT A 5/8 INCH IRON ROD SET ON THE EAST RIGHT-OF-WAY LINE OF STATE
HIGHWAY 146 AT THE SOUTHWEST CORNER OF THIS 9.075 ACRE TRACT AND THE
NORTHWEST CORNER OF THAT CERTAIN 110 FEET WIDE HARRIS COUNTY FLOOD
CONTROL DISTRICT DRAINAGE EASEMENT (VOL. 6642, PG. 439, HCDR);
THENCE IN A NORTHERLY DIRECTION COINCIDENT WITH THE EAST RIGHT-OF-WAY
LINE OF STATE HIGHWAY 146, FOLLOWING A CURVE TO THE LEFT, SAID CURVE
HAVING A CENTRAL ANGLE OF 4 DEGREES 47 MINUTES 24 SECONDS A RADIUS OF
5906.03 FEET, CHORD BEARING AND DISTANCE OF NORTH 16 DEGREES 26 MINUTES 45
SECONDS EAST, A DISTANCE OF 493.62 FEET FOR A TOTAL ARC DISTANCE OF 493.78
FEET TO A 5/8 INCH IRON ROD SET FOR THE NORTHWEST CORNER OF THIS 9.075 ACRE
TRACT;
THENCE SOUTH 89 DEGREES 44 MINUTES 02 SECONDS EAST COINCIDENT WITH THE
SOUTH BOUNDARY LINE OF TRACT 8 (5.754 ACRE TRACT) A DISTANCE OF 655.09 FEET
TO A 5/8 INCH IRON ROD SET FOR THE NORTHEAST CORNER OF THIS 9.075 ACRE
TRACT;
THENCE SOUTH 12 DEGREES 55 MINUTES 28 SECONDS WEST, COINCIDENT WITH THE
WEST BOUNDARY LINE OF THAT CERTAIN CITY OF LA PORTE BAY FOREST GOLF
COURSE TRACT III (69.35 ACRES) (HCCF NO. K784741) A DISTANCE OF 773.78 FEET TO A
5/8 INCH IRON ROD SETFOR THE SOUTHEAST CORNER OF THIS 9.075 ACRE TRACT;
THENCE NORTH 35 DEGREES 34 MINUTES 35 SECONDS WEST, COINCIDENT WITH THE
NORTH RIGHT-OF-WAY LINE OF SAID 110 FEET HARRIS COUNTY FLOOD CONTROL
DISTRICT EASEMENT A DISTANCE OF 101.50 FEET TO A 5/8 INCH IRON ROD FOUND FOR
CORNER;
THENCE NORTH 70 DEGREES 19 MINUTES 18 SECONDS WEST COINCIDENT WITH THE
NORTH RIGHT-OF-WAY LINE OF SAID 110 FEET HARRIS COUNTY FLOOD CONTROL
DISTRICT DRAINAGE EASEMENT A DISTANCE OF 597.61 FEET TO THE POINT OF
BEGINNING.
C:\ARETE\PROJECTS (Active)\LAKES AT FAIRMONT GREENS\Agreements and
Contracts\Developer's Agreement\Exhibit B Metes and Bounds Full Project.doc
11/27/2007
EXHIBIT B
METES AND BOUNDS
LEGAL DESCRIPTION
TRACT 4
BEING A 20.1190 ACRE (876,385 SQUARE FEET) CALLED (876,392 SQUARE FEET) TRACT
OF LAND IN THE W. P. HARRIS SURVEY, A-30, LA PORTE HARRIS COUNTY, TEXAS. SAID
20.1190 ACRE TRACT MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A SET 5/8 INCH IRON ROD MARKING THE NORTH RIGHT-OF-WAY LINE OF
McCABE ROAD AND THE EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146, SAID
POINT BEING THE SOUTHWEST CORNER OF THIS 20.1190 ACRE TRACT;
THENCE NORTH 23 DEGREES 27 MINUTES 22 SECONDS EAST. COINCIDENT WITH THE
EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146, A DISTANCE OF 706.52 FEET (CALL
708.06 FEET) TO A CONCRETE HIGHWAY MONUMENT FOUND FOR A POINT OF
CURVATURE;
THENCE IN A NORTHERLY DIRECTION, COINCIDENT WITH THE EAST RIGHT-OF-WAY
LINE OF STATE HIGHWAY 146, FOLLOWING A NON-TANGENT CURVE TO THE LEFT, SAID
CURVE HAVING A CENTRAL ANGLE OF 3 DEGREES 31 MINUTES 23 SECONDS, A RADIUS
OF 5906.03 FEET, CHORD BEARING AND DISTANCE OF NORTH 21 DEGREES 40 MINUTES
08 SECONDS EAST, 363.10 FEET, FOR AN ARC DISTANCE OF 363.15 FEET TO A 5/8 INCH
IRON ROD FOUND FOR THE NORTHWEST CORNER OF THIS 20.1190 ACRE TRACT;
THENCE SOUTH 70 DEGREES 19 MINUTES 18 SECONDS EAST, COINCIDENT WITH THE
SOUTH RIGHT-OF-WAY LINE OF THAT CERTAIN 110 FEET WIDE HARRIS COUNTY FLOOD
CONTROL DISTRICT DRAINAGE EASEMENT (VOL. 6642, PAGE 439, H.C.D.R.); A DISTANCE
OF 562.61 FEET TO A 5/8 INCH IRON ROD SET FOR CORNER;
THENCE SOUTH 35 DEGREES 34 MINUTES 35 SECONDS EAST; COINCIDENT WITH THE
WEST RIGHT-OF-WAY liNE OF SAID HARRIS COUNTY FLOOD CONTROL DISTRICT
DRAINAGE EASEMENT, A DISTANCE OF 651.96 FEET TO A 5/8 INCH IRON ROD SET FOR
CORNER;
THENCE SOUTH 00 DEGREES 41 MINUTES 16 SECONDS EAST, COINCIDENT WITH THE
WEST RIGHT-OF-WAY LINE OF SAID HARRIS COUNTY FLOOD CONTROL DISTRICT
DRAINAGE EASEMENT, A DISTANCE OF 269.87 FEET TO A 1/2 INCH IRON ROD FOUND
FOR THE SOUTHEAST CORNER OF THIS 20.1190 ACRE TRACT;
THENCE NORTH 89 DEGREES 49 MINUTES 39 SECONDS WEST, COINCIDENT WITH THE
NORTH RIGHT-OF-WAY LINE OF McCABE ROAD, A DISTANCE OF 1327.60 FEET TO THE
POINT OF BEGINNING.
C:\ARETE\PROJECTS (Active)\LAKES AT FAIRMONT GREENS\Agreements and
Contracts\Developer's Agreement\Exhibit B Metes and Bounds Full Project.doc
11/27/2007
EXHIBIT B
METES AND BOUNDS
LEGAL DESCRIPTION
TRACT 5
BEING A 4.973 ACRE (216,624 SQUARE FEET) TRACT OF LAND IN THE W.P. HARRIS
SURVEY, A-30, LA PORTE, HARRIS COUNTY, TEXAS. THE 4.973 ACRE TRACT IS MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOllOWS:
BEGINNING AT A 1/2 INCH IRON ROD FOUND ON THE NORTH RIGHT-OF-WAY LINE OF
MCCABE ROAD AT THE SOUTHWEST CORNER OF THIS 4.973 ACRE TRACT AND THE
SOUTHEAST CORNER OF THAT CERTAIN 110 FEET WIDE HARRIS COUNTY FLOOD
CONTROL DISTRICT DRAINAGE DITCH EASEMENT (VOL. 6642, PG. 439 HCDR);
THENCE NORTH 0 DEGREES 41 MINUTES 16 SECONDS WEST COINCIDENT WITH THE
EAST RIGHT-OF-WAY LINE OF SAID HCFCD DRAINAGE DITCH EASEMENT A DISTANCE
OF 300.02 FEET TO A 5/8 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF
THIS 4.973 ACRE TRACT;
THENCE SOUTH 89 DEGREES 49 MINUTES 39 SECONDS EAST, COINCIDENT WITH THE
SOUTH BOUNDARY LINE OF THAT CERTAIN CITY OF LA PORTE BAY FOREST GOLF
COURSE TRACT III (69.35 ACRES) (HCCF NO. K784741) PASSING AT 4.56 FEET A 5/8 INCH
IRON ROD FOUND ON LINE, FOR A TOTAL DISTANCE OF 724.56 FEET TO A 5/8 INCH IRON
ROD FOUND FOR THE NORTHEAST CORNER OF THIS 4.973 ACRE TRACT;
THENCE SOUTH 0 DEGREES 15 MINUTES 09 SECONDS WEST, COINCIDENT WITH THE
WEST BOUNDARY LINE OF FOREST VIEW MOBILE HOME PARK (ABANDONED
TIDEWOOD SUBDIVISION SECTION ONE) (VOL. 66, PG 61, HCMR) A DISTANCE OF 300.00
FEET TO A 5/8 INCH IRON ROD FOUND FOR THE SOUTHEAST CORNER OF THIS 4.973
ACRE TRACT;
THENCE NORTH 89 DEGREES 49 MINUTES 35 SECONDS WEST, COINCIDENT WITH THE
NORTH RIGHT-OF-WAY LINE OF MCCABE ROAD, A DISTANCE OF 719.64 FEET TO THE
POINT OF BEGINNING.
C:\ARETE\PROJECTS (Active)\LAKES AT FAIRMONT GREENS\Agreements and
Contracts\Developer's Agreement\Exhibit B Metes and Bounds Full Project.doc
11/27/2007
EXHIBIT B
METES AND BOUNDS
LEGAL DESCRIPTION
TRACT 6
BEING A 2.8755 ACRE (125,258 SQUARE FEET) TRACT OF LAND IN THE TOWN OF LA
PORTE (VOL. 60, PG. 112 ET. SEQ. H.C.D.R.), W. P. HARRIS SURVEY, A-30, LA PORTE,
HARRIS COUNTY, TEXAS. SAID 2.8755 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8 INCH IRON ROD SET MARKING THE INTERSECTION OF SOUTH
RIGHT-OF-WAY LINE OF WHARTON WEEMS BOULEVARD (H.C.C.F. NO. E563165) WITH
THE EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146;
THENCE NORTH 89 DEGREES 01 MINUTES 35 SECONDS EAST, COINCIDENT WITH THE
SOUTH RIGHT-OF-WAY LINE OF WHARTON WEEMS BOULEVARD, FOR A DISTANCE OF
190.05 FEET TO HIGHWAY MONUMENT (BRASS CAP IN CONCRETE) FOUND FOR
CORNER;
THENCE NORTH 86 DEGREES 46 MINUTES 31 SECONDS EAST, COINCIDENT WITH THE
SOUTH RIGHT-OF-WAY LINE OF WHARTON WEEMS BOULEVARD, FOR A DISTANCE OF
83.53 FEET TO A 5/8 INCH IRON ROD SET FOR CORNER;
THENCE SOUTH, FOR A DISTANCE OF 358.40 FEET TO A 5/8 INCH IRON ROD SET FOR
CORNER;
THENCE WEST, FOR A DISTANCE OF 402.51 FEET TO A 5/8 INCH IRON ROD SET FOR
CORNER;
THENCE NORTH 14 DEGREES 54 MINUTES 28 SECONDS EAST, COINCIDENT WITH THE
EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146, FOR A DISTANCE OF 181.06 FEET
TO A 5/8 INCH IRON ROD SET FOR CORNER;
THENCE NORTH 10 DEGREES 32 MINUTES 41 SECONDS EAST, COINCIDENT WITH THE
EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146, FOR A DISTANCE OF 127.65 FEET
TO A 5/8 INCH IRON ROD SET FOR CORNER;
THENCE NORTH 49 DEGREES 47 MINUTES 08 SECONDS EAST, FOR A DISTANCE OF
77.45 FEET TO THE POINT OF BEGINNING AND CONTAINING 2.8755 ACRES OF LAND.
C:\ARETE\PROJECTS (Active)\LAKES AT FAIRMONT GREENS\Agreements and
Contracts\Developer's Agreement\Exhibit B Metes and Bounds Full Project.doc
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EXHIBIT B
METES AND BOUNDS
TRACT 7
BEING A 16.586 ACRE (722,474 SQUARE FEET) TRACT OF LAND IN THE TOWN OF LA
PORTE (VOL. 80, PG. 112. H.C.D.R.), W. P. HARRIS SURVEY, A-30, LA PORTE, HARRIS
COUNTY, TEXAS. THE 16.586 ACRE TRACT IS MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8 INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF
THAT CERTAIN CITY OF LA PORTE BAY FOREST GOLF COURSE TRACT III (69.35 ACRES)
(H.C.C.F. NO. K784741) AND THE NORTHEAST CORNER OF THIS 16.586 ACRE TRACT;
SAID CORNER BEING COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF WHARTON
WEEMS BOULEVARD (H.C.C.F. NO. E563165);
THENCE SOUTH, COINCIDENT WITH THE WEST BOUNDARY LINE OF SAID CITY OF LA
PORTE BAY FOREST GOLF COURSE, A DISTANCE OF 545.03 FEET TO THE SOUTHEAST
CORNER OF THIS 16.586 ACRE TRACT, FROM WHICH A FENCE CORNER BEARS SOUTH
13 DEGREES 24 MINUTES WEST, 0.47 FEET;
THENCE, NORTH 89 DEGREES 44 MINUTES 02 SECONDS WEST, COINCIDENT WITH THE
NORTH BOUNDARY LINE OF SAID CITY OF LA PORTE BAY FOREST GOLF COURSE, A
DISTANCE OF 1402.12 FEET TO A 5/8 I NCH I RON ROD SET FOR THE SOUTHWEST
CORNER OF THIS 16.586 ACRE TRACT;
THENCE NORTH, COINCIDENT WITH THE EAST BOUNDARY LINE OF TRACT 8 (5.754
ACRES); A DISTANCE OF 485.53 FEET TO A 5/8 INCH IRON ROD FOUND FOR THE
NORTHWEST CORNER OF THIS 16.586 ACRE TRACT;
THENCE NORTH 87 DEGREES 50 MINUTES 08 SECONDS EAST, COINCIDENT WITH THE
SOUTH RIGHT-OF-WAY LINE OF WHARTON WEEMS BOULEVARD, A DISTANCE OF
1403.11 FEET TO THE POINT OF BEGINNING, AND CONTAINING 16.586 ACRES OF LAND.
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EXHIBIT B
METES AND BOUNDS
LEGAL DESCRIPTION
TRACT 9
BEING A41.992 ACRE (1,829,187 SQUARE FEET) TRACT OF LAND IN THE TOWN OF LA
PORTE (VOL. 60, PG. 112 H.C.D.R.), JOHNSON HUNTER SURVEY, A-35, AND W. P. HARRIS
SURVEY, A-30, LA PORTE, HARRIS COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8 INCH IRON ROD SET AT THE INTERSECTION OF THE EAST RIGHT-
OF-WAY LINE OF STATE HIGHWAY 146 WITH THE NORTH RIGHT-OF-WAY LINE OF
WHARTON WEEMS BOULEVARD (H.C.C.F. NO. E563165).
THENCE IN A NORTHERLY DIRECTION, WITH THE EAST LINE OF STATE HIGHWAY 146,
FOLLOWING A NON-TANGENT CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 06
DEGREES 44 MINUTES 36 SECONDS, A RADIUS OF 5906.03 FEET, CHORD BEARING AND
DISTANCE OF NORTH 03 DEGREES 18 MINUTES 00 SECONDS EAST, 694.70 FEET, AN
ARC DISTANCE OF 695.10 FEET TO A 5/8 INCH IRON ROD SET AT THE POINT OF
TANGENCY;
THENCE NORTH 00 DEGREES 02 MINUTES 01 SECONDS EAST, CONTINUING WITH THE
EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146, FOR A DISTANCE OF 667.45 FEET
TO THE NORTHWEST CORNER OF THIS 41.992 ACRE TRACT, BEING THE SOUTHWEST
CORNER OF TRACT 2 (20.00 ACRE TRACT), FROM WHICH A FENCE CORNER BEARS
SOUTH 38 DEGREES 26 MINUTES EAST, 1.36 FEET;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, WITH THE SOUTH LINE
OF "S" STREET (CLOSED BY HARRIS COUNTY COMMISSIONER COURT, VOLUME 5307,
PAGE 419 HARRIS COUNTY DEED RECORDS), PASSING AT 860.31 FEET THE
SOUTHEAST CORNER OF TRACT 2 AND THE SOUTHWEST CORNER OF THAT CERTAIN
3.399 ACRE TRACT IV (HARRIS COUNTY CLERKS FILE NO. K784741), PASSING AT 960.31
FEET THE SOUTHWEST CORNER OF THE 3.399 ACRE TRACT, AND THE SOUTHWEST
CORNER OF THE CITY OF LA PORTE BAY FORREST GOLF COURSE, FOR A TOTAL
DISTANCE OF 1286.40 FEET CALLED 1236.31 FEET TO THE NORTHEAST CORNER OF
THIS 41.992 ACRE TRACT, FROM WHICH A FENCE CORNER BEARS SOUTH 03 DEGREES
48 MINUTES WEST, 1.80 FEET;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, WITH THE WEST LINE OF
6TH STREET (CLOSED BY HARRIS COUNTY COMMISSIONER COURT, VOLUME 5307,
PAGE 419, HARRIS COUNTY DEED RECORDS), PASSING AT 480.00 FEET CALLED 450.00
FEET THE SOUTHWEST CORNER OF CITY OF LA PORTE BAY FOREST GOLF COURSE
AND THE NORTHWEST CORNER OF TRACT 2 (14.707 ACRE TRACT), FOR A TOTAL
DISTANCE OF 1393.20 FEET CALLED 1383.20 TO THE SOUTHEAST CORNER OF THIS
41.992 ACRE TRACT AND THE SOUTHWEST CORNER OF TRACT 2, FROM WHICH A 5/8
INCH IRON ROD FOUND BEARS SOUTH 03 DEGREES 55 MINUTES WEST, 0.74 FEET;
THENCE SOUTH 87 DEGREES 50 MINUTES 08 SECONDS WEST, WITH THE NORTH LINE
OF WHARTON WEEMS BOULEVARD, FOR A DISTANCE OF 782.69 FEET, FROM WHICH A
TX. DOT. CONCRETE MONUMENT WITH BRASS DISK FOUND BEARS SOUTH 16
DEGREES 39 MINUTES EAST, 0.46 FEET;
THENCE NORTH 89 DEGREES 28 MINUTES 42 SECONDS WEST; CONTINUING WITH THE
NORTH LINE OF WHARTON WEEMS BOULEVARD, FOR A DISTANCE OF 317.48 FEET,
FROM WHICH A TX. DOT. CONCRETE MONUMENT WITH BRASS DISK FOUND BEARS
SOUTH 06 DEGREES 35 MINUTES EAST, 0.86 FEET;
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EXHIBIT B
METES AND BOUNDS
THENCE, SOUTH 89 DEGREES 10 MINUTES 37 SECONDS WEST, CONTINUING WITH THE
NORTH LINE OF WHARTON WEEMS BOULEVARD, FOR A DISTANCE OF 173.73 FEET, TO
THE BEGINNING OF A NON TANGENT CURVE TO THE RIGHT, FROM WHICH A TX. DOT
CONCRETE MONUMENT WITH BRASS DISK FOUND BEARS SOUTH 12 DEGREES 48
MINUTES EAST, 1.07 FEET;
THENCE IN A NORTHWESTERLY DIRECTION WITH THE NORTH LINE OF WHARTON
WEEMS BOULEVARD, FOllOWING A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE
OF 95 DEGREES 21 MINUTES 19 SECONDS, A RADIUS OF 55.00 FEET, CHORD BEARING
AND DISTANCE OF NORTH 41 DEGREES 01 MINUTES 19 SECONDS WEST, 81.33 FEET;
FOR AN ARC DISTANCE OF 91.53 FEET TO THE POINT OF BEGINNING, AND CONTAINING
41.992 ACRES OF LAND.
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EXHIBIT B
METES AND BOUNDS
LEGAL DESCRIPTION
TRACT 8
BEING A 5.754 ACRE (250,652 SQUARE FEET) TRACT OF LAND IN THE TOWN OF LA
PORTE (VOL. 60. PG. 112 ET SEQ. H.C.D.R.), W.P. HARRIS SURVEY. A-3D, LA PORTE.
HARRIS COUNTY, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOllOWS:
COMMENCING AT A 5/8 INCH IRON ROD SET MARKING THE INTERSECTION OF SOUTH
RIGHT-OF-WAY LINE OF WHARTON WEEMS BOULEVARD (H.C.C.F. NO. E563165) WITH
THE EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146;
THENCE IN A NORTHEASTERLY DIRECTION COINCIDENT WITH THE SOUTH RIGHT -OF-
WAY LINE OF WHARTON WEEMS BOULEVARD FOLLOWING A CURVE TO THE RIGHT
HAVING A CENTRAL ANGLE OF 79 DEGREES 09 MINUTES 19 SECONDS. A RADIUS OF
55.00 FEET AND A CHORD BEARING OF NORTH 50 DEGREES 02 MINUTES 20 SECONDS
EAST FOR A DISTANCE OF 70.08 FEET, FOR AN ARC DISTANCE OF 75.98 FEET TO A
HIGHWAY MONUMENT (BRASS CAP IN CONCRETE) FOUND FOR A POINT OF TANGENCY;
THENCE NORTH 89 DEGREES 01 MINUTES 35 SECONDS EAST COINCIDENT WITH THE
SOUTH RIGHT-OF-WAY LINE OF WHARTON WEEMS BOULEVARD, FOR A DISTANCE OF
212.00 FEET TO HIGHWAY MONUMENT (BRASS CAP IN CONCRETE) FOUND FOR
CORNER;
THENCE NORTH 86 DEGREES 46 MINUTES 31 SECONDS EAST, COINCIDENT WITH THE
SOUTH RIGHT-OF-WAY LINE OF WHARTON WEEMS BOULEVARD, FOR A DISTANCE OF
83.53 FEET TO A 5/8 INCH IRON ROD SET FOR CORNER AND POINT OF BEGINNING FOR
THE HEREIN DESCRIBED TRACT;
THENCE NORTH 86 DEGREES 46 MINUTES 31 SECONDS EAST, COINCIDENT WITH THE
SOUTH RIGHT-OF-WAY LINE OF WHARTON WEEMS BOULEVARD, FOR A DISTANCE OF
235.96 FEET TO A HIGHWAY MONUMENT (BRASS CAP IN CONCRETE) FOUND FOR
CORNER;
THENCE NORTH 87 DEGREES 50 MINUTES 08 SECONDS EAST COINCIDENT WITH THE
SOUTH RIGHT-OF-WAY LINE OF WHARTON WEEMS BOULEVARD, A DISTANCE OF 87.56
FEET TO A 5/8 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF THIS 5.754
ACRE TRACT.
THENCE SOUTH, COINCIDENT WITH THE WEST BOUNDARY LINE OF TRACT 7 (16.586
ACRES), FOR A DISTANCE OF 485.53 FEET TO A 5/8 INCH IRON ROD SET FOR CORNER
THENCE NORTH 89 DEGREES 44 MINUTES 02 SECONDS WEST COINCIDENT WITH THE
NORTH BOUNDARY LINE OF THAT CERTAIN CITY OF LA PORTE BAY FOREST GOLF
COURSE TRACT III (69.35 ACRES) (H.C.C.F. NO. K784741). FOR A DISTANCE OF 100.00
FEET TO A 5/8 INCH IRON ROD FOUND FOR CORNER;
THENCE SOUTH 12 DEGREES 55 MINUTES 28 SECONDS WEST, COINCIDENT WITH THE
WEST BOUNDARY LINE OF SAID CITY OF LA PORTE BAY FOREST GOLF COURSE FOR A
DISTANCE OF 80.00 FEET TO A 5/8 INCH IRON ROD FOUND FOR CORNER;
THENCE NORTH 89 DEGREES 44 MINUTES 02 SECONDS WEST, COINCIDENT WITH THE
NORTH BOUNDARY LINE OF TRACT 3 (9.075 ACRES), FOR A DISTANCE OF 655.09 FEET
TO THE SOUTHWEST CORNER OF THIS 5.754 ACRE TRACT, FROM WHICH A FENCE
CORNER BEARS SOUTH 34 DEGREES 31 MINUTES EAST 1.09 FEET,
THENCE NORTH 11 DEGREES 37 MINUTES 20 SECONDS EAST, COINCIDENT WITH THE
EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146, FOR A DISTANCE OF 188.89 FEET
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EXHIBIT B
METES AND BOUNDS
TO A 5/8 INCH IRON ROD SET FOR CORNER;
THENCE EAST, COINCIDENT WITH THE SOUTH BOUNDARY LINE OF TRACT 6 (2.8755
ACRES) FOR A DISTANCE OF 406.21 FEET TO A 5/8 INCH IRON ROD SET FOR CORNER;
THENCE NORTH, COINCIDENT WITH THE EAST BOUNDARY LINE OF TRACT 6 (2.8755
ACRES), FOR A DISTANCE OF 358.40 FEET TO THE POINT OF BEGINNING AND
CONTAINING SAID 5.754 ACRES (250,652 SQ. FT.) OF LAND.
SCHEDULE B
A. A GROUND EASEMENT 8 FEET WIDE AND AN AERIAL EASEMENT 10 FEET WIDE
ALONG THE NORTH PROPERTY LINE OF TRACT I, RECORDED IN VOLUME 195, PAGE 18
OF'THE MAP RECORDS OF HARRIS COUNTY, TEXAS.
B. AN EASEMENT FOR WATER LINE PURPOSES 10 FEET IN WIDTH, PARALLEL AND
ADJACENT TO S.H. 146 RECORDED UNDER HCCF # G505868. (AS TO TRACTS 1,3,4,6,8
AND 9)
C. SOUTHWESTERN BELL TELEPHONE COMPANY EASEMENT LOCATED AT THE
SOUTHWEST CORNER OF TRACT 2, RECORDED UNDER HCCF # U369439.
D. A WATER AND WASTEWATER EASEMENT 20 FEET WIDE ALONG THE EASTERLY
PROPERTY LINES OF TRACT 4, RECORDED UNDER HCCF # V947479.
E. A WATER AND WASTEWATER EASEMENT 20 FEET WIDE ALONG THE EASTERLY
PROPERTY LINES OF TRACT 3, RECORDED UNDER HCCF # V947480.
F. A WATER AND WASTEWATER EASEMENT 20 FEET WIDE ALONG THE EASTERLY
PROPERTY LINE OF TRACT 1, RECORDED UNDER HCCF #V947481.
H. A WATER AND WASTEWATER EASEMENT 20 FEET WIDE ALONG THE EASTERLY
PROPERTY LINE OF TRACT 8, RECORDED UNDER HCCF # V928384.
I. A WATER AND WASTEWATER EASEMENT 20 FEET WIDE ALONG THE EASTERLY
PROPERTY LINE OF TRACT 9, RECORDED UNDER HCCF # V947482.
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EXHIBIT FOR OVERALL
LAKES AT FAIRMONT GREENS
DEVELOPMENT
EXHIBIT C
FUTURB POND
LITTLE CEDAR
BAYOU PARK
CITY OF LA PORTE
BAY FOREST
GOLF' COURSE
NOTE:
CITY OF'
LA PORTE
BAY FOREST
THIS EKHIBIT IS rOR ILLUSTRATION
PORPUStS ONLY THE ACTUAL SPUT
or PKEIt UHlS, LOT SIZE AND
LAYOUT rOR EACH PHMC II SUBJECT
TO ADJUS""INT AT THE TIME EACH
PHASE IS SCHEDULED rOR DIVILOPME T.
Ion
DMI(In
OtDup
_N.__
-,..
---
NllU4lt""
-..
OCTU8ER " 2007
EXHIBIT D
RESERVED
EXHIBIT "E"
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR LAKES AT FAIRMONT GREENS SUBDIVISION
A SUBDIVISION IN LA PORTE, HARRIS COUNTY, TEXAS
COUNTY OF HARRIS
9
9
9
THE STATE OF TEXAS
This Declaration is made by 65 La Porte, Ltd., a Texas Limited Partnership, whose
mailing address is 340 N. Sam Houston Parkway E, #100, Houston, Texas 77060 (hereinafter
called "Declarant").
WITNES SETH:
WHEREAS, Declarant is the owner of that certain real property known as Lakes at
Fairmont Greens subdivision in La Porte, Harris County, Texas, according to the map or plat
thereof recorded under Harris County Clerk's File No. of the Map Records
of Harris County, Texas; and
WHEREAS, it is the. desire of Declarant to place certain restrictions, covenants,
conditions, stipulations and reservations upon and against all of Lakes at Fairmont Greens
Subdivision, in order to establish a uniform plan for the development, improvement and sale of
such property, and to insure the preservation of such uniform plan for the benefit of both the
present and future owners of lots in said subdivision;
NOW, THEREFORE, Declarant hereby adopts, establishes, imposes and declares the
following reservations, easements, restrictions, covenants and conditions applicable thereto, all
of which are for the purpose of enhancing and protecting the value, desirability and
attractiveness of the land, which reservations, easements, covenants, restrictions and conditions
shall run with the land and shall be binding upon all parties having or acquiring any right, title or
interest therein, or any part thereof, and shall inure to the benefit of each owner thereof, their
heirs, successors and assigns.
ARTICLE I
DEFINITIONS
Section 1.1. "Annual Assessment" shall mean and refer to those charges assessed the
Owners by the Association, which charges shall be used for the purposes outlined in Section 8.2
of Article VIII.
Section .1.2. "Architectural Control Committee" shall mean and refer to the
Architectural Control Committee provided for ill Article V hereof.
Section 1.3. "Assessment" shall mean and refer to the Annual Assessments, Special
Assessments, and or any other amounts or sums due by any Owner to the Association pursuant to
the provisions of this Declaration, or any combination thereof.
Section 104. "Association" shall mean and refer to Lakes at Fairmont Greens
Homeowners Association, Inc., a non-profit corporation incorporated under the laws of the State
of Texas its successors and assigns, as provided for in Article VI hereof.
Section 1.5. "Board of Trustees" or "Board" shall mean and refer to the governing
body of the Association.
Section 1.6. "Common Area" shall mean and refer to any property conveyed to the
Association or expressly designated as Common Area by Declarant, and any and all
improvements including, but not limited to green belt areas and other recreational facilities that
may be constructed thereon.
Section 1.7. "Declarant" shall mean and refer to 65 La Porte, Ltd., its successors and
assigns', provided such successors and assigns (i) acquire for the purpose of development or sale
all or any portion of the remaining undeveloped or unsold portions of the Subdivision subject to
this Declaration, and (ii) are designated as the Declarant by an instrument in writing executed by
65 La Porte, Ltd. and filed of record in the Real Property Records of Harris County, Texas.
Upon such designation of such successor Declarant, all rights of the former Declarant in and to
such status as Declarant hereunder shall cease, it being understood that there shall be only one
entity entitled to exercise the rights and powers of the Declarant hereunder at anyone point in
time.
Section 1.8. "Declaration" shall mean and refer to this Declaration of Covenants,
Conditions and Restrictions for Lakes at Fairmont Greens Subdivision, as may be amended from
time to time.
Section 1.9. "Lot" shall mean and refer to each of the numbered Lots shown on the
Subdivision Plats.
Section 1.10. "Member" shall mean and refer to every person entitled to membership in
the Association, as provided in Section 6.3 of Article VI.
Section 1.11. "Notice" shall mean and refer to (i) written notice delivered personally or
mailed to the last known address of the intended recipient, or (ii) notice published at least once
each week for two consecutive weeks in a newspaper having general circulation in Harris
County, Texas.
Section 1.12. "Owner" shall mean and refer to the record Owner, whether one or more
persons or ,entities, of fee simple title to any Lot which is part of the Subdivision, including
contract sellers, but excluding those having such interest merely as security for the performance
of an obligation and those owning only an easement right, a mineral interest, or a royalty interest.
2
Section 1.13. "P.I.D." shall mean and refer to Public Improvement District #1, or any
successor entity.
Section 1.14. "Special Assessment" shall mean and refer to those charges periodically
assessed the Owners by the Association, which charges shall be used for the purposes outlined in
Section 7.4 of Article VII.
Section 1.15. "Subdivision" shall mean and refer to the real property contained within
Lakes at Fairmont Greens Subdivision, as more fully described on the plat thereof recorded
under Volume , Page _ of the Map Records of Harris County, Texas, and under Clerk's
File No. of the Real Property Records of Harris County, Texas, and any
amendments thereto or replats thereof, and also to all property in the future which is annexed
into and which is subjected to the jurisdiction of the Association.
Section 1.16. "Subdivision Plat" shall mean and refer to the recorded map or plat of the
Subdivision recorded for Lakes at Fairmont Greens Subdivision under Volume _, Page
of the Map Records of Harris County, Texas, and any amendments thereto or replats
thereof, and including plats and any replats of additional property as may be brought within the
jurisdiction of the Association in accordance with this Declaration.
ARTICLE II
RESERVATIONS. EXCEPTIONS AND DEDICATIONS
Section 2.1. Dedications and Restrictions in Subdivision Plat. All dedications,
limitations, restrictions and reservations shown on the Subdivision Plat are incorporated herein
and made a part hereof, as if fully set forth herein, and are enforceable by the Declarant, the
Association, and the Owners, and their successors and assigns.
Section 2.2. Reservation of Easements. Declarant hereby reserves, and shall have
the right to grant, convey and dedicate easements over, on or under any part of the land in the
Subdivision reasonably required for streets and/or for electric light and power, telephone, natural
gas, water; sanitary sewer, storm sewer, cable television, installation of security equipment and
other utility or technology infrastructure, so long as such easements do not materially impair the
use of the Lots for single family residential use as set forth herein, regardless of whether at such
time Declarant has title to the land within the easement(s). Thereafter, the Declarant shall have
the power and authority to grant such easements only upon the approval and at the direction of
the Board of Trustees of the Association. In addition, an easement is hereby granted to the
Association, its officers, agents, employees, and to any management company duly selected by
the Association, to enter in or cross over the Common Area and or any Lot to perform the duties
of maintenance and repair as provided for herein. The easements provided for in this Article
shall in no way affect any other recorded easements covering any portion of the Subdivision.
Section 2.3 . Waiver. Neither Declarant nor any utility company using the
easements herein referred to shall be liable for any damages done by them or their agents,
3
employees, servants, or assigns, to fences, shrubbery, trees or flowers or other property of the
Owner situated on the land covered by said easements.
Section 2.4. Communications. Security and Other Technology. Telephone service
shall be available to each Lot by way of underground cable or fiber optic connection, which shall
be installed and maintained by the telephone company or service provider. The Association shall
be authorized and empowered to grant such specific easements in, under, on or above the
. Common Area as the telephone company or service provider may require in order to provide
such service.
Declarant and/or Association reserve the right to hereafter enter into a franchise or similar type
agreement with one or more cable television companies on behalf of the Association and
Declarant shall have the right and power in such agreement or agreements to grant such cable
television company or companies the uninterrupted right to install and maintain communications
cable and related ancillary equipment and appurtenances within the utility easements or rights-
of":way reserved and dedicated herein and in the Subdivision Plat. Declarant does hereby reserve
unto the Association, its successors and assigns, the sole and exclusive right to obtain and retain
all income, revenue and other things of value paid or to be paid by such cable television
compames.
Declarant and/or Association reserve the right to enter into an agreement with one or more
companies to provide security services, including, but not limited to, security cameras to the
Subdivision. However, Declarant and/or Association are under no obligation to provide such
services or guarantee their operating condition, and Owners hereby indemnify and hold
Declarant and/or Association hannless for any breach of security or malfunction of equipment
which may occur. Additionally, Declarant and/or Association will not be held liable in trespass
or otherwise for installation and/or maintenance of said security equipment.
Section 2.5. Easements for Surface Drainage. No wall, fence, hedge, or other
obstacle shall be constructed so as to prevent natural surface drainage across adjoining Lots.
Section 2.6. Changes and Additions. Declarant reserves the right to make changes
in and additions to the above easements for the purpose of most efficiently and economically
installing the improvements.
Section 2.7. Title to Easements Not Conveyed. It is expressly agreed and understood
that the title conveyed by Declarant to any Lot within the Subdivision by contract, deed or other
conveyance shall not in any event be held or constructed to convey title to any roadways or any
drainage, water, gas, sanitary sewer, storm sewer, electric lights, electric power, telegraph or
telephone lines, poles br conduits or any utility or appurtenance thereto constructed by or under
Declarant or any easement owner (or"their agents), or by any public utility companies, through,
along, or upon said easements or any part thereof to serve said Lot or any other portions of the
Subdivision, and the right to maintain, repair, sell or lease such lines, utilities and appurtenances
to any municipality or other governmental agency or to any public service corporation or to any
other party is hereby expressly reserved by Declarant.
4
Section 2.8. Non-dedication to Public Uses. Nothing contained in this
Declaration shall be construed or be deemed to constitute a dedication, express or implied, of any
part of the Common Area to or for any public use or purpose whatsoever, except that the City
will own and the P .I.D. will maintain all or a portion of the Common Area (including, but not
limited to, Taylor Bayou, detention ponds, trails and/or pedestrian bridge).
Section 2.9. Easements for Entrance Signs and Perimeter Fence. Declarant hereby
reserves easements for the benefit of itself and the Association over portions of Lots for the
p~ose of erecting, maintaining and replacing entrance signs and perimeter fence/walls for the
Subdivision. The entrance signs and perimeter fence/wall shall be a part of the Common Area
and, notwithstanding anything to the contrary contained herein, shall be maintained, repaired,
replaced or altered by the owner of said Common Area, whether the P.LD. or the Association, at
said owner's discretion..
Section 2.10. Maintenance of Areas Within Masonry Sound Wall. Portions of Restricted
Reserve "B" in Lakes at Fairmont Greens, Section 1, according the Subdivision Plat, will be
located within a masonry sound wall along State Highway 146 and parallel to Lots 14, 15, 16,
22,23,30,31,38 and 39 of Lakes at Fairmont Greens, Section One (1). Owners of said Lots are
hereby required to maintain any portion of Restricted Reserve "B" which is located within the
masonry sound wall and adjacent to the rear or side yards of their respective Lots.
ARTICLE III
RIGHTS IN THE COMMON AREA
Section 3.1. Title to Common Area or Reserves. Title to the Common Areas
or Reserves are to either be vested in the P.LD. or the Association pursuant to the Subdivision
Plat. For Common Area or Reserves owned by Declarant, Declarant will convey title to the
Association prior to the completion of the first residence. Until such time as title to the Common
Area is conveyed to the Association by Declarant, Declarant shall be entitled to exercise all
rights and privileges relating to such Common Area or Reserves.
ARTICLE IV
PROTECTIVE COVENANTS
Section 4.1. Single Family Residential Use Only. No Lot shall be used for any purpose
except for single family residential purposes. This paragraph shall not be construed to prohibit
the use oflots for sales of homes in the subdivision during the construction phase.
Section 4.2. Types of Structures. No structure shall be erected, altered, placed or
permitted to remain on any Lot other than one (1) detached single family dwelling not to exceed
two and one-half (2 and 1/2) stories in height, together with a private garage for not less that two
(2) nor more than four (4) standard sized automobiles, unless one bay of the garage is
constructed for the purpose of accommodating a motor home or other utility vehicle of the like.
Said structure may include: (i) a two-story design with servant's type quarter, occupied by an
5
integral part of the family occupying the main residence or by servants employed on the
premises, and (ii) permitted accessory buildings (as described in Section 4.5 herein). Garages
may be either attached or detached from the main residential structure, as may be approved by
the Architectural Control Committee. Nothing herein shall be construed to permit or allow the
use of any garage for other than, primarily, the housing of vehicles, and any enclosure of the
garage which prevents its use for such purpose is specifically prohibited. Except as provided in
Section 4.5, all buildings shall be of new construction, and no buildings shall be moved from
another location onto any Lot.
Section 4.3. Dwelling Size and Construction. No main one-story residential
structure shall be constructed on any Lot unless its living area has a minimum of one thousand,
five hundred fifty (1,550) square feet of floor area, exclusive of porches and garages. The total
living area, exclusive of porches and garages, of the one and one-half (1-112), two (2) and two
and one-half (2-112) story residences shall not be less than two-thousand (2,000) square feet and
the ground floor areas of such one and one-half (1-1/2), two (2) and two and one-half (2-1/2)
story residences, including porches and garages shall not be less than one thousand, two hundred
(1,200) square feet.
All residential structures shall be constructed on a concrete slab. The surface area of the
exterior walls of all residential structures (excluding in the computation of such area, windows,
doors, and garage doors) shall consist of at least fifty-one percent (51 %) brick, stucco, rock or a
combination of these materials, except that the Architectural Control Committee has the
authority to approve residential construction utilizing other building materials.
All roofs of any permitted structures of whatever type shall be constructed of asphalt
composition shingles, fiberglass composition shingles, slate, tile or other type approved by the
Architectural Control Committee, with a life of twenty-five (25) years or better, or comparable to
minimum specifications as defined by the Federal Housing Authority and all applicable building
codes and ordinances. All types of roofing material must be approved in writing by the
Architectural Control Committee prior to installation. Minimum side to side roof pitch shall be
7:12.
Section 4.4. Temporary Structures. No structure of a temporary character, whether
trailer, basement, tent, shack, barn or other accessory building shall be occupied, maintained or
used on any Lot at any time as a residence, or for any other purpose, with the exception of
children's playhouses and storage buildings, which may be used for the purposes commonly
attendant thereto. Provided, however, that Declarant reserves the exclusive right to erect, place
or maintain such facilities in or upon any portion of the Property as in its sole discretion it
determines may be necessary or convenient while selling Lots, selling or constructing residences
and constructing other improvements upon the Property. Such facilities may include, but are not
necessarily limited to, sales and construction offices, storage areas, model units, signs and
portable toilet facilities typically utilized by home builders.
Section 4.5. Garages. Garages must be provided for all residences and in no case
shall a carport act as or be substituted for a garage. No garage shall be built or placed on any Lot
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unless it is approved by the Architectural Control Committee to include the placement of such
structure on the Lot. No garage shall be placed or maintained on any side or rear easement. No
garage shall be erected on a Lot prior to the construction of the main residential structure (except
as used by a Builder in the initial construction of homes); however, a garage may be erected
simultaneously along with the main residential structure. Provided that prior approval of the
ACC is obtained, two-story garages are permissible; however, the height of the garage may not
exceed the height ofthe main residential dwelling.
Section 4.6. Pools. The design and location of outdoor swimming pools, hot tubs, and
spas must be approved by the Architectural Control Committee and must also comply with all
applicable building codes. No a.bove ground pools are permitted on any Lot either permanently
or temporarily. An above ground pool shall be defined as a pool which is capable of holding a
water surface twelve inches (12") or more above the finished ground elevation of a Lot.
Section 4.7. Driveways. Sidewalks. Pathways. Patios and Decks. No sidewalk,
walkway, improved pathway, deck, patio, or driveway or other improvement shall be constructed
on any Lot unless and until the Plans and Specifications (as hereafter defined) are submitted to
and approved by the Architectural Control Committee as provided in Article V below. A
cohcrete sidewalk forty-eight (48) inches wide shall be constructed by the home builder parallel
to the curb, two (2) feet from the back of the curb, along entire fronts of all Lots in accordance
with the Plans and Specifications. In addition thereto, forty-eight (48) inch wide sidewalks shall
be constructed parallel to the curb along the entire side of all comer Lots.
No driveway shall be of a design and/or constructed in such a way where installation
requires the saw-through, or cut-out of the curb at driveway's intersection with curb. All
driveways and sidewalks shall be repaired and maintained at the sole cost and expense of the
Owner of the Lot to which such driveway and any such sidewalks are appurtenant, including the
portion of the driveway in the street easement. Sidewalks at any comer shall be designed to
service the handicapped. At a minimum, all the driveways shall be constructed of pavers,
concrete or patterned concrete, commencing from where the driveway intersects the front
building line for all Lots other than comer Lots, and for comer Lots from the side building line to
the point where the driveway attaches to the street. All walkways shall be constructed of pavers,
concrete, patterned concrete or such other material as may be approved by the Architectural
Control Committee.
The sidewalks and driveways shall be constructed and completed by the builder of the
residence thereon before such residence may be occupied.
Section 4.8. Location of Improvements Upon the Lot. The mrmmum setback lines
shown on the Subdivision Plat or stated in applicable ordinances are incorporated herein by
reference and are enforceable by the Declarant, the Association, and the Owners. In addition to
those minimum setback lines set forth in the Subdivision Plat or stated in the applicable
ordinance, the distances set forth in this Section 4.9 shall apply. No building shall be located on
any Lot nearer to the front line or nearer to the side street line than the minimum building
setback line for such Lot shown on the Subdivision Plat. Notwithstanding the foregoing,
however, no building shall be located on any Lot nearer than ten feet (10') to any side street line
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or twenty-five feet (25') to the front Lot line. No part of any residence shall be located nearer
than five feet (5') to the interior Lot line of the Lot. Detached garages will be permitted no
closer than three feet (3') to the side Lot line. For the purposes of this covenant, eaves, steps and
unroofed terraces shall not be considered as part of any building, provided, however, that this
shall not be construed to permit any portion of any building on a Lot to encroach upon another
Lot. Exceptions may be permitted under the sole discretion of the Architectural Control
Committee.
Section 4.9. Fences, Walls and Hedges. No wall, fence, planter or hedge in excess of
six feet (6') in height shall be erected or maintained on any Lot nearer to the front property line
of said Lot than the front line of the residence. No side or rear fence, wall or hedge shall be
more than six feet (6') in height. Fences abutting the golf course shall be constructed of black
ornamental iron style and shall be no more than five feet (5') in height. Side yard fences on
comer Lots shall be constructed of wood and shall be six feet (6') in height. Fences of wire or
chain link construction are strictly prohibited. Fencing of any type must be approved by the
Architectural Control Committee prior to installation.
This paragraph shall not be construed to prohibit Declarant or the Association from
erecting or maintaining special perimeter fencing which may differ in style and height than as
described in this paragraph.
Section 4.10. Visual Obstruction at the Intersection of Public Streets. Except for
such objects or things that may be placed or planted by Declarant, no object or thing that
obstructs sight lines of the intersecting roadways shall be placed or planted on any comer lot.
Section 4.11. Antennae. No electronic antennae or device of any type other than one
antenna for receiving television signals, FM signals and or citizen's band signals shall be erected,
constructed, placed or permitted to remain on any Lots, residences thereon or other permitted
buildings constructed in the Subdivision. The foregoing restriction also applies to "dish-type"
antennae and specifically limits the diameter of such antennae to not more than one meter. The
permitted antennae may be attached to the residential structure; however, the antennae's location
shall be restricted to the rear of the roof ridge line, gable or center line of the residential structure
so as to be hidden from sight, to the extent practicable, when viewed from the front and side of
the Lot.
Section 4.12. Sign, Advertisements, Billboards and Flagpoles. No signs, billboards,
posters or advertising devices of any kind shall be erected on any Lot without prior approval of
the Architectural Control Committee, except one sign of not more than five (5) square feet,
which sign may be used by the Declarant or the Lot Owner to advertise a Lot for sale or lease, or
to identify the entity responsible for any construction or remodeling of a structure on a Lot
during the period of actual construction thereon. Declarant or the Association shall have the
right to remove any non-conforming sign, advertisement, billboard or structure which is placed
on a Lot, and in so doing shall not be subject to any liability or damages for trespass or other tort
in connection with or arising out of such removal. The Board of Trustees of the Association may
make rules and regulations concerning the erection of political and other types of signs as it
deems reasonable.
8
Flagpoles shall not be more than twenty feet (20') in height and are limited to one United States
Flag and/or one Texas flag per Lot. Flags and/or flagpoles must be properly maintained and in
good condition. This paragraph shall not be construed to prohibit advertisement flags at model
homes and/or sales offices during the construction phase.
Section 4.13. Mineral Operations. No oil drilling, oil development operations or
refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor
shall any wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot.
No derrick or other structure designed for use in boring for oil or natural gas shall be erected,
maintained or permitted upon or in any Lot.
Section 4.14. Animals and Livestock. No animals, livestock, poultry, reptiles or
insects of any kind shall be raised, bred or kept on any Lot. Consistent with its use as a
residence, no more than three (3) dogs, cats and other household pets may be kept on a Lot,
provided that they are not kept, bred or maintained for any commercial purposes, but only for the
use and pleasure of the Owner of such Lot. For purposes of this Section, the term "household
pets" shall mean domestic animals commonly and traditionally kept in homes as pets, and shall
not include any wild, semi-wild, or semi-domesticated animal. The Association may establish
other rules and regulations concerning animals and livestock, which rules may specifically
exclude certain animals for the Subdivision.
The Association may also establish rules and regulations which limit the number of household
pets that may be kept on a Lot, and which regulate the walking of pets and disposal of pet waste.
Section 4.15. Storage and Disposal of Garbage and Refuse: No Lot shall be used
or maintained as a dumping ground for rubbish, trash, garbage, or other waste materials and such
refuse shall not be kept except in sanitary containers constructed of metal, plastic or masonry
materials with sanitary covers or lids. Equipment for the storage or disposal of such waste
materials shall be kept in a clean and sanitary condition. Garbage, trash, rubbish, debris and
other waste matter may not be burned on any Lot or on the Common Area. The Association
shall determine whether the public authority or a private garbage disposal service will be used to
dispose of garbage within the Subdivision.
No Lot shall be used for the open storage of any materials whatsoever if visible from the
street, except that new building materials used in the construction of improvements erected upon
any Lot may be placed upon such Lot at the time construction is commenced. Builders or
Owners may place or store building materials outside the property lines during the initial
construction or remodeling phase; however, in no event shall building materials be placed or
stored on the street paving. Building materials (and the waste materials resulting from the
construction) may be maintained on a Lot for a reasonable time, so long as the construction
progresses without undue delay, until the completion of the improvements, after which time
these materials shall either be removed from the Lot or stored in a suitable enclosure on the Lot.
All waste materials shall be kept in a neat manner inside the property lines and all paper trash
shall be placed in a screened container.
9
Section 4.16. Automobiles, Boats, Trailers and Other Vehicles. Except as permitted in
the next sentence of this Section 4.17., no automobile, truck, recreational vehicle, motorcycle,
trailer, golf cart, boat, marine craft, hovercraft, aircraft, machinery, or equipment of any kind,
whether with or without a motor (hereinafter referred to as "vehicles"), may be parked or stored
on any part of any Lot, easement, right-of-way, or on the Common Area, and such vehicles shall
at all times be concealed from public view inside a garage. Passenger automobiles, passenger
vans and pick-up trucks in operating condition, evidenced by current, unexpired license plates
and inspection stickers, which are in regular use as motor vehicles on the streets and highways of
the State of Texas, may be parked in the driveway on such Lot; however, all Owners and their
families shall, to the greatest extent practicable, use such garages for the garaging of vehicles
belonging to them.
No Owner or any visitor or guest of any Owner shall be permitted to park any vehicles on
Lots, or on streets of the Subdivision in excess of forty-eight (48) hours.
No Owner or any visitor or guest of any Owner shall be permitted to perform repair
work, or to assemble or disassemble automobiles or any other vehicles on Lots, in driveways, or
on streets in the Subdivision other than work on the Owner's or resident's vehicles of a temporary
nature. For the purposes of this Section, "temporary" shall mean that the vehicle shall not remain
on Lots, in driveways, or on streets in excess of forty-eight (48) hours and that no compensation
is received for such work. No dirt bikes, motor scooters, ATV's "go-carts" or other similar
vehicles (with the exception of electric golf carts) shall be permitted to be operated in the
Subdivision, if, in the sole judgment of the Board of Trustees of the Association, such operation,
by reason of noise, fumes emitted, or manner of use shall constitute a nuisance or jeopardize the
safety of any Owner, tenant or resident of any Lot, or their families. Nothing in this Section
shall be construed to prohibit the temporary parking or placement of any vehicle, machinery, or
maintenance equipment which is being used for or in connection with the construction, repair, or
maintenance of the Common Area, Lots or improvements on Lots within the Subdivision. If a
complaint is received about a violation of any part of this Section, the Board of Trustees of the
Association will be the final authority on the matter.
Section 4.17. Removal of Dirt and Trees. The digging of dirt or the removal of dirt
from any Lot is expressly prohibited, except when necessary in conjunction with construction
being done on such Lot. No tree shall be cut on any Lot that is equal to or over six inches (6") in
diameter at base of tree trunk, except to provide room for construction of buildings, or to remove
diseased, damaged, dead or unsightly trees, and except with prior written approval of the
Architectural Control Committee. Prior written approval is not necessary if the tree or dirt is
being removed for safety or emergency reasons.
Owners may not change the grade height of any Lot without the approval of the
Architectural Control Committee. Owners may change the height of the grade if, in the opinion
of the Architectural Control Committee, it will not be detrimental to the neighbors and/or the
neighborhood.
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Section 4.18. Water and Sewage Disposal Systems. No water well or septic tank
shall be used or maintained on any Lot in the Subdivision. No water system or drainpipe for
pools, hot tubs, spas or other such improvement shall drain directly into the street.
Section 4.19. Nuisances. No noxious or offensive activity shall be carried on or
permitted in the Subdivision, nor shall anything be done therein which may be or become any
annoyance or nuisance to the Owners. Nothing shall be done or kept on any Lot or in the
Common Area or on any part thereof which would increase the rate of insurance on the Common
Area or any part thereof over what the Association, but for such activity, would pay, without the
prior written consent of the Association. Nothing shall be done or kept on any Lot or in the
Common Area or on any part thereof, which would be in violation of any statute, rule, ordinance,
regulation, permit, or other validly imposed requirement of any governmental body. No damage
to, or waste of, the Common Area or any part thereof or of the exterior of any structure located
thereon shall be committed by any Owner, tenant of any Owner, or any invitee of any Owner,
and each Owner shall indemnify and hold the Declarant, the Association, and the other Owners
hannless against all loss resulting from any such damage or waste caused by him, his tenants, or
his invitees.
Section 4.20. Lot Maintenance. The Owners or occupants of all Lots shall at all
times keep all weeds and grass thereon cut in a sanitary, healthful and attractive manner. In no
event shall an Owner use any Lot for storage of materials and equipment (except for normal
residential requirements or incidental to construction of improvements thereon as herein
permitted) or permit the accumulation of garbage, trash or rubbish of any kind thereon. The
drying of clothes in full public view is prohibited. The Owners or occupants of any Lots at the
intersection of streets or adjacent to the detention pond area where the rear yard or portion of the
Lot is visible to full public view shall construct and maintain a suitable enclosure to screen the
following from public view: yard equipment, wood piles and storage piles that are incidental to
the normal residential requirements of a typical family. All Lots owned by Declarant shall be
maintained by Declatant in accordance with the terms and provisions set forth herein.
Section 4.21. Exterior Paint. Colors selected to paint the wood, trim, shutters and gutter
areas of homes and garages will be limited by the Architectural Control Committee. If the
Owner wishes to change the color, approval by the Architectural Control Committee will be
required. Owners may change the paint used on their home if, in the opinion of the
Architectural Control Committee, the new color is compatible with both the individual home and
the neighborhood.
Section 4.22. Duty to Restore. In the event that a building is damaged or destroyed
by fIre or other natural causes, the Owner shall completely restore the building to its original
condition as it existed before the damage or destruction occurred, or else the Owner must
completely remove the building and its foundation and plumbing from the Lot and return the Lot
to an attractive and safe condition. Construction activity to repair or remove said building must
be initiated within three (3) months and be completed within one (1) year of the date of such
damage or destruction. Plans and Specifications for any such construction activity shall be
submitted to the Architectural Control Committee in accordance with Article V herein.
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Section 4.23. Building Foundations. Due to the amount offill dirt that may be placed on
any or all Lots to raise Lots to the required elevation, or in the event of unstable ground
conditions existing within the boundary of any Lot, and since Declarant will not be responsible
for soil or sub soil conditions, it is required of each Lot Owner to have their building foundations
engineered to determine what requirements, if any, that are necessary to support such building
foundations.
Section 4.24. Permitted Hours for Construction Activity. Except in an emergency or
when unusual circumstances exist (as determined by the Board of Trustees), outside construction
work or noisy interior construction work shall be permitted only during daylight hours.
Section 4.25. Remedies in the Event of Default. In the event any Owner or occupant
of any Lot fails to observe any covenant, condition or restriction contained in the Declaration, or
fails to maintain or repair the Lot and the improvements situated thereon (i) in accordance with
the provisions of this Article N, or (ii) in a manner satisfactory to the Board of Trustees of the
Association, and such default continues unresolved for ten (10 days after written notice thereof is
mailed to the last known address of the Owner involved (without the requirement of
certification), the Association shall have the right (but not obligation), through its agents or
employees, to repair, maintain and restore the Lot and the exterior of the residence, which
restoration may include the repair of gutter, siding, broken windows, fencing, as well as any
other needed repairs to existing improvements located on the Lot. To the extent necessary to
prevent rat infestation, diminish fire hazards, protect property values and accomplish any of the
above needed repairs, maintenance and restoration, the Association shall have the right, through
its agents and employees, to enter any residence or improvements located upon such Lot. The
Declarant or any employee, agent or contractor of the Association may also enter upon said Lot
and cause to be cut any such weeds and grass, or remove or cause to be removed such garbage,
trash and rubbish, or may do any other reasonable thing necessary to maintain compliance with
these restrictions so as to place said Lot in a neat, attractive, healthful and sanitary condition.
The Association may render a statement of charge to the Owner or occupant of such Lot for the
cost of such work. The Owner and occupant agree by the purchase and occupation of the Lot to
pay such statement immediately upon receipt. The cost of such work, plus interest thereon at the
maximum rate permitted under the laws of the State of Texas, shall become a part of the
Assessment payable by said Owners and payment thereof shall be secured by the lien created
pursuant to this Declaration. The Association, it agents and employees shall not be liable, and
are hereby expressly relieved from any liability, for trespass or other tort in connection with the
performance ofthe exterior maintenance and other work authorized herein.
Section 4.26. Mailboxes. One mailbox for each residence will initially be constructed
by the builder. Such mailboxes shall be constructed according to a design approved by the
Architectural Control Committee, shall be constructed of the same brick as the main residence,
and are to be kept in good repair by the Owner. All mailboxes shall comply with any applicable
federal, state and local laws.
Section 4.27. Lot Landscaping and Lawn Irrigation. Each Lot (or composite
building site) in the Subdivision shall have installed grass, sod, plants, shrubs in accordance With
a detailed Landscape Plan for the Lot. The Landscape Plan shall be a part of and provided with
12
the Plans and Specifications for the structure to be constructed on the Lot. Approval by the
Architectural Control Committee of and adherence to the Lot Landscape Plan is a fundamental
part of the Process described in Section 5.7., following.
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ARTICLE V
ARCHITECTURAL CONTROL
Section 5.1. Architectural Control Committee. The Architectural Control
Committee shall consist of three (3) members who shall be appointed by the Declarant, each of
whom shall serve until his successor is appointed. After such time as Declarant sells its last Lot
in the Subdivision, the Architectural Control Committee members shall be appointed by the
Board of Trustees of the Association. Any member of the Architectural Control Committee may
be removed, with or without cause, by the Declarant for so long as Declarant owns property in
the Subdivision. When Declarant ceases to own property in the Subdivision, any member of the
Architectural Control Committee may be removed, with or without cause, by the Board of
Trustees of the Association. In the event of the death, resignation or removal of any member of
the Architectural Control Committee, the Declarant (or the Board of Trustees of the Association)
shall have the authority to designate successor member(s) to the Architectural Control
Committee. A majority of the Architectural Control Committee may designate one or more
representatives to act for it and such representative(s) shall have the full right, authority, and
power to carry out the functions of the Architectural Control Committee.
No person serving on the Architectural Control Committee shall be entitled to
compensation for services performed; however, the Architectural Control Committee may
employ one or more architects, engineers, attorneys or other consultants to assist the
Architectural Control Committee in carrying out its duties hereunder, and the Association shall
pay such consultants for services rendered to the Architectural Control Committee.
Section 5.2. Purpose. The purposes of the Architectural Control Committee are to
protect the environmental and architectural integrity of the Subdivision, to establish and preserve
a harmonious and aesthetically pleasing design, and to protect and promote the value of the Lots,
the residences thereon, and the Common Area. In order to accomplish these objectives, the
design, execution and construction of any and all improvements located or proposed to be
located on the land in the Subdivision must be subject to the control and review of the
Architectural Control Committee as provided in this Article V herein.
Section 5.3. Design Guidelines. The Architectural Control Committee shall have the
authority to promulgate design guidelines ("Design Guidelines") which shall generally consist of
requirements and standards for design, architecture, and materials. The Design Guidelines may
include requirements for technology infrastructure to be incorporated at the time of construction.
Said infrastructure requirements may include security system wiring, computer networking,
system automation and other items as the Architectural Control Committee shall see fit. The
Architectural Control Committee may from time to time publish and promulgate additional,
supplemental or revised Design Guidelines, which may be of a general or specific nature. The
Design Guidelines may establish and prescribe architectural design and construction restrictions,
limitations, standards, and guidelines pertaining to any and all aspects of design, style,
architecture, construction specifications, and construction execution. The Design Guidelines
may also, among other things, prescribe the size of homes and home interiors, exterior lighting,
14
exterior materials and the location and placement of homes and improvements thereon. The
Design Guidelines promulgated by the Architectural Control Committee, if any, will serve only
as minimum guidelines and the Architectural Control Committee shall not be bound thereby nor
prohibited from imposing additional and even more stringent requirements or guidelines from
time to time.
Section 5.4. Architectural Control Committee Approval Required. No improvement
shall be erected, placed, or constructed on any Lot, nor shall any exterior addition to or change or
alternation thereon be made, until the Plans and Specifications (as hereinafter defined) for the
same shall have been submitted to and approved in writing by the Architectural Control
Committee (i) as to harmony of exterior design and color with existing structures, (ii) as to
location with respect to topography and finished ground elevation, (iii) as to location of the
improvements upon the Lot, and (iv) as to compliance with any Design Guidelines promulgated
by the Architectural Control Committee. The Owner shall submit detailed architectural drawings
of the elevations and shall further specify, in such form and detail as the Architectural Control
Committee may reasonably require, the location upon the Lot where the improvements are to be
placed and the dimensions thereof (a plot plan), as well as appropriate information concerning
the structural, mechanical, electrical, and plumbing details, and the nature, kind, shape, height,
-' color scheme, and materials of the proposed improvements or alterations (the "Plans and
Specifications"). Builders using an exact replica of a previously approved plan need not
resubmit a full application for approval, unless differences exist between the current plan and the
previously approved plan, such as lot size or shape, etc.
Section 5.5. Remodeling. Renovation and Redecorating of Exterior Walls. No
remodeling, renovation or redecoration of any exterior wall of any building on a Lot which in
any manner changes the visual appearance of such exterior wall, including, but not limited to,
changing the color, appearance, texture or reflective character of any exterior surface, the
addition or alteration of shutters, awnings or other window coverings; or the addition of wall
applications, shall be allowed until the Remodeling Plans and Specifications describing the work
to be performed have been approved in writing by the Architectural Control Committee. No fee
will be charged by the Architectural Review Committee for review of Remodeling Plans and
Specifications; however, any fees incurred by the Architectural Control Committee for consulting
or other professional services used in the review of applications may be charged to the Lot
owner. Such remodeling, renovation or redecoration shall, for the purposes hereof, be deemed to
constitute an alteration of the building.
Notwithstanding the foregoing, no permission or approval shall be required to rebuild in
accordance with originally or subsequently approved Plans and Specifications. In addition,
nothing contained herein shall be construed to limit the right of an Owner to remodel the interior
of his dwelling or to paint the interior of his dwelling any color desired.
Section 5.6. Approval Required in Other Circumstances. Architectural Control
Committee approval may also be required in other circumstances as outlined in this Declaration.
Any such approvals must be obtained in accordance with the provisions of this Article v.
15
Section 5.7. Process. The Owner shall submit two (2) copies of the Plans and
Specifications and related data to the Architectural Control Committee for the review and
approval process. In addition to submitting the Plans and Specifications, a plot plan, a landscape
plan, and other information to the Architectural Control Committee for approval, specifications
for the actual building materials to be used must be submitted as part of the approval process (if
requested by the Architectural control Committee). One copy of such Plans and Specifications
so submitted shall be retained in the records of the Architectural Control Committee. The
remaining copy shall be returned to the Owner with a letter of approval or disapproval.
The Architectural Control Committee shall have the sole discretion to determine whether
the Plans and Specifications submitted for approval are acceptable to the Association.
Disapproval of Plans and Specifications may be based upon any ground which is consistent with
the objective and purposes of this Declaration, including purely aesthetic considerations. The
Architectural Control Committee also has the right to disapprove any such Plans and
Specifications submitted based upon the failure of the Plans and Specifications to comply with
any Design Guidelines set forth by the Architectural Control Committee.
Section 5.8. Review of Plans and Specifications. The Architectural Control
Committee shall, within thirty (30) days after receipt of the Plans and Specifications, advise the
submitting party of its approval or disapproval of same. In the event the Architectural Control
Committee does not advise the party submitting the Plans and Specifications by written notice
within such thirty (30) day period, then such Plans and Specifications shall be deemed to have
been denied. The aforesaid thirty (30) day period for the Architectural Control Committee's
review of the Plans and Specifications shall not commence to run until all of the described
. drawings, plans, and specifications comprising the Plans and Specifications have been received
by the Architectural Control Committee in final form. In the event the Architectural Control
Committee shall object to or disapprove all or any portion of the Plans and Specifications, the
party submitting the same shall cause the Plans and Specifications to be modified to the extent
required by the Architectural Control Committee and shall resubmit the revised Plans and
Specifications as set forth above.
Section 5.9. Commencement of Construction. All exterior work (including all
landscaping as shown in the Landscape Plan submitted to the Architectural Control Committee)
and interior work (including, but not limited to, all electrical outlets in place and functional, all
plumbing fixtures installed and operational, all cabinet work completed, all interior walls,
ceilings, and doors completed and covered by paint, wallpaper, paneling or the like, and all
floors covered by wood, carpet, tile or other similar floor covering) shall be completed within
twelve (12) months of the commencement thereof, unless the Architectural Control Committee
extends the time for completion for good cause shown. The Architectural Control Committee
may consider, among other things, the existence of the following circumstances in determining
whether or not good cause exists for extending the completion date: strikes, fires, national
emergencies, critical materials shortages, or other intervening forces beyond the control of the
Owner or his agent. For the purposes of this Section, construction shall be deemed to have
"commenced" when the foundation forms have been set.
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Section 5.10. Appeal to the Board of Trustees. In the event that Plans and
Specifications concerning the remodeling, renovating, or redecorating of exterior walls,
submitted for approval in accordance with Section 5.5 hereof, are disapproved by the
Architectural Control Committee, the Owner shall have the right to appeal the decision to the
Board of Trustees by delivering a written notice of appeal to the manager of the Association or
the Secretary of the Board within thirty (30) days after the date of disapproval. Procedures for
such appeal shall be determined by the Board of Trustees.
Section 5.11. Compliance with Plans and Specifications. All buildings or other
structures built on a Lot shall be constructed in strict accordance with the approved Plans and
Specifications and with all applicable building codes. No construction or use that is inconsistent
with, in addition to, or different from the approved Plans and Specifications shall be commenced
or permitted until Plans and Specifications reflecting such changes or additions have been
submitted to and approved by the Architectural Control Committee in accordance with this
Article. The decision of the Architectural Control Committee with respect to whether the
construction is in compliance with the Plans and Specifications shall be conclusive.
Section 5.12. Right to Inspect. Any member of the Board of Trustees, the
Architectural Control Committee, or their representatives shall have the right but not the
obligation during reasonable hours to enter upon and inspect any Lot with respect to which
construction is under way to determine whether or not the Plans and Specifications therefore
have been approved and are being complied with, the Architectural Control Committee shall be
entitled to enjoin further construction and to require the removal or correction of any work in
progress which does not comply with the approved Plans and Specifications.
Section 5.13. No hnplied Waiver or Estoppel. No action or failure to act by the
Architectural Control Committee or the Board shall constitute a waiver or estoppel with respect
to future action by the Architectural Control Committee or Board with respect to the construction
of any improvements within the Subdivision. The approval by the Architectural Control
Committee of any Plans and Specifications for any work done or proposed, or in connection with
any other matter requiring the approval and consent of the Architectural Control Committee,
shall not be deemed to constitute a waiver of any right or an estoppel to withhold approval or
consent as to any similar residential construction or any similar plans, specifications, drawings,
or other materials subsequently or additionally submitted for approval or consent.
Section 5.14. Variances. The Architectural Control Committee shall have the right,
exercisable at its discretion, to grant variances to the architectural restrictions in specific
instances where the Architectural Control Committee in good faith deems that such variance
does not adversely affect the architectural and environmental integrity of the Subdivision or the
common scheme of the development. The Architectural Control Committee may require the
submission to it of such documents and items as it shall deem appropriate in connection with its
consideration of a variance. If the Architectural Control Committee shall approve such request
for a variance, the Architectural Control Committee may evidence such approval and grant its
permission for such variance, only by written instrument, addressed to the Owner of the Lot
relative to which such variance has been requested, describing the applicable restrictive
covenants(s) and the particular variance requested, expressing the decision of the Architectural
17
Control Committee to permit the variance, describing (when applicable) the conditions on which
the variance has been approved (including, as examples but without limitation, the type of
alternative materials to be used or the alternate fence height approved), and signed by a majority
of the then members of the Architectural Control Committee (or by the Architectural Control
Committee's designated representative if one has been designated under the authority contained
in Section 5.1 above).
If any such variances are granted, no violation of the provisions of this Declaration shall
be deemed to have occurred with respect to the matter for which the variance is granted;
provided, however, that the granting of a variance shall not operate to waive any of the
provisions of this Declaration for any purpose except as to the particular property and particular
provisions hereof covered by the variance, nor shall the granting of any variance affect in any
way the Owner's obligation to comply with all governmental laws and regulations affecting the
Lots. Any request for a variance shall be deemed to have been disapproved for the purposes
hereof in the event of either (i) written notice of disapproval from the Architectural Control
Committee; or (ii) failure by the Architectural Control Committee to respond to the request for a
variance within thirty (30) days of such request.
In the event the Architectural Control Committee or any successor to the authority
thereof shall not then be functioning, and/or the term of the Architectural Control Committee
shall have expired and the Board of Trustees of the Association shall not have succeeded to the
authority thereof as herein provided, no variances from the covenants of this Declaration shall be
permitted, it being the intention of Declarant that no variances be available except in the
discretion of the Architectural Control Committee or the Board of Trustees of the Association in
the manner provided herein. The Architectural Control Committee shall have no authority to
approve any variance except as expressly provided in this Declaration.
For purposes of this Section, the inability to obtain approval of any governmental agency,
the issuance of any permit, or the terms of any financing shall not be considered a hardship
warranting a variance. Likewise, the Architectural Control Committee does not have the
authority to grant variances which conflict with any applicable governmental building codes.
Section 5.15. Failure to Use Approval Process. Should any Owner or occupant
proceed with any construction, alterations or exterior changes without first applying for the
written approval of the Architectural Control Committee as provided in this Article, such Owner
or occupant will be in violation of the Declaration and will be required to submit Plans and
Specifications, together with such other documents or materials as the Architectural Control
Committee deems appropriate, even after construction has commenced. The Architectural
Control Committee will have one hundred and twenty (120) days from receipt of the last of any
required documentation (submitted after commencement of construction, alteration, or exterior
changes without prior written approval) to respond by approval, disapproval, or with
modification requirements. The Association shall have the right to obtain restraining orders and
or temporary or permanent injunctions to terminate or halt construction which has not been
reviewed and approved by the Architectural Control Committee in accordance herewith. All
reasonable enforcement costs and attorney's fees incurred by the Association in connection with
the Association's exercise of the right to obtain restraining orders and or temporary or permanent
18
injunctions under this Section 5.15 shall be recoverable against the Owner in violation of this
Declaration and the provisions hereof. The Owner agrees by the purchase of a residence on a
Lot to pay all such reasonable costs of enforcement and attorney's fees immediately upon receipt
of a statement therefor. In the event of the failure to pay such statement, the amount thereof may
be added to the Assessment against such Lot and shall become a charge thereon which shall be
collectible and secured in the same manner as the Assessments provided for herein.
Section 5.16. No Liability. The approval by the Architectural Control Committee (or
Declarant, prior to appointment of the Architectural Control Committee) of any Plans and
Specifications, and any requirement by the Architectural Control Committee (or Declarant, prior
to appointment of the Architectural Control Committee) that the Plans and Specifications be
modified, shall not constitute a warranty or representation by the Architectural Control
Committee (or Declarant) of habitability, or of compliance with any other applicable building
codes or ordinances.
ARTICLE VI
LAKES AT FAIRMONT GREENS HOMEOWNERS ASSOCIATION, INC.
Section 6.1 Organization. Declarant has caused or will cause the Association to be
organized and formed as a non-profit corporation under the laws of the State of Texas. The
principal purposes of the Association are the collections, expenditure and management of the
maintenance charge funds, enforcement of the Declaration, providing for the maintenance,
preservations and architectural control (when the powers of the Committee terminate and the
Committee's powers vest in the Association) within the Subdivision, the general overall
supervision of all of the affairs and well-being of the Subdivision and any further property
hereafter brought within its jurisdiction, and the promotion of the health, safety and welfare of
the residents within the Subdivision.
Section 6.2 Board of Trustees. The Association acts through a Board of Trustees which
manages the affairs ofthe Association as specified by the by-laws of the Association.
Section 6.3 Membership. Every Owner of a Lot shall be a member of the Association.
Lot ownership is the sole requirement for membership and no Owner shall have more than one
membership even though the Owner's building site may consist of more than one Lot.
Membership shall be appurtenant to and may not be separated from ownership of the land which
is subject to assessment by the Association and shall automatically pass with the title to the Lot.
Section 6.4 V otirig. The Association shall have two (2) classes of voting membership
with respect to the Subdivision covered by this Declaration:
Class A members shall be all Owners with the exception of the Declarant and shall be
entitled to one vote for each Lot owned. If a Building Site consists of more than one Lot, the
Owner of that Building Site shall be entitled to only one vote for that Building Site. When more
than one individual or entity holds an ownership interest in a Lot, all such persons shall be
19
Members, but in no event shall they be entitled to more than one vote with respect to that
particular Lot. Holders of future interests shall not be considered as Owners for the purposes of
voting hereunder.
Class B members shall be the Declarant. Class B members shall be entitled to three (3)
votes for each Lot owned. The Class B membership shall cease and be converted to Class A
membership on the happening of either of the following events, whichever occurs earlier: (i)
when seventy five percent (75%) of the Lots are deeded to homeowners, or (ii) on January 1,
2027.
ARTICLE VII
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 7.1 Creation of the Lien and Personal Obligation for Assessments. The
Declarant, for each Lot within the subdivision which shall be or thereafter become subject to the
assessments hereinafter provided for, hereby covenants, and each Owner of any Lot which shall
be or thereafter become assessable, by acceptance of a Deed therefor, whether or not it shall be
expressed in the Deed or other evidence of the conveyance, is deemed to covenant and agree to
pay to the Association the following: annual assessments or charges and special assessments for
capital improvements.
Such assessments or charges are to be fixed, established and collected as hereinafter
provided. These charges and assessment, together with interest, late fees, costs of collection, and
reasonable attorney's fees shall be a charge on the land and shall be secured by a continuing
Vendor's Lien upon the Lot against which such assessments or charges. are made. Each such
assessment or charge, together with such interest, late fees, costs and reasonable attorney's fees
shall also be and remain the personal obligation of the individual or individuals who owned the
particular Lot at the time the assessment or charge fell due notwithstanding any subsequent
transfer of title to such Lot. Upon a transfer of a Lot, the assessments accrued to the date of
transfer must be paid in full.
Section 7.2 Purpose of Assessments. The assessments levied by the Association shall be
used exclusively for the purpose of promoting the recreation, health, safety and welfare of the
residents of the Subdivision. Without limiting the foregoing, the total assessments accumulated
by the Association, insofar as the same may be sufficient, shall be applied toward the payment of
all taxes, insurance premiums and repair, maintenance and acquisition expenses incurred by the
Association, and, at the option of the Board of Trustees of the Association, for any or all of the
following purposes: lighting, improving and maintaining any Common Area; collecting and
disposing of garbage, ashes, rubbish and materials of a similar nature; employment of a
professional management service; purchase, installation, repair and maintenance of any security
equipment and entrance gates; payment of legal and all other expenses incurred in connection
with the collection, enforcement and administration of all assessments and charges and in
connection with the enforcement of this Declaration; payment for accounting services;
employing policemen .or watchmen and/or a security service; fogging and furnishing other
general insecticide services; acquiring and maintaining any private amenities or recreational
facilities that are or will be operated in whole or in part for the benefit of the Owners; and doing
any other thing necessary or desirable in the opinion of the Board of Trustees of the Association
to keep and maintain the property in the Subdivision in neat and good order, or which they
20
consider of general benefit to the Owners or occupants of the Subdivision, including the
establishment and maintenance of a reserve for repair, maintenance, taxes, insurance and other
charges as specified herein. The judgment of the Board of Trustees of the Association in
establishing annual assessments, special assessments and other charges and in the expenditure of
said funds shall be fmal and conclusive so long as said judgment is exercised in good faith.
Section 7.3 Basis and Maximum Level of Annual HOA Assessments. Until January 1 of
the year immediately following the conveyance of the first Lot to an Owner, the initial annual
assessment shall be $150 per Lot.
(a) From and after January 1 of the year immediately following the conveyance of the first Lot to
an Owner, the annual assessment referenced above may be increased each year by an amount equal to
not more that ten percent (10%) above the previous years' assessment, without a vote of the
membership.
(b) From and after January 1 of the year immediately following the conveyance of the first Lot to
an Owner, the annual assessment may be increased to an amount in excess often percent (10%) of the
assessment for the previous year by a vote of two-thirds (2/3) of each class of Members who are
voting in person or by proxy, at a meeting duly called for such purpose.
Section 7.4 Special Assessments for Capital Improvements. In addition to the annual
assessment authorized above, the Association may from time to time levy a special assessment for the
purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or
replacement of a capital improvement upon the Common Area, including fixtures and personal
property related thereto provided that any such assessment shall have the assent of two-thirds (2/3) of
the votes in each class of-Members who are voting in person or by proxy at a meeting duly called for
this purpose. If a Building Site consists of more than one Lot, that Building Site shall be subject to the
same amount of assessment as one single Lot.
Section 7.5 Quorum for Any Action Under Section 7.3 and 7.4 Herein. Written notice of
any meeting called for the purpose of taking any action authorized under Sections 7.3 and 7.4
shall be mailed (by U. S. first class mail) to all members no less than thirty (30) days or more
than sixty (60) days in advance of the meeting. Notice shall be deemed given on the date it is
deposited in the u.S. mail. At the first such meeting called, the presence of members or of
proxies entitled to cast a minimum of ten percent (10%) of all the votes of each class of
membership shall constitute a quorum. If the required quorum is not present at any such
meeting, the meeting shall be adjourned but another meeting may be called subject to the same
notice requirements, but the required quorum at such subsequent meeting shall be one-half (1/2)
of the required quorum applicable in the case of the preceding meeting to each class of
membership. No such subsequent meeting shall be held more than sixty (60) days following the
preceding meeting.
Section 7.6 Rates of Assessment. All Lots shall commence to bear their applicable
maintenance fund assessment simultaneously and Lots owned by Declarant are exempt from
assessment. Lots which are occupied by residents shall be subject to the annual assessment
determined by the Board of Trustees in accordance with provisions of Sections 7.3 and 7.7
hereof. Lots which are not occupied by a resident and which are owned by a builder, or a
21
building company, shall be assessed at the rate of one-half (1/2) of the full annual assessment.
The rate of assessment for an individual Lot, within a calendar year, shall change as the character
of ownership and occupancy changes and the applicable assessment for such Lot shall be
prorated according to the applicable rate for each type of ownership and occupancy.
Section 7.7 Date of Commencement and Determination of Annual Assessment. The
annual assessments provided for herein shall commence as to all Lots on a date fixed by the
Board of Trustees of the Association. The first annual assessment shall be adjusted according to
the number of months remaining in the then current calendar year. The Board of Trustees shall
fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of
each annual assessment period. Written notice of the annual assessment shall be mailed (by U.S.
first class mail) to every Owner subject thereto. The payment dates shall be established by the
Board of Trustees. The Association shall, upon demand, and for a reasonable charge, furnish a
certificate signed by an officer of the Association setting forth whether the assessments on a
specified Lot have been paid and the amount of any delinquencies. The Association shall not be
required to obtain a request for such certificate signed by the Owner, but may deliver such
certificate to any party who, in the Association's judgment, has a legitimate reason for requesting
same.
Section 7.8 Effect of Nonpayment of Assessments. Any assessment not paid within
thirty (30) days after the due date shall bear interest from the due date at the rate of ten percent
(10%) per annum. If any assessment is not paid within thirty (30) days after the due date, the
Association may bring an action at law against the Owner personally obligated to pay the same,
and/or foreclose the Vendor's Lien herein retained against the Lot. Interest, late fees, costs of
collection, costs of court, and reasonable attorney's fees (when placed with an attorney for
collection, whether with or without suit) incurred in any such action shall be added to the amount
of such assessment or charge. Each such Owner, by his acceptance of a deed to a Lot, hereby
expressly vests in the Association or its representative the right and power to institute and
maintain an action against such Owner personally for the collection of such assessments and
charges as a debt and to enforce the Vendor's Lien by any methods available for the enforcement
of such liens at law and in equity. No Owner may waive or otherwise escape said Vendor's Lien
and liability for the assessments provided for herein by non-use of any Common Areas. If an
Owner abandons or divests himself or herself of ownership of a Lot, he or she is still responsible
for any annual or special assessment which become due and payable during the time when such
Owner owned the Lot.
Section 7.9 Subordination of the Lien to Mortgages. As hereinabove provided, the title to
each Lot shall be subject to the Vendor's Lien securing the payment of all assessments and
charges due the Association, but the Vendor's Lien shall be subordinate to any valid purchase
money lien or valid lien securing the cost of construction of home improvements. Sale or
transfer of any Lot shall not affect the Vendor's Lien provided, however, the sale or transfer of
any Lot pursuant to a judicial or non-judicial foreclosure under the aforesaid superior liens shall
extinguish the Vendor's Lien securing such assessment or charge as to payments which became
due prior to such sale or transfer. No sale or transfer shall relieve such Lot or the Owner thereof
from liability for any charges or assessments thereafter becoming due or from the lien thereof.
In addition to the automatic subordination provided for hereinabove, the Association, in the
22
discretion of its Board of Trustees, may subordinate the Vendor's Lien herein retained to any
other mortgage, lien or encumbrance, subject to such limitations, if any, as the Board of Trustees
may determine.
Section 7.10 Exempt Property. All properties dedicated to, and accepted by, a local
public authority and all properties owned by a charitable or non-profit organization exempt from
taxation by the laws of the State of Texas shall be exempt from the assessments and charges
created herein. Notwithstanding the foregoing, no Lot which is used as a residence shall be
exempt from said assessments and charges.
ARTICLE VIII
ENFORCEMENT
The Association or any Owner shall have the right to enforce, by any proceeding at law
or in equity, the covenants and restrictions contained herein. Failure of the Association or any
Owner to enforce any of the provisions herein contained shall in no event be deemed a waiver of
the right to do so thereafter. Costs and reasonable attorney's fees incurred by the Association in
any such enforcement action shall be reimbursed to it from any Owner found to be in violation of
the covenants and restrictions, and such charge when unpaid for thirty days after being billed to
the Owner shall become a part of the lien on the property and collectable as allowed by Article
VII, Section 7.8 hereinabove. Each Owner, by his acceptance of a Deed to a Lot, hereby
expressly vests in the Association or its agent, the right and power to bring all actions against
such Owner personally for the collection of such charges. No Owner may waive or otherwise
escape liability for the charges provided for herein by non-use of the Community Properties or
abandonment of his Lot.
ARTICLE IX
GENERAL PROVISIONS
Section 9.1 Term. These covenants and restrictions shall run with the land and shall be
binding upon all parties and all persons claiming under them for a period of forty (40) years from
the date this Declaration is recorded, after which time said covenants and restrictions shall be
automatically extended for successive periods often (10) years each, unless an instrument signed
by the Owners of seventy-five percent (75%) of the Lots has been recorded agreeing to terminate
the covenants and restrictions in whole or in part.
Section 9.2 Severability. Invalidation of anyone of these covenants and restrictions by
judgment or other court order shall in no way affect any other provisions, which shall remain in
full force and effect except as to any terms and provisions which are invalidated.
Section 9.3 Gender and Grammar. The singular wherever used herein shall be construed
to mean or include the plural when applicable, and the necessary grammatical changes required
23
to make the provisions hereof apply either to corporation (or other entities) or individuals, male
or female, shall in all cases be assumed as though in each case fully expressed.
Section 9.4 Titles. The titles of this Declaration contained herein are for convenience
only and shall not be used to construe, interpret, or limit the meaning of any term or provision
contained in this Declaration.
Section 9.5 Interpretation. If this Declaration or any work, clause, sentence, paragraph or
other part thereof shall be susceptible of more than one or conflicting interpretations, then the
interpretation which is most nearly in accordance with the general purposes and objectives of this
Declaration shall govern.
Section 9.6 Omissions. If any punctuation, word, clause, sentence or provision necessary
to give meaning, validity or effect to any other word, clause, sentence or provision appearing in
this Declaration is omitted, then it is hereby declared that s~ch omission was unintentional and
that the omitted punctuation, word, clause, sentence or provision shall be supplied by inference.
Section 9.7 Notices. Any notice required to be sent to any Member or Owner under the
provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid,
to the last known address of the person who appears as Member or Owner on the records of the
Association at the time of such mailing.
Section 9.8 Replatting. Dedarant shall have the right, but shall never be obligated, to
resubdivide into Lots, by recorded Plat or in any other lawful manner, all or any part of the
property contained within the outer boundaries of the Subdivision Plat and such Lots as replatted
shall be subject to these restrictions as if such Lots were originally included herein. Any such
replat must comply with all local and state replatting ordinances, statutes, regulations and
requirements.
Section 9.9 Amendment. This Declaration may be amended at any time by an instrument
executed by the Owners of two thirds (2/3) o{the Lots in the Subdivision.
The Declarant shall have and reserve the right at any time and from time to time, without
the joinder or consent of any other party to amend this Declaration by any instrument in writing
duly signed, acknowledged and filed for record for the purpose of correcting any typographical
or grammatical error, ambiguity or inconsistency appearing herein, provided that such
amendment shall be consistent with and in furtherance of the general plan and scheme of
development as evidenced by the Declaration and any Supplemental Declarations taken
collectively, and shall not impair or affect the vested property rights of any Owner or his
mortgagee.
Section 9.10 Hold Harmless Agreement for Golf Course Lots. It is acknowledged and
agreed that, from time to time, golf balls may be hit which leave the boundaries of the golf
course and stray onto the Lots, streets or Common Areas immediately adjacent to the golf
course, and which cause a potential danger and hazard to the Owners, residents" their families,
tenants, guests and employees, and to the real or personal property situated on the Golf Course
24
Lots, streets or Common Areas. Each Owner shall and does hereby, on behalf of such Owner,
his heirs, legal representatives, successors and assigns, release and hold harmless the City of
LaPorte, Texas, Declarant and the Association, their respective successors and assigns, from any
claims, liabilities, causes of action, court costs, expenses, attorney's fees, losses and/or damages
arising out of or related to damages to persons or property caused by golf balls straying onto
such areas. This release shall be a condition of the purchase or sale of each of the Lots, and shall
constitute a covenant running with the land, which shall be binding upon the Owners of the Lots,
their heirs, successors and assigns, and shall inure the benefit of the City of La Porte, Texas,
Declarant and Association, their respective successors and assigns.
Section 9.11 Ru1es and Regulations/Architectural Guidelines. The Declarant and/or the
Board of Directors may, from time to time, in its sole discretion, promulgate, modify or delete
rules and regu1ations and/or Architectural Guidelines governing the use and appearance of the
subdivision, applicable to the Lots and the Common Property, so long as such rilles and
regulations are not in conflict with any of the restrictions contained herein. Such rules and
regu1ations and/or Architectural Guidelines shall be binding upon all Owners and occupants.
Any rilles and regu1ations and/or Architectural Guidelines promulgated by the Board of Directors
shall not be binding on Declarant or to any property owned by it, and shall not be applied in any
manner which wou1d prohibit or restrict the development of the Subdivision, or the sale of
residences by Declarant.
65 La Porte, Ltd., a Texas Limited Partnership
THE STATE OF TEXAS
~
COUNTY OF HARRIS
~
This instrument was acknowledged before me on this the ?:f)ftr.. day of ~
20.Dl, by Joe Fogarty, President ofNEHC Properties, Inc., General Partner of 65 La Porte, Ltd., a
Texas Limited Partnership, on behalf of said partnership.
TRACY J. LAPERAIEFlE
MY COMMISSION eXPIRES
September 27, 200S
-Vo,G"-i '3. Lo~rrie r~
(Stamp lor Print N e of Notary )
25
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BAY
GOLF
THIS EXHIBIT IS FOR ILLUSTRATION
POAPUSES ONLY THE ACTUAl. SPUT
OF PHESE UNES, LOT SIZE AND
IAYOllT FOR EACH PHASE IS SUBJECT
TO ADJUST\IENT AT THE TillE EACH
PHASE IS SCHEDULED FOR DEVE1.0PIIENT.
REMOVE EXISTING CHAIN FENCE
ALONG GOLF COURSE ERECT
NEW 4' ORNAMENTAL IRON FENCE
GATE
EMERGENCY
ACCESS
UPGRADE
WOOD
FENCE
ROAD
........................
......~..........
\.- 4' SIDEWALK
NOTE:
Ion
Design
Group
THIS EXHIBIT IS FOR IUUSTRATION
PORPUSES ONLY THE ACTUAl SPUT
OF PHESE UNES. lOT SIZE AND
LAYOUT FOR EACH PHASE IS SUBJECT
TO ADJUSTIoIENT AT THE TIME EACH
PHASE IS SCHEDULED FOR DEVELOPMENT.
_IL...........,...,...
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.......T_7t:IIII
-Ph
-'"
OCT1JIER 1. 2D07
LAKES AT FAlRMONT GREENS
DEVELOPMENT
EXHIBIT G
~ REMOVE EXISTING CHAIN FENCE
ALONG GOLF COURSE ERECT
NEW 4' ORNAMENTAL IRON FENCE
LA
BAY
GOLF
CITY OF
PORTE
FOREST
COURSE
CONSTRUCT
PEDESTRIAN
CONNECTOR
UPGRADE
WOOD
FENCE
... .~.cCA.BE...R OA.O .... \. .... ~~~~~......
~ 4' SIDEWALK
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"l=11 0.07'
0"=01'04'0-4-"
R=590a.OJ' I
CO=N19'21'J5"E ~ I
Cl-110.07' I
I
20.1190 ACR€S
TRACT FOUR
f. CARRINGTQH WEEUS
TO -
65 LA PORTE. LID
APRil 3, 200J
ccr IWSS60BO
OffiCIAL pustle RECORQS
Of' REA.l PROPERTV
H...~AIS COUNTY. TEXAS
NOTE 1: BEARINGS ARE BASEO ON OEED BEARINGS AND fOUND
MONUMENTS I'" THE NORTH LINE OF THAT CERTAI", TRACT or LAND,
BEING 3.00 ACRES CONVEYED BY SHAWN IBRAHIN. INC. TO 65 lA
PORTE. L.TD BY DEED DATED OCTOBER 22. 2004 AND RECORDED
UNDER HARRIS COUNTY CL.ERK'S m.E NO. YD22502 OF THE
OHlCIAl PUBLIC RECORDS OF REAL PROPERTY OF HARRIS COUNTY,
TEXAS; AND TIIOSE CERTAIN 16.856 ACRES AND 5.754 ACRES
(TRACTS ONE AND TWO, RESPECTIVELY) AS CONVEYED BY BEN F.
WEEMS, ET AL, TO 65 LA PORTE, LTD, BY DEED DATED NOVEMBER
12. 2002 AND RECORDED UNDER HARRIS COUNTY CLERK'S fll.E
NO. W225686 or THE OFFICIAL PUBI.IC RECORDS OF REAL PROPERTT
OF HARRIS COUNTY, TEl<AS.
NOTE 2: REFERENCE IS MADE TO THE METES ANO BOUNDS
DESCRIPTlOt-j or EVEN DATE ACCOMPANYING nus PI.AT.
I. JUlIENE RAMSEY, REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4379,
DO HERElilY CERTIFY THAT THIS PLAT DElINEATES THE RESULTS OF AN OFFICE
SURVEY MADE UNDER MY SUPRVlSION ON MARCH 13, 2007, AND THAT
ALL lINE:r. BOUNDARIES AND lANDMARI<S ARE ACCURATELY DESCRIBED
HEREON. i
WITNESS MY HAND AND SEAL AT BAYTOWN, TEXAS, THIS THE 13TH DAY OF
MARCH, At D., 2007.
1;;~-~ ??~~
". tJilENE ~AMSEY 0
. iGISTEREO PROFESSIONAL LAND SURVEYOR NO. 4379
I
9.013 ACRES
TRACT lHREE
r. CARRIUG10N WEEuS
TO
65 loA PORTE. lTO
Af'R"- 3, 2003
CCF 'W3660BO
orFlCl1\L PUBLIC RECORDS
or ~EAt PROPERTY
HARRIS COUNTY. lEKAS
QUIT -CLA1U DEED
60035 ACRES
TRACT II
J. E. COOK. ET "'-
TO
tHY Of LA PORTE
ocrOOER 10, 1966
CCF ,fK7S47..u
OfflCl^l PuBLIC RECORDS
or REAL PROPERlY
H"AftIS COUNTY. TEXAS
WILLIAM P. HARRIS SURVEY
ABSTRACT NO. 30
~
<(
m
?5
~
t
McCABE ROAD
(80 FEET WIDE ROW)
BHA-HUTCHISON &: ASSOCIATES
ENGINEERS SURVEYORS
1209 DECKER DRIVE, SA YTOWN, TEXAS
281/422-8213
SCALE:
DRAWN BY:
1" = 20 '
!
AR
w
~~
to T-
0:4"
1')0
Ul
".973 ACRES
1AACT f'1\A:
F. CARR'"GTOII YoEEUS
10
65 LA PORlE. UD
APRil 3. 2003
CCF ''8566080
OrnClAL PUBUC RECORDS
OF RE".L PROPER TV
HARRIS CQUN,TV. TEXA.S
60
80
o
80
60
..LL.
. ,
~
SCALe: fINCH
60
JOB NO.: 0629548
ORWN-NAME; HCFCD.DWG
CHECKED BY:
AJR
. ~;";'..= _.-........-~-:-~=-==-_.---".
STATE OF TEXAS)
COUNTY OF HARRIS)
DESCRIPTION of a 3.9252 acre tract ofland situated in the William P. Harris Survey, Abstract 30,
Han1s County, Texas and being all oftbat same land (110.00 feet wide drainage easement)
conveyed to Harris County Flood Control District by deed recorded in Volume 6642 at
Page 4.39 ofllie Deed Records of Harris County, Texas. This 3.9252 acre tract ofland is more
particularly described by the following metes and bounds, to-wit:
NOTE: BEARINGS ARE BASED ON DEED BEARINGS AND FOUND MONUMENTS IN
THE NORTH LINE OF THAT CERTAIN TRACT OF LAND, BEING 3.00 ACRES
CONVEYED BY SHAWN IBRAHIN, INC. TO 65 LAPORTE, LTD BY DEED DATED
OCTOBER 22, 2004 AND RECORDED UNDER HARRIS COUNTY CLEKR'S FILE NO.
6022502 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF HARRIS
COUNTY, TEXAS; AND THOSE CERTAIN 16.856 ACRES AND 5.754 ACRES (TRACTS
ONE AND TWO, RESPECTIVELY) AS CONVEYED BY BEN F. WEEMS, ET AL, TO 65 LA
PORTE, LTD, BY DEED DATED NOVEMBER 12,2002 AND RECORDED UNDER HARRIS
COUNTY CLERK'S FILE NO. \V225686 OF THE OFFICIAL PUBLIC RECORDS OF REAL
PROPERTY OF HARRIS COUNTY, TEXAS. REFERENCE IS MADE TO THE PLAT OF
EVEN DATE ACCOMP.A.NYING THIS METES AND BOUNDS DESCRIPTION.
BEGINNING at a point for the Southeast comer of a 20.1190 acre tract (Tract Four), conveyed by
F. Carrington Weems to 65 LaPorte, LTD, by deed dated April 3, 2003 and recorded in County
Clerk's File No. W566080 of the Official Public Records of Real Property of Harris County, Texas,
and in the North right-of-way line of McCabe Road (80 feet \vide right-of-way) for the
Southernmost Southwest comer and POINT OF BEGINNING of this tract.
THENCE: North 00041 '22" West along a West line of this tract and an East line of said 20.1190
acre tract for a distance of269.87 feet to a point for an angle comer of this tract.
THENCE: North 35035'44" West along a West line of this tract and an East line of said 20.1190
acre tract for a distance of 651.97 feet to a point for an angle comer of this tract.
THENCE: North 70017'17" West along a West line of this tract and an East line of said 20.1190
acre tract for a distance of562.61 feet to a point for the Northernmost Southwest comer of this
tract, in the East right of way line of State HWY 146 (right of way varies). Said point being the
BEGINNING POINT of a curve to the left, concave Westerly.
THENCE: Along and around said curve to the ieft, in a Northerly direction, along the West line of
this tract and the East right-of-way line of said State Highway 146, said curve having a central
angle of 01 004'04", a radius of5906.03 feet and a chord bearing and distance of North 19021 '35"
East 110.07 feet, for an arc length of 110.07 feet to a point for the Northwest corner of this tract
and the Southwest comer ofa 9.075 acre tract (Tract Three), conveyedby F. Carrington Weems to
65 La Porte, LTD, by deed dated April 3, 2003 and recorded in County Clerk's File No. W566080
of the Official Public Records of Real Property of Harris County, Texas,
. .- -.-..-...- ...... .~~. . '-'.'- ~.
PAGE NO. 2 - 3.9252 ACRES
THENCE: South 70017' 17" East along an East line of this tract and the Westemmost South line of
said 9.075 acre tract for.a distance of597.64 feet to a point for-an ,angle comer of this tract.
THENCE: -South 35035'44" East along an East line of this tractandihe Westernmost South line of
said 9.075 acre tract and the West line ofa 60.35 acre tract (quit-claim deed- Tract III), conveyed
by J. E. Cook, etal, to City of La Port by deed dated October 10,1986 and recorded in County
Clerk's File No. K784741 ofthe Official Public Records of Real Property of Harris County, Texas,
for a distance of720.91 feet to a point for an angle corner oftrus tract, the Southwest comer of said
60.35 acre tract, and the Northwest comer of a 4.973 acre tract (Tract Five), conveyed by F.
Carrington Weems to 65 La Porte, LTD, by deed dated April 3, 2003 and recorded in County
Clerk's File No. W566080 of the Official Public Records of Real Property of Harris County, Texas.
THENCE: South 00041 '22" East along an East line of this tract and the West line of said 4.973
acre tract for a distance of 306.1 0 feet to a point in the North right-of-way line of said McCabe
Road for the Southeast comer of this tract, and the Southwest comer of said 4.973 acre tract.
THENCE: North 89049'45" West along the South line of this tract and the North right-of-way line
of said McCabe Road for a distance of110.01 feet to the PLACE OF BEGINNING and containing
within these boundaries 3.9252 acres ofland.
SlJRVEYOR'S CERTIFICATE
I, Juliene Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify that the
foregoing field notes were prepared from an office survey made, under my supervision, in March of
2007 and-that-al:1 lines, boundaries and landmarks are-accurately described therein. - - - -
WITNESS my hand and seal at Baytown, Texas, this the 13th day of March, A. D., 2007.
&~Rt- .
~~Ramsey ~
Registered Professional Land Surveyor No. 4379
hcfcd.fdn. doc
"
EXHIBIT "I"
DEVELOPMENT AGREEMENT
This Development Agreement (this "Agreement") IS made as of Dee . 1\ ,2006, by and
between the CITY OF LA PORTE, a municipal corporation and a home-mle city in the State of
Texas (the "City"), and 65 LA PORTE, LTD., a Texas limited company (the "Develope!")
RECITALS
WHEREAS, in accordance with the provisions of Chapter 372, TEX, LOCAL GOy'I
CODE, and Resolution ~I-s;, the City Council of the City of La POlte created the Public
Improvement District Number One (the "PID") pursuant to the petition for creation from the
owner thereof; and
WHEREAS, the City Council of the City has determined that it is in the bests interest of
the City and the land within the PID to finance the construction of certain PID Improvements
(defined below) and that an assessment against the benefited property within the PID should be
made; and
WHEREAS, the Developer is an owner of certain property within the PID described in
Exhibit A, and wishes to finance and construct certain PID projects; and
WHEREAS, the Developer intends to assist the City in the financing and construction of
the PID Improvements, in exchange for the City's agreement to reimburse the Developer in
accordance with the terms of this Agreement; now, therefore,
AGREEMENT
For and in consideration of the mutual promises, covenants, obligations, and benefits of
this Agreement, the Developer' contract and agree as follows:
ARTICLE 1
GENERAL TERMS
LOl Definitions. The terms "Agreement," "City," "Developer," "PID," and "PID
Agreement" have the meanings set forth in the preamble her'eof; and the following capitalized
terms shall have the meanings provided below, unless otherwise defined or the context clearly
requires otherwise" For purposes ofthis Agreement the words "shall" and "will" are mandatory,
and the word ''may'' is permissive"
Act shall mean the Public Improvement District Assessment Act, Chapter 372, TEX.
LOCAl, Goy'r CODE, as amended"
Assessments shall mean assessments levied and collected in connection with the PID
pur'Suant to the Act and the Plan, and deposited by the City into a Pill Revenue Fund.
Developer Advances shall mean any funds advanced by the Developer pursuant to
Section 5.01, and shall include any interest payable thereon,
Net Assessments shall mean the annual deposits ofthe Assessments into the Pill Revenue
Fund, less amounts reasonably required or anticipated to be required for the administration and
operation of the PID in catrying out its responsibilities hereunder, including a reasonable
operating reserve_
Parties or Party shan mean the City, and the Developer as parties to this Agreement.
PID Improvements shall mean the impmvements described in Article 3 hereof.
PID Revenue Fund shall mean the special fund established by the City and funded with
payments made to the City pursuant to the PID.
Plan shall mean the final Service and Assessment Plan fOl the PID as approved by City
Council in accordance with the Act.
Project shall mean the residential development within the PID pmjected to be canied out
by the Developer described on Exhibit A..
102 Singular and ulural: gender.. Words used herein in the singular, where the context
so permits, also include the plural and vice versa.. The definitions of words in the singular herein
also apply to such words when used in the plural where the context so permits and vice versa.
Likewise, any masculine references shall include the feminine, and vice versa.,
ARTICLE 2
REPRESENTATIONS
2,01 Reuresentations of the Citv. The City hereby represents that:
a, The City is du1y authorized and is qualified to do business in the State of
Texas and is duly qualified to do business wher'ever necessary to carryon the operations
contemplated by this Agreement
b" The City has the power, authority and legal right to enter into and perform
its obligations set forth in this Agreement, and the execution, delivery and performance hereof;
(i) have been dilly authorized, (ii) will not, to the best of its knowledge, violate any judgment,
order~ law or regulation applicable to the City, and (iii) does not constitute a default under' or
result in the creation of; any lien, charge, encumbrance or security interest upon any assets of the
City under' any agreement or instxument to which the City is a party or by which the City or its
assets may be bound or affected.,
c.. This Agreement has been dilly authorized, executed and .delivered and
constitutes a legal, valid and binding obligation of the City, enforceable in accordance with its
terms,
LaPorte_PID_Development Agreement 2
2,02.. Representations of the Developer. The Developer hereby represents that:
a The Developer is duly authorized, created and existing under the laws of
the State of Texas, is qualified to do business in the State of Texas and is duly qualified to do
business wherever necessary to canyon the operations contemplated by this Agreement..
h. The Developer has the power, authority and legal right to enter into and
perform its obligations set forth in this Agreement, and the execution, delivery and perfOImance
hereof~ (i) have been duly authorized, (ii) will not, to the best of its knowledge, violate any
judgment, order, law or regulation applicable to the Developer' or any provisions of the
Developer's organizational documents, and (iii) does not constitute a default under or result in
the creation of, any lien, charge, encumbrance OI security interest upon any assets of the
Developer under any agreement or instrument to which the Developer is a party or by which the
Developer or its assets may be bound or affected"
c, The Developer has sufficient capital to perform its obligations under this
Agreement.
d, This Agreement has been duly authorized, executed and delivered and
constitutes a legal, valid and binding obligati'on ofthe Developer, enfoiceable in accordance with
its terms,
ARTICLE .3
THE PLAN AND PID IMPROVEMENTS
3,,01 The PID Improvements. The PID Improvements are intended to enhance the
proposed implementation of a development within the PID constituting the PIOject, as more fully
described in the Plan.,
1.02 Pro ImpIOvements description" The PID Improvements consist of acquisition,
construction and development of the public impIOvements within the portion of the PID
comprising the Project, as more fully described in Exhibit B, and as described in the Plan, The
PID Improvements will be developed pursuant to a schedule consistent with the pace of
development of the Project that is mutually agreeable to the Parties, The PID Improvements shall
include all engineering, legal and other consultant fees and expenses related to such PID
Improvements"
3,03 Gener'al terms of the Plan. The Plan has not yet been adopted by the City.. The
Parties anticipate that the Plan, at a minimum, will include the PID Improvements described
above to serve the land within the Pill, and such other' facilities as may be agreed upon by the
Parties, and that the Assessments shall be assessed in phases to affect only the portions of the
PID directly benefited by the PID improvements to be financed by each Assessment. The
assessments shall be based upon the agreed-upon percentage of estimated costs of the Public
Improvements as reflected in Exhibit B, plus those related costs as deemed reimbursable by the
City.
LaPorte_PID_Development Agreement 3
3,04, Additional Proiects., This Agreement does not apply to any projects not
specifically included in the Plan and defined herein unless this Agreement is amended to provide
for the design and construction of such additional pl~jects,
ARTICLE 4
DUTIES AND RESPONSmILITIES OF THE DEVELOPER
401 Construction manager. The Developer agrees to construct the PID Improvements
and to provide and fwnish, or cause to be provided and fwnished, all mateIials and services as
and when required in connection with the consuuction ofthe PID Improvements, The Developer'
will obtain all necessaIY permits and approvals fi'Om the City and all other govemmental officials
and agencies having jurisdiction, provide supervision of all phases of construction of the PID
Improvements, provide periodic reports of such construction to the City upon request, and cause
the construction to be perfmmed in accoldance with the Plan.,
4.02 Design of the Pill Improvements, The Developer' shall prepare or cause to be
prepared the plans and specifications for the PID Improvements. Pdor to the commencement of
construction or implementation of the PID Improvements, the plans and specifications must be
approved by the City, The Pill Improvements shall be designed in accordance with City
standards applicable to similaI public impIovements within the City
4,,03 Construction contracts" The Developer shall pIepare the PID Improvements
construction contract documents to ensure that the contract documents are in accordance with the
approved plans and specifications, The Developer shall comply with all laws and regulations
regarding the bidding and construction of public improvements applicable to similar facilities
constructed by the City, including without limitation any applicable requirement relating to
payment, pelfOImance and maintenance bonds.,
4.,04" Consuuction and implementation of the PID Improvements" The Developer shall
be responsible for the inspection and supeIvision of the construction and implementation of the
PID Improvements
a, The Developer shall commence construction of the PID Improvements in
a timely fashion to coincide with the expected development of the Project.
b" Upon completion of a contract for the construction of the PID
Improvements, the Developer shall provide the City with a final summary of all costs associated
with such contract, and show that all aInounts owing to contractors and subcontractors have been
paid in full evidenced by customaIY affidavits executed by such contractors" Following
completion of a construction conu'act, the Developer will call for inspection of the applicable
PID Improvements by the City, and upon approval thereof as being in compliance with City
standards relating thereto, the PID Improvements will be conveyed to the City, subject only to
the right to reimbur'sement for Developer' Advances with respect thereto..
ARTICLE 5
PROJECT FINANCING AND FUNDING
LaPorte]ID_Development Agreement 4
5,01.. The Developer Advances..
a, In connection with the construction of the PID Improvements the
Developer has determined are required to by constructed to setve the Project, the Developer
agrees to provide sufficient funds as such become due for all costs thereof (the "Developer
Advances"), such as costs of design, engineeImg, mateIials, labor, construction, and inspection
fees arising in connection with the Pill Improvements, including all payments arising undet' any
contracts entered into pursuant to this Agreement, all costs incillred in connection with obtaining
govemmental approvals, cettificates or petmits required as a patt of any contracts entet'ed into in
accordance with this Agteement, and a1ll'elated legal fees and out-of-pocket expenses incillJ'ed
on behalf of the City in connection thet'ewith, Developet' Advances shall futther include any
amounts advanced by the Developet, in connection with the administration of the PID and the
design and constmction of the Pill Improvements,
b.. Intet'est on each Developet, Advance shall aCCIue at a seven percent (7%)
annual rate, compounded annually, whether such costs, fees, 01' expenses are paid or incuned
before or aftet' the effective date of this Agreement. Interest shall be calculated on the basis of a
year' of 360 days and the actual days elapsed (including the first day but excluding the last day)
occillring in the period for which such interest is payable, unless such calculation would result in
a uSillious rate, in which case interest shall be calculated on the pet annum basis of a year' of 365
or 366 days, as applicable, and the actual days elapsed (including the first day but excluding the
last day),
5..02, Repavrnent of Developer Advances"
a.. In consideration of the development and construction of the PID
Improvements, the City shall begin repaying the Developer Advances, and shall continue such
repayment until repaid in full, on the earliest date that funds are available from the following
source, and solely from such source:
(i) the Net Assessments, subject to the limitations set forth ill
subsection (c),
b, the City shall reimburse the Developer for Developer Advances, plus
interest, flOm Net Assessments from the PIoject accumulated in the Pill Revenue Fund available
in accordance with the pliorities described in Section 5.0,3, below,
c. At such time as funds are available to pay all or any pOItion of the
Developer Advances made het'eundet', the City shall hire a cettified public accountant at the
Developer's expense ta calculate the amaunt due the Developer and prepar'e and submit a report
to the City certifYing (1) the amount due the Developer for the Developer Advances being repaid
with interest calculated thet'eon, and (2) that funds ar'e available to make such payment. Such
report shall be approved at the earliest practicable time, but not latet than 90 days after
submission by the Develaper of the records requiIed therefor, The City shall make pa)TIlent to
the Develaper within 30 days of approval of the auditor's report,
laPorte]ID _Development Agreement 5
5.03.. Priorities.. Amounts deposited in the PID Revenue Fund shall be applied in the
following Older ofptiolity (i) administrative and operating costs of the PID, (ii) payments to the
Developer pursuant to Section 5.02, above.
ARTICLE 6
DEFAULT
6.01. Default.
a.. If the City does not perfOlm its obligations her'eunder in substantial
compliance with this Agreement, in addition to the other rights given the Developer under this
Agreement, the Developer may enforce specific performance of this Agreement or seek actual
damages incuued by the Developer for any such default.
b.. If the Developer fails to commence 01' complete the PID Improvements or
the PI'Qject in accordance with the terms of this Agreement, including the failure to fund
Developer Advances, the City may terminate this Agreement with respect to its obligations to the
Developer' and shall be relieved of any obligation to reimburse the Developer for any Developer
Advances made after notice of such default has been proVided to the Developer; in writing or
seek actual damages incurred fOl' any such default,
c. The Party alleging default shall pIOvide written notice to the other patty of
such default, and the defaulting party shall have 60 days to remedy the default prior to the
declaration of any default hereunder.
ARTICLE 7
GENERAL
7.,01. Inspections. audits.. The Developer agrees to keep such oper'ating records with
respect to the PID Impmvements and other activities contemplated by this Agreement and all
costs associated therewith as may be required by the City, or by State and federal law or
regulation., The Developer shall allow the City access to, and the City shall have a tight at all
reasonable times to audit, all documents and records in the Developer's possession, custody or
control relating to the Pill Improvements that the City deems necessmy to assist the City in
detelmining the Developer's compliance with this Agreement
7.02 Developel' operations and employees, All pel'sonnel supplied or used by the
Developer in the performance of this Agreement shall be deemed contractors or subcontractors
of the Developer and will not be consider'ed employees, agents, contractors or subconnactors of
the City for any pUIpose whatsoever.. The Developer shall be solely responsible for the
compensation of all such conn'actors and subcontractors"
7.03 Pel'sonal liability of public officials. legal relations, To the extent Pelmitted by
State law, no director, officer, employee or agent of the City shall be personally responsible for
LaPorte_PID_Development Agreement 6
any liability arising under or growing out of the Agreement.. THE PARTIES SHALL INDEMNIFY AND
SAVE HARMLESS EACH DIRER AND THEIR RESPECTIVE OFFICERS. REPRESENTATIVES. AND AGENTS
FROM ALL SUITS. ACTIONS. OR CLAIMS OF ANY CHARACTER BROUGHT FOR OR ON ACCOUNT OF ANY
INJURIES OR DAMAGES RECEIVED BY ANY PERSON. PERSONS. OR PROPERTY RESULTING FROM THE
NEGLIGENT ACTS OF SUCH PARTY. OR ANY OF ITS AGENTS. OFFICERS. OR REPRESENTATIVES IN
PERFORMING ANY OF THE SERVICES AND ACTNIIIES UNDER THIS AGREEMENT.
'7,,04 Notices. Any notice sent under this Agreement (except as otherwise expressly
required) shall be WIitten and mailed, or sent by electronic or facsimile transmission confirmed
by mailing written confirmation at substantially the same time as such electronic or facsimile
transmission, or personally delivered to an officer of the receiving party at the following
addresses:
City of La Porte
c/o City Manager
P..O. Box 1115
La Porte, Texas 77572-1115
PID Contract Administrator
Hawes Hill Calderon, LLP
P..O. Box 22167
Houston, Texas 77092
Attn: Scott Bean
Mr. Joe Fogarty
65 La Porte Ltd
340 N. Sam Houston Parkway East, #100
Houston, Texas 77060
Each party may change its address by Wlitten notice in accordance with this section.. Any
communication addressed and mailed in accordance with this section shall be deemed to be
given when so mailed, any notice so sent by electronic or facsimile transmission shall be deemed
to be given when receipt of such tr'ansmission is acknowledged, and any communication so
delivered in person shall be deemed to be given when receipted for by, or actually received by
the Authority, or the Developer, as the case may be.
7.05 Amendments and waivers.. Any provision of this Agreement may be amended OJ'
waived if such amendment or waiver is in writing and is signed by the City and the Developer.
No course of dealing on the part of the Patties, nor any failure OI delay by one or more of the
Parties, with respect to exercising any right, power or privilege under' this Agreement shall
operate as a waiver' thereof~ except as otherwise provided in this section,
7.06 Invalidity.. In the event that any of the provisions contained in this Agr'eement
shall be held unenforceable in any respect, such unenforceability shall not affect any other
provision of this Agreement.
LaPorte]ID ~Development Agreement 7
7.07 Successors and assigns.. All covenants and agreements contained by 01' on behalf
of a Party in this Agreement shall bind its successors and assigns and shall inure to the benefit of
the other Patties, their successors and assigns.. The Patties may assign their rights and obligations
under this Agreement or any interest herein, only with the prior written consent of the other
Parties, and any assignment without such prior written consent, including an assignment by
operation onaw, is void and of no effect; provided that, the Developer may make an assignment
to a successor developer of the Land if such assignee specifically assumes all of the obligations
of the Developer ,hereunder or may make a collateral assignment in favor of a lender without
consent. This section shall not be constmed to prevent the Developer from selling lots, parcels
or other pottions of the Land in the notmal course of business. If such assignment of the
obligations by the Developer hereunder is effective, the Developer shall be deemed released
nom such obligations. If any assignment of the obligations by the Developer hereunder is
deemed ineffective or invalid, the Developer shall remain liable hereunder..
7.08 Exhibits: titles of atticIes. sections and subsections. The exhibits attached to this
Agreement ale incorporated herein and shall be considered a part of this Agreement for the
purposes stated herein, except that in the event of any conflict between any of the provisions of
such exhibits and the provisions of this Agreement, the provisions of this Agreement shall
prevail. All titles or headings are only for the convenience of the parties and shall not be
construed to have any effect or meaning as to the agreement between the parties hereto. Any
reference herein to a section or subsection shall be considered a reference to such section or
subsection of this Agreement unless otherwise stated.. Any reference herein to an exhibit shall be
considered a reference to the applicable exhibit attached hereto unless otherwise stated.
7.09 ConstIuction. This Agreement is a contract made under and shall be construed in
accordance with and governed by the laws of the United States of America and the State of
Texas, as such laws are now in effect.
710 Entire Agreement.. lIDS WRIIIEN AGREEMENT REPRESENTS THE FINAL
AGREEMENT BETWEEN THE PARIIES AND MAY NOr BE CONTRADICTED BY EVIDENCE OF PRIOR.
CONTEMPORANEOUS. OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES.. THERE ARE NO
UNWRIIIEN ORAL AGREEMENIS BEIWEEN IHE PARTIES.
7.11 Ierm This Agreement shall be in force and effect num the date of execution
hereof for a term expiring on the date that the Developer Advances have been repaid in full, or
January 1 of the year' following the date the last assessment payment has been made in
accordance with the Pill Service and Assessment Plan and Assessment Roll(s)..
7..12 Time ofthe essence. Time is of the essence with respect to the obligations of the
Parties to this Agreement.
'7.13 Approval bv the Patties. Whenever' this Agreement requires or permits approval
or consent to be her'eafter given by any of the parties, the parties agree that such approval or
consent shall not be unreasonably conditioned, withheld or delayed..
7..14 Counterparts.. This Agreement may be executed in multiple counterparts, each of
LaPorte _PID _Development Agreement
8
which when so executed and delivered shall be deemed an original, but such counterparts
together shall constitute but one and the same instrument..
7..15 Legal costs. If any Party hereto is the prevailing patty in any legal proceedings
against another Party brought under or with relation to this Agreement, such prevailing Party
shall additionally be entitled to recover court costs and reasonable attorneys' fees from the non-
prevailing Party to such proceedings,
7..16 Further assurances.. Each Party hereby agrees that it will take all actions and
execute all documents necessary to fully carry out the purposes and intent of this Agreement.
[EXECUTION PAGE FOLLOWS]
LaPorte]rD_Development Agreement 9
IN WlTNESS WHEREOF, the parties heleto have caused this instrument to be duly
executed as of ,2006
LaPorte _PID _Development Agreement 10
~~~~
Name, ".
Title: .
65 LA PORTE, LTD.
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J ogarty
'Ie: PRa'~/PGH:r
\!,
Exhibit A
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laPorte]ID _Development Agreement
;0:
JJCHIII/T
PROPOSED PUBUC .MPROVEMiNT DISTRICT NO. 1
CITY. OF LA PORTE
f 68.45 ACRES
.
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II
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Exhibit B
The PIO Improvements
pf(~iect EStimated Cost PID Reimbursement (35%)
Site Preparation $479,886 $167,960
Water lines $452,352 $158,323
Sanitary Sewer $963,157 $337,105
Storm Sewer $1,557,746 $545,211
.
NPDESlErosion Control $274,771 $96,170
Contingencies (15%) $559,187 $195,7]5
Engineering (15%) $643,065 $225,073
PID Creation Costs $30,000 $30,000 (100%)
TOTAL $4,960,164 $1,755,557
LaPorte]ID _ Deve.lopment Agreemlmt
12
11
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: Januarv 28.2008
Requested By: Wayne J. SaP( 'A~
I v- J -
Department: Plannin2:
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item:
GEN957
015-9892-957 -11 00
$135,000
$133.210
NO
Report:
X Resolution: _ Ordinance:__
Exhibits: Scope of Work
Schedule of Fees
Contract
SUMMARY & RECOMMENDATION
Staff was directed by the Flooding and Drainage Committee to solicit Requests for Qualifications from Engineering
firms to perform a City-wide Drainage Study (including short and long term projects) as part of the ongoing review
of recent flooding issues within the City. The request drew proposals from eleven qualified firms. A review
committee composed of John Joems (Assistant City Manager), Steve Gillett (Director of Public Works), Wayne
Sabo (Director of Planning) and Rodney Slaton (City Engineer) performed an initial analysis on December 11,
2007, to hone the field down to the top 5 respondents-Dannenbaum, Jacobs Carter Burgess, Klotz, Claunch &
Miller and URS Engineering. The committee met again on December 13, 2007, and using a weighted factor
system established Klotz as the top responder. The Flooding and Drainage Committee, at their January 7, 2008,
meeting directed Staff to forward the Committee's recommendation to Council that Klotz Associates be retained for
the project.
After several coordination meetings with the City, Klotz submitted a draft Scope of Work and Schedule of Fees on
January 17, 2008. A review of the Scope indicates that the project encompasses the goals and objectives
established by the Flooding and Drainage Committee. A final coordination meeting was held on January 18, 2008
to refine the Scope and Schedule of Fees which are attached to this agenda request. After due diligence, Staff is
recommending for Council consideration, the approval of the Scope of Work and Schedule of Fees in the amount of
$113,210 for the study and not to exceed $20,000 for survey work as needed for a total budgeted amount of
$133,210. A breakdown by task for the base fee schedule is as follows:
Phase I Assessment of Drainage and Flooding Problems $20,890
Phase 2 Drainage and Flooding Problem Detailing $33,825
Phase 3 Field Survey not part of basic fees (see additional services) $0
Phase 4 Develop City-Wide Drainage Study $50,185
Phase 5 Review F216 Detention basin design $3,960
Expenses Report Printing and misc. expenses $4,350
TOTAL $113,210
blic hearing is not required.
Acti n Required by Council: DIrect t e CIty Manager to execute an agreement
Ass iates to conduct a City-wide Drainage Study in the amount of$133,210.
Ron Bottoms, City Manager
k lot z 4~_ ass 0 cia t e s
1160 Dairy Ashford, Suite 500
Houston, Texas 77079
T 281.589.7257 F 281.589.7309
houston.office@klotz.com
January 18, 2008
Mr. Ron Bottoms
City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
Re: City- Wide Drainage Study Revised Scope of Services
Dear Mr. Gillett:
Klotz Associates is pleased to submit this proposal for professional engineering services for the
City- Wide Drainage Study (CWDS) for the City of La Porte. The following describes our
proposed scope of work.
UNDERSTANDING OF THE PROJECT
OBJECTIVES
The City-Wide Drainage Study to be developed for La Porte (City) is to provide a plan for the
City which will achieve the following:
· Provide a plan by which existing and anticipated drainage and flooding problems can be
quantitatively described and conceptual solutions developed including more immediate
short-term solution and then long-term solutions.
· Describe existing and anticipated drainage and flooding problems.
· Determine City and public concerns and goals that should be recognized in developing
solutions to existing and anticipated drainage and flooding problems.
· Develop conceptual short-term and long-term solutions for prioritized problems and
identify costs and issues for their implementation.
SCOPE OF SERVICES
Klotz Associates proposes to provide services in phases in order to achieve a focus upon critical
issues of concern to the City and provide cost-effective preparation of a CWDS for the City.
These phases and the tasks composing these phases are as follows:
k lot z f~. ass 0 cia t e s
Mr. Ron Bottoms
January 18, 2008
Page 2 of 13
PHASE 1:
ASSESSMENT OF DRAINAGE AND FLOODING PROBLEMS
This phase shall identify key drainage and flooding issues, provide a broad-based assessment of
what can be done to address these issues, and define the focus for more detailed evaluation that
should be undertaken to formulate a CWDS that meets the goals of the City.
Task 1.1
Collect Key Data for Characterizing Existing and Anticipate Problems
Meet with knowledgeable City personnel and obtain their insights to current and anticipated
critical drainage and flooding problems. Collect from the City existing data such as prior
drainage reports, maps, repetitive loss information, and current and likely future land use data the
City may have on drainage and flooding problems pertinent to current and anticipated critical
drainage and flooding problems. Collect pertinent available drainage, flood control, and
drainage planning reports and documents from Harris County Flood Control District, Harris
County, the City, TXDOT, and the USACE. Obtain from City and/or FEMA latest floodplain or
similar flood related map data. Collect available information on floodplain limits as defined in
FEMA or other similar pertinent studies. Develop preliminary information to assess
improvements which may have affected 2007 floodplain delineations. Review collected
information and identify pertinent data about drainage and flooding in the City for use in the
modeling and identification of surveying needs.
Task 1.2
Describe Watershed and Drainage System
Obtain latest available information describing topographic and hydrographic information in the
City, including LiDAR data (as available). Use collected information (Task 1.1) to develop
map(s) defining watersheds and primary hydrographic features in the City.
Task 1.3
Site Visits
Conduct site visit to better understand drainage conditions in the City and clarify, as necessary
and possible, information in collected data (Tasks 1.1 and 1.2) upon drainage conditions and
other prior information on drainage and flood conditions. Document observations with site
photos.
Task 1.4
Assemble Collected Key Data
Assemble collected data:
· A map from which data can be viewed and planning purposes. Work with the GIS data
from the City and map current watersheds using ESRI fonnat.
k lot z 4~. ass 0 cia t e s
Mr. Ron Bottoms
January 18, 2008
Page 3 of13
· Description of City watershed and surface drainage system.
. Maps of currently defined floodplains.
· Digital data such as channel sections, profiles and topography from various sources.
. Listing of collected documents.
· Important photos of field conditions.
· Identify ownership and maintenance responsibilities for major channels.
· Review existing city policies and standards and recommend changes.
· Perform assessment of the current drainage and flood control conditions and issues using
the collected available data.
Task 1.5
Assessment of Existing and Anticipated Problems
Review collected information. Identify and describe the key drainage and flood problem
characteristics that can be deduced from collected information.
Task 1.6
Document Data Collected
Document the collected data including the characteristics of existing and anticipated problem
areas.
Task 1.7
Project Management of Phase 1
Provide administrative and management activities necessary for successful and orderly execution
of project work for this phase; report upon work progress to the City; and guide and focus project
activities to achieve project objectives. Weekly project status reports will be emailed to the City
and monthly invoices will include status reports.
Task 1. 7 Products:
A draft letter report (Report #1) for the completion of the elements of Phase 1 including Tasks
1.1 through Tasks 1.7 will be submitted to the City for review within 30 days from notice to
proceed.
PHASE 2: DRAINAGE AND FLOODING PROBLEM DETAILING
The purpose of this phase is provide a quantitatively based description of existing and anticipated
drainage and flooding problems selected for detailed focus in Phase 1 and to propose short-term
solutions to problems.
k lot z 4~. ass 0 cia t e 5
Mr. Ron Bottoms
January 18, 2008
Page 4 of 13
Task 2.1
Obtain Hydrologic and Hydraulic Data and Hydraulic Models
Obtain Hydrologic Data. Identify and obtain pertinent rainfall-runoff data suitable for planning
analyses sufficient to describe rainfall events with 10-,50-, 100-, and SOO-year recurrence
intervals.
Obtain and Screen Existing Pertinent Hydrologic and Hydraulic Models. Identify and obtain
information about available existing hydrologic models (HEC-l and HEC-HMS) and hydraulic
models (HEC-2 and HEC-RAS) for the City watercourses which may not have been already
obtained from the City as part of Phase 1. Review and screen models to determine if they would
be suitable and useable for CWDS develop. A map-based identification of the models which are
judged pertinent to the project and are executable will be developed.
Assemble Data. Incorporate supplemental data into listing of data created in Phase 1.
Task 2.1 Products:
. Summary descriptions of additional collected data,
. Text and/or map-based description of flood modeling information and models found
pertinent for use in CWDS development.
Task 2.2
Describe Existing Flooding Conditions and Problems
Review Prior Models. Review results of model screening of Task 2.1. Select models that are
appropriate for describing current flooding conditions in areas where significant flooding
problems existing and flooding problems require resolution. Make trial executions of the models
to assess their results and model suitability for planning. Make final selection of models which
will be suitable for CWDS development.
Task 2.3
Propose short-term solutions to problems
Review the available models/data and other information to propose short-term solutions.
Using the available hydrologic and hydraulic models in concert with the input from City staff,
staff previous recommendations~ from a review of the flooding complaints and of the repetitive
loss properties make recommendations to address short-term solutions.
k lot z 4~. ass 0 cia t e s
Mr. Ron Bottoms
January 18,2008
Page 5 of 13
Task 2.3 Products:
A draft letter report (Report #2) for the completion of the some of the elements of Phase 2
including Tasks 2.1 through Tasks 2.3 will be submitted to the City for review within 45 days
after approval of Report #1.
Task 2.4:
Communicate Issues to Council and Flooding and Drainage Committee
Refine Preliminary Identification of Problems and Issues. Discuss the identification of drainage-
related problems and concerns developed in Tasks 2.2 and 2.3 with City. Refine information to
be presented. Assist the City in preparing an agenda for the meeting (City to arrange logistics of
meeting). Prepare exhibits and handouts for meeting.
Conduct Meeting: Meet with Council and Flooding and Drainage Committee and present the
preliminary identification of problems and issues. Receive additional information from the
Councilor Committee on identified or previously unidentified problems and issues; and receive
comment on what they would like to see as solutions to the problems.
Document Meeting Results: Prepare summary of meeting, items of discussion, problems
identified, and solutions proposed. Forward the summary to the City for their review and
comment. Incorporate City review comments in identification of issues and problems.
Task 2.4 Products:
. Summary of committee meeting and listing of problems, issues, and concerns raised
and/or discussed and/or identified during or as a consequence of the meeting.
Task 2.5
Upgrade Existing Hydrologic and Hydraulic Models.
Upgrade Existing Hydrologic and Hydraulic Models. Based upon review of prior models and
data collected in Phase 1, identify needed critical upgrades to existing models. Make upgrade as
necessary using field data (see Task 2.6) and field inspection. Document the upgrades. If
critical hydraulic and/or hydrologic models are not currently available, prepare new planning
level hydraulic and/or hydrologic models or calculation procedures as necessary for planning
purposes.
Refine Description of Current Drainage and Flooding Conditions. Use existing or upgraded
models along with supplementary computations to refine identification of existing runoff and
flood discharge conditions. Assess flood discharge capacities, overflows, and discharge
k lot z .~~ ass 0 cia t e s
Mr. Ron Bottoms
January 18, 2008
Page 6 of 13
impediments to identifY where conceptual drainage problems solutions may be needed.
Professional judgment will be used to determine the degree of detail in making these evaluations.
Refine Description of Future Potential Drainage and Flooding Problems. Assess potential
growth of City and apply engineering judgment to identify likely problems assuming no
significant change in drainage system capabilities, using the following procedures:
. Discussion with knowledgeable City personnel or other govenunental agencies suggested
by the City or which may be suggested by information developed in Task 1.1.
. Assessment of the identification of existing drainage and flooding problems and their
implications for future drainage conditions.
. Estimate of future land use conditions arising from land development and infill.
. Assessment of implications of development of future transportation systems and
improvements.
. Selected execution of hydraulic models modified to reflect likely possible future
conditions.
. Performing supplemental hydrologic and hydraulic calculations as necessary and
appropriate.
Task 2.5 Products:
. Map-based description (incorporating hydraulic modeling results) of current critical
flooding conditions or identified drainage problems.
. A summary discussion and tabulation of identified critical or key drainage problems and
issues, for both current and future conditions.
Task 2.6
Plan for Field Survey
Evaluate Field Survey Needs. Identify field survey data needs in view of initially assembled
information and the anticipated character of analyses needed to identify existing and future
drainage and flooding problems. The definition of survey needs will recognize the planning
level character of the project, and is not intended to provide a basis for detailed design. Survey
data will be collected only in areas where data is needed but is insufficient to perform planning
level analyses to assess flooding and surface drainage problems. For modeling purposes,
existing model data will be used unless there is question in the validity of the model data and
confirmation of field conditions is needed for execution of a model in a particular area.
Prescribe Field Survey Scope. In light of survey needs, provide to the selected surveyor detailed
information on survey and needed information. Specify the level of detail that is needed,
k lot z 4~. ass 0 cia t e s
Mr. Ron Bottoms
January 18, 2008
Page 7 of 13
recognizing the planning level character of the intended use of the collected data. Describe
and/or determine the format in which survey information is to be provided, and associated
potential documentation of survey activities and location. Describe and/or determine procedures
for checking of data.
Task 2.6 Products:
. Scope of work for Field Surveyor Sub-consultant.
Task 2.7
Project Management of Phase 2
Provide administrative and management activities necessary for successful and orderly execution
of project work for this phase; report upon work progress to the City; and guide and focus project
activities to achieve project objectives. Weekly project status reports will be emailed to the City
and monthly invoices will include status reports.
PHASE 3:
CONDUCT FIELD SURVEY IN SUPPORT OF PHASE 2
The purpose of this phase is to obtain field data important to describing hydraulic conditions to
be evaluated as part of Phase 2.
Task 3.1
Perform Field Survey
Perform Field Survey. Select field surveyor and conduct field survey in accord with scope
defined in Phase 2. Collected data are to be input to electronic files and checked for validity.
Map Documentation. The detail survey work shall be also described in an overview map
showing watercourse surveyed extent of survey, structures surveyed, and location of surveyed
cross sections along waterways and conveyances.
Task 3.1 Products:
. Electronic data files of field survey data.
. Map summarizing field survey data collection.
PHASE 4
DEVELOP CITY-WIDE DRAINAGE STUDY
The purpose of this phase is to use the evaluation of existing and proposed drainage and flooding
problems developed in prior phases to identify, describe and prioritize conceptual solutions for
resolving such problems.
k lot z 4~. ass 0 cia t e s
Mr. Ron Bottoms
January 18, 2008
Page 8 of 13
Task 4.1:
Define Standards and Criteria Needed for Development of CWDS
Make review of and Identify Criteria. Review criteria and standards used in the City, Harris
County, and adjacent communities to provide an overview of criteria and standards which could
be used in defining basic features for CWDS projects and improvements. Select key criteria for
use in developing actual plan.
Task 4.1 Products:
. List with summary descriptions of key criteria and/or standards to be used in developing
conceptual solutions to the City drainage and flood control problems.
Task 4.2
Prioritize Drainage and Flood Control Problems
Identify Parameters for Prioritization. Identify potential parameters and procedures to prioritize
problems for resolution. Describe how the parameters are to be used to determine prioritization.
Meet with City to describe and refine parameters to utilize.
Prioritize Problems for Resolution. Apply parameters to potential drainage and flooding
problems to develop a recommended prioritization of current and future problems for which
conceptual solutions are to be developed. The conceptual solutions will include short-term
solutions for immediate items and then long-term solutions. Incorporate citizen input obtained in
meeting into prioritization.
Refine Prioritization. Hold meeting with City Council to review prioritization and make final
determination of priority drainage and flooding problems.
Task 4.2 Products:
. List of preferred parameters for defining priority of problems.
. Description of prioritization method.
. Prioritized list of drainage and flooding problems for short-term solutions and for long-
term solutions.
Task 4.3
Develop Conceptual Solutions to High Priority Problems
Define High Priority Problems. In consultation with the City, select a set of the prioritized
problems identified Phase 2. Short-term solutions have been proposed as Task 2.3. Develop
long-term solutions that would include at least 4 primary problems but no more than 5 primary
problems. It is anticipated that the selected subset will include the following: I) flooding along
k lot z 4~. ass 0 cia t e s
Mr. Ron Bottoms
January 18,2008
Page 9 of 13
Little Cedar Bayou, 2) flooding along B106-00-00, 3) flooding along BI12-00-00 3) flooding
along F10l-00-00 and 4) flooding issues along the Taylor Bayou watershed; changes in this list
may be made as part of this task.
Identify Conceptual Options: For each of the problems to be addressed (as determined in the
preceding activity), identify at least two but no more than three conceptual solution options.
Options could include physical options such as regional detention, channel widening, and
constriction removal; and/or institutional options such as changes in drainage design criteria or
property acquisition. Options could incorporate potentials for multi-uses for community amenity
purposes. Document the options in terms of general characteristics, preliminary costs, and
physical and institutional feasibility. The results of the evaluations will be informally presented
to the City for their review and consideration. Evaluation of effectiveness of a conceptual
solution will utilize hydrologic and/or hydraulic modeling as may be judged necessary by the
Consultant.
Recommended Solutions: Based upon evaluation of the selected conceptual options identified
discussed in consultation with the City, recommendations for drainage facilities and
infrastructure will be made.
Task 4.3 Products:
. List of prioritized problems for which conceptual solutions are to be developed.
. List and summary description of options considered.
. Tabulation of option costs and implementation issues.
. Summary of evaluation results of options.
. Recommendations for drainage facilities and infrastructure.
Task 4.4
Identify Funding Sources
Task Purpose: Identify funding sources that are available including grants, low interest rate
loans, and other sources such as City funding, funding from Harris County Flood Control,
funding from Harris County or funding from others. Document results of identified funding
sources.
Prepare Document. Prepare a document to be included in the report that documents the results
of the identification of funding sources.
A draft letter report (Report #3) for the completion of the some of the elements of Phase 4
including Tasks 4.1 through Tasks 4.4 will be submitted to the City for review within 90 days
after approval of Report #2.
k lot z 4~. ass 0 cia t e s
Mr. Ron Bottoms
January 18, 2008
Page 10 of 13
Task 4.5
CWDS Report
Task Purpose: Prepare a report that documents the information base developed for the CWDS,
describes identified drainage and flood control problems; describes the prioritization of problems
for resolution; and recommends and describes solutions to address key drainage and flood
control problems, as follows:
Identify Key Issues for Report. Prepare a detailed outline of the project report, and discuss with
the City; refine outline as made be necessary.
Prepare Draft Report. Prepare a draft report and provide five copies to the City. The report
will include text and appropriate figures, tables, and exhibits. The draft report is tentatively
anticipated to include scope and purposes of the CWDS, discussion of the methods and
procedures used in developing the CWDS, description in text and graphical format of drainage
and flooding problems; procedures for prioritizing problems; description of conceptual solutions,
with estimated costs for implementation; and recommendations for implementation of high
priority solutions.
The draft City. Wide Drainage Study report (Report #4) for the completion of the some of the
elements of Phase 4 including all of the Phases will be submitted to the City for review within 30
days after approval of Report #3.
Receive Review Comments from City. The review period will be a maximum of three weeks.
Comments requiring revision received after this time will be considered out of scope.
Prepare Final Report. Upon receipt of all comments, initiate revision to report as necessary. If
various comments are in conflict, resolve in consultation with the Director of Public Works, City
Manager and City Engineer. Revision will be accomplished within four weeks. Five copies of
the final CWDS report will be provided to the City.
Provide Electronic Files. CDs containing the electronic data files developed in the project will
be provided to the City. The electronic files will include information for those hydrologic and/or
hydraulic models used to provide assessment of current and future flooding problems or
concerns, including 1) inputs and outputs to HEC-HMS and HEC-RAS model runs; 2) computed
water surface profiles along modeled channels; 3) PDF copies of drainage maps depicting
watersheds and channel alignments; 4) PDF copy of the CWDS project report.
k lot z 4~. ass 0 cia t e s
Mr. Ron Bottoms
January 18, 2008
Page 11 of 13
Make Formal Presentation ofCWDS. At a time and place specified by the City, Klotz
Associates will make a public presentation of the key findings and recommendations of the
CWDS report to the City. Development of the details of the presentation will be made in
consultation with the Director of Public Works, City Manager and City Engineer.
Task 4.5 Products:
· Draft CWDS Report Outline
· Draft Report (5 copies)
· Final Report (5 copies)
· Presentation of CWDS to City. (1 verbal presentation)
Task 4.6:
Project Management of Phase 4
Provide administrative and management activities necessary for successful and orderly execution
of project work for this phase; report upon work to the City; and guide and focus project
activities to achieve project objectives. Weekly project status reports will be emailed to the City
and monthly invoices will include status reports.
PHASE 5
OTHER ITEMS
Task 5.1:
Review Design of the F216-00-00 Designed Detention Basin
Make review of and recommend refinement or changes to detention basin. Review the F216-00-
00 designed detention basin. Recommend applicable changes or refinement to the basin design.
Review possible phasing of the detention basin.
Task 5.1 Products:
· Letter documenting the review of the detention basin design along, recommendations on
changes or refinements to the design and possible phasing of the construction of the
basin. This review is to be conducted within 60 days from notice to proceed.
TERMS
We propose to perform the engineering services described above on a lump sum basis except for
the surveying that will be subcontracted and costs will be determined at that time. We have
estimated the surveying fees and listed below under additional services.
k lot z 4~~ ass 0 cia t e s
Mr. Ron Bottoms
January 18, 2008
Page 12 of 13
FEES
The following costs are not-to-exceed amounts for each Task.
Basic Services
Phase 1 Assessment of Drainage and Flooding Problems I $20,890.00
Phase 2 Drainage and Flooding Problem Detailing $33,825.00
Phase 3 Field Survey not part of basic fees (see Additional $ 0.00
Services)
Phase 4 Develop City-Wide Drainage Study $50,185.00
Phase 5 Review F216 Detention Basin Design $3,960.00
Expenses Report Printing and Misc. Expenses $4,350.00
TOTAL $113,210.00
Additional Services
Survey will be needed, but the scope of the survey will not be known until Phase 1 - Assessment
of drainage and flooding problems is complete. The scope of the survey will be defined in Phase
2 - Drainage and flooding problem detailing. Until that scope is determined, the fee for that task
is not set.
However, we estimate that the field survey costs will not exceed $20,000.00, and we recommend
that funds be initially set aside for this amount. This amount is included in the contract amount,
and it will not be authorized until written approval for the survey is provided by the City.
SCHEDULE
Upon receiving notice to proceed, the pre-final submittal will be completed to present to the City
in accordance with the time schedules are listed in this scope of work. See Tasks 1.7,2.3,4.4,
4.5 and 5.1. The schedules listed are consistent with the original City request.
k lot z 4~. ass 0 cia t e s
Mr. Ron Bottoms
January 18, 2008
Page 13 of 13
CLOSING
If this proposal meets with your approval, please sign both of the attached contracts and return
one to Klotz Associates. Please do not hesitate to contact Bob L. Johnson, P.E. or me if you
have any questions or would like to discuss any aspect of this proposal.
Sincerely,
J~l~
Gary L. Struzick, P .E., CFM
Vice President
GLS:ng
Attachments
Cc: Mr. Wayne Sabo, City of La Porte
Mr. Rodney Slaton, P .E., City of La Porte
~. r.:
Houra br T_1rILMor eat.gory
CIty-WIdt Drllnage Study far thI City of La Porte Ie lot z tal ass 0 cia t e s
January 17. 2008
I ...LIoI
1. ASSUSIIENT Of PROILEIIS
I~I
171
TOTAL
I
PaO.J
MANAGER
BJtS
~,; I
tM
ENGlt
os
I~
BJtS
PROJECT MANAGEMENT \.00 1.00 3.00 3.00 '.00 $2.020.00
DATA COLLECTiON 2.00 3.00 6.00 11.00 $1,.655.00
~TERSHED AND DRAINAGE CEllNEATION . 2.00 2.00 4.00 8.00 51,110.00
SITE VISITS (ALSO FOR DATA oou.ECTION) 3.00 5.00 9.00 9.00 26.00 $4,370.00
.ASSEMBlE MTA BASES 1.00 4.00 6.00 11.00 51,540.00
ASSESSMENT 2.00 3.00 UIO 4.00 3.00 13.00 $2,435.00
IcIentify CMllIItIhip <<lCl maint8nance mponaibiities 0.50 2.00 8.00 $2..650.00
Review IIlCistillJ city poIic:ia and ___ and I8COft Irll8lIC1 ctlanGe& O.SO 4.00 4.00 $2,110.00
DOCUMENT FINDINGS 1.00 6.00 2.00 2.00 2.00 13.00 52.780.00
I TOI8I HoIn fgr 1. ASSESSMENT OF PROBlEMS 2.00 13.00 34.00 &.00 24.00 30.00 80.00 $20..190.00
2. DRAINAGE AND R.OODING PROBLEM DETAILING
PROJECT MANAGEMENT I I 4 8 I I 16.00 . $3.710.00
COLLECT H&H DATA AND HYRAUUC MODELS
OBTAIN H&H DATA 4 4.00 SSOO.OO
GET FEMA (OR SIMILAR) MODELS 2 2 & 12.00 $1.710.00
DESCRIBE FLOODING CONDITIONS
REVIEW PRIOR MOoas t 2 9 12.00 $1.97S.00
UPGRADEJMAKE NEWMODELS 2 4 12 36 54.00 $7,640.00
DESCRIBE EXISTING PROBLEMS US1NG MODELS I 4 3 4 12.00 $2.16S.00
DESCRIBE FUTURe PROaEMS USING MODELS 2 4 3 4 13.00 S2.42S.00
PlAN FOR FIELD SURVEY I 2 \ 3 7.00 $1.415.00
COMMUNICATE ISSUES TO COMMITTEEJID THEIR CONCERNS
Make prelim ID (t probIemsltaml'lliltee meeting 2.00 3.00 3.00 2.00 6.00 Hi.DO $3.300.00
Prep for ClOlItICiI or alRImittee meeting 4.00 5.00 4.00 9.00 22.00 $4,SOS.OO
Document I'8Wbs 1.00 3.00 1.00 ..00 9.00 $1.760.00
PLAN FOR SURVEYv.oRK
EVALUATE NEeOS 1.00 2.00 3.00 6.00 SI.HiS.OO
SCOPE W)RJ( 2.00 1.00 3.00 1635.00
COORDINATE AND CHECK WJRJ( 1.00 4.00 S.OO sm.OO
ToCBI Hours tlr 2. DRAINAGE MD FlOOOING PROBLEM DETAlUNG 3.00 17.00 38..00 18.00 50.00 87.00 19'.00 m.l2S.oo
3 PERFORM FlELDWORK-SEE ADDITIONAL SBMCES
4 DEVELOP CITY.WIDE DRAINAGE $1\IDY
PROJECT MANAGEMENT r 2 I 3 I 8 4 I I 17.00 I S4,300.oo
nl"Vli'l np r.Q~1:I14 A4~I~ I I I r
This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or
modification. This document should be adapted to the particular circumstances of the contemplated Project and the
Controlling Law.
SHORT FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly by
.~..._ -M'A
II National Society of .Slltr Am~r~can S.oc;ety
Professional Engineers@ iiI "Iii of CIvil Engmeers
PRO ONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NA TIONAL SOCIETY OF PROFESSIONAL ENGINEERS
ACEC
.\"...ItI',A~ "Ul''''CU. 4H: f-"i';l"H>>J"':'t~ C:t\u..,~u,.
AMERICAN COUNCIL OF ENGINEERING COMPANIES
AMERICAN SOCIETY OF CIVIL ENGINEERS
This Agreement has been prepared for use with the Standard General Conditions of the Construction Contract (No. C- 700,
2002 Edition) of the Engineers Joint Contract Documents Committee. Their provisions are interrelated, and a change in one
may necessitate a change in the other.
EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services
Copyright () 2002 National Society o(Professional Engineers for EJCDC. All rights reserved.
SHORT FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT effective as of
("Effective Date") between
("Owner")
City of La Porte
and Klotz Associates, Inc.
("Engineer")
("Project").
Engineer's Services.
Description of Engineer's Services: Appendix number 1 to the agreement is the scope of work that identifies the
City wide drainage study
Engineer agrees to provide the services described below to Owner for
Owner and Engineer further agree as follows:
1.01 Basic Agreement
A. Engineer shall provide, or cause to be provided,
the services set forth in this Agreement, and Owner shall
pay Engineer for such Services as set forth in
Paragraph 9.01.
2.01 Payment Procedures
A. Preparation of Invoices. Engineer will prepare
a monthly invoice in accordance with Engineer's standard
invoicing practices and submit the invoice to Owner.
B. Payment of Invoices. Invoices are due and
payable within 30 days of receipt. If Owner fails to make
any payment due Engineer for services and expenses
within 30 days after receipt of Engineer's invoice, the
amounts due Engineer will be increased at the rate of
1.0% per month (or the maximum rate of interest
permitted by law, if less) from said thirtieth day. In
addition, Engineer may, without liability, after giving
seven days written notice to Owner, suspend services
under this Agreement until Engineer has been paid in full
all amounts due for services, expenses, and other related
charges. Payments will be credited first to interest and
then to principal.
3.01 Additional Services
A. If authorized by Owner, or if required because
of changes in the Project, Engineer shall furnish services
in addition to those set forth above.
B. Owner shall pay Engineer for such additional
services as follows: For additional services of Engineer's
employees engaged directly on the Project an amount
equal to the cumulative hours charged to the Project by
each class of Engineer's employees times standard hourly
rates for each applicable billing class; plus reimbursable
expenses and Engineer's consultants' charges, if any.
4.01 Termination
A. The obligation to provide further services under
this Agreement may be terminated:
1. For cause,
a. By either party upon 30 days written
notice in the event of substantial failure by the
other party to perform in accordance with the
Agreement's terms through no fault of the
terminating party.
b. By Engineer:
1) upon seven days written notice
if Engineer believes that Engineer is
being requested by Owner to furnish or
perform services contrary to Engineer's
responsibilities as a licensed professional;
lof4
EJCDC E-S20 Short Form of Agreement Between Owner and Engineer for ProCessional Services
Copyright ~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
or
2) upon seven days written notice
if the Engineer's services for the Project
are delayed or suspended for more than
90 days for reasons beyond Engineer's
control.
3) Engineer shall have no liability
to Owner on account of such termination.
c. Notwithstanding the foregoing, this
Agreement will not terminate as a result of a
substantial failure under paragraph 4.0 I.A.I.a
if the party receiving such notice begins, within
seven days of receipt of such notice, to correct
its failure and proceeds diligently to cure such
failure within no more than 30 days of receipt
of notice; provided, however, that if and to the
extent such substantial failure cannot be
reasonably cured within such 30 day period,
and if such party has diligently attempted to
cure the same and thereafter continues
diligently to cure the same, then the cure period
provided for herein shall extend up to, but in
no case more than, 60 days after the date of
receipt of the notice.
2. For convenience, by Owner effective upon the
receipt of notice by Engineer.
B. The terminating party under paragraphs
4.0 l.A.1 or 4.0 l.A.2 may set the effective date of
termination at a time up to 30 days later than otherwise
provided to allow Engineer to demobilize personnel and
equipment from the Project site, to complete tasks whose
value would otherwise be lost, to prepare notes as to the
status of completed and uncompleted tasks, and to
assemble Project materials in orderly files.
5.01 Controlling Law
A. This Agreement is to be governed by the law of
the state in which the Project is located.
6.01 Successors, Assigns, and Beneficiaries
A. Owner and Engineer each is hereby bound and
the partners, successors, executors, administrators, and
legal representatives of Owner and Engineer (and to the
extent permitted by paragraph 6.0l.B the assigns of
Owner and Engineer) are hereby bound to the other party
to this Agreement and to the partners, successors,
executors, administrators, and legal representatives (and
said assigns) of such other party, in respect of all
covenants, agreements, and obligations of this
Agreement.
B. Neither Owner nor Engineer may assign, sublet,
or transfer any rights under or interest (including, but
without limitation, moneys that are due or may become
due) in this Agreement without the written consent of the
other, except to the extent that any assignment, subletting,
or transfer is mandated or restricted by law. Unless
specifically stated to the contrary in any written consent
to an assignment, no assignment will release or discharge
the assignor from any duty or responsibility under this
Agreement.
7.01 General Considerations
A. The standard of care for all professional
engineering and related services performed or furnished
by Engineer under this Agreement will be the care and
skill ordinarily used by members of the subject profession
practicing under similar circumstances at the same time
and in the same locality. Engineer makes no warranties,
express or implied, under this Agreement or otherwise, in
connection with Engineer's services. Engineer and its
consultants may use or rely upon the design services of
others, including, but not limited to, contractors,
manufacturers, and suppliers.
B. Engineer shall not at any time supervise, direct,
ar hay!! Elontrol aver any GaRtraEltor's work, nor shall
ERgiR!!er have 8l:ltharity over ar responsibility fur the
means, methads, techniques, seqlieflces, ar procedllres of
constructiaR selected or Hsed by any can tractor, for safety
precalitians aflo programs incident to a contractor's work
pragress, nor for aRY faill:lre af any cantraetor to comply
withls",s anEl regl!lations applicable ta cantractor's work.
C. Engineer neither guarantees the performanee of
any can tractor nor aSSl:lmes responsibility f~r any
cantractor's failure ta furniSH and perfarm its work in
accordaRce with the contract between Own!!r and such
contractar.
D. Engineer shall not be respoRsible fur the aElts
or omissioRS €If any cantractor, subcontractor, €II' supplier,
or of aRY ceRtractar's agents or employees ar any other
persons (except Engineer's awn employees) at the Project
site ar otherwise furnishing or ('>erfarming any of
constmctieR Y.'ar-k; or for any decision made OR
intefJlretations or oIarifieatiens of the cORstructien
caatFact gi',en by O'Nner witho\;lt consultation and advice
of Engineer.
E. The general canditions for any eellstruGtioo
can tract documents prepared hereunder are ta be the
"Standard General Conditions of the Canstmction
Contract" a& prepared by the Engineers Joint CORtraet
Documents Cammittee 01a. C 700,2002 Editie").
F. All design documents prepared or furnished by
Engineer are instruments of service, and Engineer retains
an ownership and property interest (including the
copyright and the right of reuse) in such documents,
whether or not the Project is completed.
20C4
EJCDC E-520 Short Form oC Agreement Between Owner and Engineer Cor ProCessional Servi(es
Copyright 10 2002 National Society of Professional Engineers for EJCDC. All rights reserved,
G. To the fullest extent permitted by law, Owner
and Engineer (1) waive against each other, and the other's
employees, officers, directors, agents, insurers, partners,
and consultants, any and all claims for or entitlement to
special, incidental, indirect, or consequential damages
arising out of, resulting from, or in any way related to the
Project, and (2) agree that Engineer's total liability to
Owner under this Agreement shall be limited to $50,000
or the total amount of compensation received by
Engineer, whichever is greater.
H. The parties acknowledge that Engineer's scope
of services does not include any services related to a
Hazardous Environmental Condition (the presence of
asbestos, PCBs, petroleum, hazardous substances or
waste, and radioactive materials). If Engineer or any other
party encounters a Hazardous Environmental Condition,
Engineer may, at its option and without liability for
consequential or any other damages, suspend performance
of services on the portion of the Project affected thereby
until Owner: (i) retains appropriate specialist consultants
or contractors to identifY and, as appropriate, abate,
remediate, or remove the Hazardous Environmental
Condition; and (ii) warrants that the Site is in full
compliance with applicable Laws and Regulations.
8.01 Total Agreement
A. This Agreement (consisting of pages I to 4
inclusive together with any expressly incorporated
appendix), constitutes the entire agreement between
Owner and Engineer and supersedes all prior written or
oral understandings. This Agreement may only be
amended, supplemented, modified, or canceled by a duly
executed written instrument.
3of4
EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Servl~es
Copyright 10 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
9.01 Payment (Lump Sum Basis)
A. Using the procedures set forth in paragraph 2.01, Owner shall pay Engineer as follows:
1. A Lump Sum amount of $
133,210.00
B. The Engineer's e9mpeasatioR is e0nditioned on the time ta eamp]ete eaRstructien n0t 811eeeding mooths.
Snol:lId the time to complete e9Rstruetion be extenaea beyond this periaa, total compeflsatien ta Engineer shall be
apprapriately adjusted.
HEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on
IN WI
page 1.
OWNER:
ENGINEER:
By:
\
c;.\ \M.rA -(
~ '
/-20 ~{)1
By:
Title:
Tit]e:
Vice - President
Date Signed:
Date Signed:
I - 2--1 -cJ 3'7
License or Certificate No. and State F-000929
Address for giving notices:
Address for giving notices:
1 ]60 Dairy Ashford, Suite 500
Houston, Texas 77079
40f4
(Lump Sum Basis)
EJCDC E-S20 Short Form of Agreement Between Owner and Engineer for Professional Servicts
Copyright () 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
k lot z 4~_ ass 0 cia t e 5
MAR 8 1 Z008
1160 Dairy Ashford, Suite 500
Houston, Texas 77079
T 281.589.7257 F 281.589.7309
houston. office@klotz.com
RECEiVED
March 21, 2008
Pl,: 3LiC VVORr(S
Mr. Ron Bottoms
City Manager
City of La Porte
604 West F airmont Parkway
La Porte, Texas 77571
Re: Scope of Work and Budget for Creekmont Park Drainage and Overflow Path
Short Term Project 2
Klotz Associates Project No. 0127.008.000
Dear Mr. Bottoms:
Klotz Associates is pleased to submit this proposal for professional engineering services for the
location and analysis ofthe Creekmont Park drainage and overflow path for Short Term Project
2. These services will be performed under the proposed attached General Services Agreement
(we will send our one page agreement for these services to you when the scope is agreed upon).
UNDERSTANDING OF THE PROJECT
The Creekmont Park drainage and overflow path Short Term Project 2 is proposed to be
constructed through Creekmont Park, south of H Street and west of Big Island Slough. Klotz
Associates will meet with City staff to obtain available data, conduct a preliminary analysis,
prepare up to three options of the drainage and overflow path, provide a construction cost
estimate and obtain approval of the drainage and overflow path location and layout. Design
plans and specifications are not included with this initial scope of work but a scope and budget
will be submitted to the City for approval once the alternative is agreed upon. It is anticipated
that the drainage and overflow path is to be located through Creekmont Park and outfall to H
Street or directly into Big Island Slough. It is proposed to be a drainage and overflow path to
serve the residents of Creekmont subdivision with the intent of reducing ponding in the streets
and homes. Listed below is the proposed scope of work for this Creekmont Park drainage and
overflow path for Short Term Project 2.
SCOPE OF SERVICES
Background Research
1. Review the plans provided by City Staff for pertinent information.
2. Review available hydrologic and hydraulic models or data for H Street near Big Island
Slough.
k lot z 4~. ass 0 cia t e s
Mr. Ron Bottom
March 21,2008
Page 2 of3
3. Review available topographic data.
4. Review utility information.
5. Meet with City staff to coordinate planned activities and discuss options available.
6. Visit with City Staff to collect plans, studies, and reports pertaining to the existing drainage
~~m. .
7. Field Investigation - Perform one site visit to areas to photograph and observe various
conditions.
Preliminary Overflow Path Layout
1. Create a conceptual drainage and overflow path layout including location, approximate size,
general dimensions, typical section, estimated capacity, thoughts on outfall structure, rough
construction cost estimate, and ideas on phased construction as a result of input from the City
and from the review of the available data. The conceptual overflow path layout will include
generalized plan views, cross sections, dimensions, capacity calculation and information on
the outfall structure.
2. Perform an impact analysis.
3. Provide a probable construction cost estimate.
4. Evaluated impacts and permits required.
5. Provide input on the impact to the Harris County Flood Control District on their facilities.
6. Provide initial concepts on identified utility conflicts.
7. Prepare a letter report documenting recommendations, preliminary details and initial cost
estimates.
8. Submit this preliminary layout and information to the City for comments.
9. Submit letter report in PDF format.
10. Address comments related to the draft report.
11. Obtain approval on the selected drainage and overflow path layout.
12. Submit the final report and all accompanying material in PDF format.
TERMS
We propose to perform the basin engineering services for the Creelanont Park drainage and
overflow path evaluation as described above on a lump sum basis in accordance with the terms
of the attached agreement. Two signed originals are enclosed (the contracts will be provided
once the scope is agreed upon).
BUDGET AND FEES
The basic engineering fee for this work is $8,200.00.
k lot z 4~. ass 0 cia t e 5
Mr. Ron Bottom
March 21, 2008
Page 3 of3
SCHEDULE
It is expected that the preliminary drainage analysis will be complete within three weeks from
authorization. We estimate a one week review time for review and comment on the submitted
letter report.
CLOSING
If this proposal meets with your approval, please sign the attached contracts and return one
original to Klotz Associates. We are prepared to proceed immediately. Please do not hesitate to
contact me if you have any questions or would like to discuss any aspect of this proposal.
SilelY't ~
Gary ~truZiCk, P.E., CFM
Vice President
GLS:ng
Attachment
k lot z 4~. ass 0 cia t e 5
LETTER OF AGREEMENT FOR CONSULTING SERVICES
This Agreement is made and entered into this Lth day of ~ ,2o()~ by and between Klotz Associates, Inc. of Harris County, Texas
(hereinafter called the "Engineer"), and the
CITY OF LA PORTE
(hereinafter called the "Client")
That whereas the Client has requested services of the Engineer in relation to:
CREEKMONT PARK DRAINAGE AND OVERFLOW PATH
SHORT TERM PROJECT 2
KLOTZ ASSOCIATES PROJECT NO. 0127.008.000
(SEE ATTACHED PROPOSAL LETTER DATED MARCH 21, 2008)
(herein called the "Project").
NOW, THEREFORE, the CLIENT and the ENGINEER, in consideration of the mutual covenants hereinafter set forth, agree as follows:
Upon receipt of the executed copy of this Agreement, the Engineer will perform services to provide the Client with the data, information or
opinion requested, proceed with the work as expeditiously as practical, inform the Client of any delays and provide the Client with a
minimum of two copies of the final product or findings.
The Client will place at the Engineer's disposal all available information pertinent to the Project including previous reports and any other
relative data and will arrange for and provide access to the Engineer, without liability of any nature to the Engineer except for Engineer's own
negligence, to enter upon public and private lands as required for the Engineer to perform his work under this Agreement.
Payments for services of the Engineer will be based on a fixed price of Eight Thousand Two Hundred Dollars ($8,200.00). Invoices will be
submitted monthly and will reflect the percentage of the project completed at the date of the invoice.
Reimbursable expenses shall mean the Engineer's actual expense of transportation and subsistence of principals, employees and consultants
when traveling in connection with the Project, consultant's fees, field office expenses, toll telephone calls and telegrams, reproduction of
reports, drawings and similar Project related items.
Payments for services, additional services and reimbursable expenses shall be made by the Client within thirty (30) days after receipt of
Engineer's invoice. All moneys not paid the Engineer when due, hereunder shall bear interest at 1.5% per month, calculated daily, on the
unpaid balance.
Termination of this Agreement prior to completion must be made in writing and may be made by either party. If this Agreement is terminated
at any time by either party, the Engineer shall be paid for services actually performed.
Client hereby agrees that Engineer's total liability to Client for injuries, claims, losses, expenses, or damages arising out of or related to the
Project or this Agreement shall not exceed the total compensation received by Engineer under this agreement. Client further agrees that
Engineer shall not be liable for any injuries, claims, losses, expenses, or damages, except to the extent of Engineer's own negligence or willful
misconduct.
All documents, including original drawings, estimates, specifications, field notes and data are and shall remain the property of the Engineer as
instruments of s ice. The Client may obtain a set of reproducibles.
epresents the entire agreement between Klotz Associates, Inc. and the Client and may be amended only by written
by bot parties. This Agreement shall be governed by the laws of the State of Texas.
j-"tJ -d6
Date
Rev. 06/07
k lot z 4~~ ass 0 cia t e 5
March 10, 2008
1160 Dairy Ashford, Suite 500
Houston, Texas 77079
T 281.589.7257 F 281.589.7309
houston.office@klotz.com
Mr. Ron Bottoms
City Manager
City of La Porte
604 W. Fairmont Parkway
La Porte, Texas 77571
RE: City of La Porte, Texas
City- Wide Drainage Study
Study Letter Report # 1
Klotz Associates Project No. 0127.008.000
Dear Mr. Bottoms:
Klotz Associates was authorized to proceed with a City-Wide Drainage Study (CWDS)
for the City of La Porte on January 28, 2008. Klotz Associates is pleased to submit this
letter report for the completion of Tasks 1.1 through 1.7 of Phase I as prescribed in the
contracted Scope of Work.
Purpose
The purpose of this letter report is to identify key drainage and flooding issues that arc
currently adversely affecting the City. These drainage and flooding problems were
identified through a process of data gathering, site visits, characterization and evaluation
of existing drainage, and identification of consequent drainage and flooding problems
that might be expected to occur in the future if not addressed by drainage improvements
or other corrective actions.
Studied Area
The studied area, located completely in Harris County, Texas, is the entire City of La
Porte (City). The City is located on the extreme east side of Harris County on the shores
of Galveston Bay (see Exhibit 1). The City is bounded by the City of Deer Park on the
west, State Highway 225 on the north, the community of Shore Acres and properties of
the Port of Houston on the south, and is bisected by State Highway 146 in a generally
north-south direction. The City's boundaries encompass approximately 19.7 square miles.
The City has a mixture of residential, industrial and commercial land uses. The area
between Fairmont Parkway and Spencer Highway is largely small lot residential areas
while some of the areas north of Spencer Highway are typical residential lot
developments and some area have large lot rural residential areas. Areas east of SH 146
include residential lot developments, commercial areas and industrial areas. Part of the
Mr. Ron Bottoms
March 10, 2008
Page 2 of 15
k lot z 4~~ ass 0 cia t e 5
city is drained by storm sewer drainage systems and part of the city is drained by open
ditch or roadside ditch drainage systems.
Much of the areas identified as prone to drainage or flooding conditions are older areas of
the City. These older areas were constructed to older standards and usually without much
consideration given to handling overland surface flows also called sheet flows. Newer
areas of the City generally have better drainage facilities.
The City outfalls into major watersheds including: Armand Bayou, Clear Creek, and
Lower San Jacinto/Galveston Bay (see Exhibit 2). The topography of the City is
generally flat and average about 24 feet above sea level (see Exhibit 3). Tidal variations
can significantly affect drainage in portions of the City.
The city 'has approximately 36.1 miles of Harris County Flood Control (HCFCD)
channels, and must comply with applicable drainage requirements established by rules
and regulations of the HCFCD for discharges to HCFCD ditches and channels. The City
has approximately 3 miles of coast contiguous to Galveston Bay. The United States
Army Corp of Engineers (USACE) has authority over navigable waters, which include
coastal waters and tidally effected waterways draining to these coastal waters with
coordination required with these authorities.
Data Collected
This primary focus of the study tasks of the CWDS addressed by this letter report is the
collection and evaluation of drainage data. The following summarizes the data collection
acti vities.
GIS Data
The City has also provided Klotz Associates with their GIS data related to drainage
issues, including repetitive loss information, storm sewer layout, culvert data, information
on severely flood-damaged homes, inlets and manhole locations, and floodplain maps.
Floodplains delineated and recognized by the Federal Emergency Management Agency
(FEMA) floodplains are shown in Exhibit 4. Repetitive loss data provided by the City is
shown in Exhibit 58.
LiDAR (light detection and ranging technology) elevation data are also readily available
from HCFCD; the elevation contours developed by Klotz Associates from these data are
shown in Exhibit 3. The LiDAR data were also processed using GIS software to
delineate drainage areas and sheet flow paths for the 100 flood event for various
watershed areas in the City; these drainage areas and flow paths in them are shown in
Exhibits 6 to 10. These data assist in understanding and describing overland flow
conditions and directions. As evident from Exhibits 6 through 10, the drainage is
Mr. Ron Bottoms
March 10, 2008
Page 3 of 15
k lot z C~~ ass 0 cia t e 5
generally from northwest to southeast toward Galveston Bay on the east and Armand
Bayou and Taylor Bayou on the south. Jurisdictional wetland data were downloaded
from the U.S. Fish and Wildlife Service website
City Staff Input
A key component of the data collection and evaluation activities was discussion with City
personnel about recurring significant drainage and flooding problems in various areas of
the city. Five short term drainage projects were identified by the City; information
provided about these areas is documented in Appendix C. Site inspection of the drainage
conditions in the City was conducted by Klotz Associates as part of the data collection
process; the inspection focused upon these five key areas and subdivisions with repetitive
loss properties.
Klotz Associates met with knowledgeable City personnel and obtained their insights as to
current and anticipated drainage and flooding problems. The City has listed live
locations of short term drainage projects: Catlett Drive, the Parking Lot of Creekmont
Park, Driftwood Drive, Fleetwood Drive, and the Glen Meadows. The City also has
subdivisions with locations of repetitive losses. The subdivisions are: Brookglen
Subdivision, Creekmont Subdivision, Glen Meadows Subdivision, Fairmont East
Subdivision, and Fairmont West Subdivision. These short term drainage projects and
subdivisions of repetitive loss properties are evaluated and reported on in this letter
report.
Photograph Album
A photograph album provided to Klotz Associates by the City provides important
information on locations and extent of flooding. The photo album provides citizen
documentation of street addresses for areas with flooding problems that have occurred
during severe storms. The information in this album assisted in identifying areas for the
site inspection by Klotz Associates.
Drainage Reports
Prior drainage reports have also been collected and reviewed. The following reports and
studies were reviewed:
· City oj La Porte Master Drainage Plan (December 1982, O'Malley & Clay, Inc.)
· Master Drainage Plan and Interim Improvement Recommendationsf(Jr Unit
F I01-00-00 (September 1987, Landev Engineers, Inc.)
Mr. Ron Bottoms
March 10,2008
Page 4 of 15
k lot z 4~~ ass 0 cia t e 5
· Clear Creek Watershed Regional Control Plan (February 1992, Dannenbaum
Engineering Co.)
· Hydrologic and Hydraulic Study for Interconnect of HCFC Unit Bl12-02-00 to
Unit B109-00-00 and HCFC Regional Detention Site Unit B512-0 1-00 (Apri I
1997, Wilbur Smith Associates, Consulting Engineers and Planners)
· Hydraulic Analysis for Little Cedar Bayou ~Vatershed HCFCD Unit F216-00-00
(January 2000, Binkley & Barfield, Inc. Consulting Engineers)
· Taylor Bayou Watershed Master Drainage Plan: Tax Increment Reinvestment
Zone #1 (August 2003, CivilTech Engineering, Inc.)
· Hydraulic Analysis for Sens Road From 300' North of Spencer HWY to 300 .
North of Avenue "H" HCPJD Pin CI/102/1002/005 VOL 2 (December 2003,
Binkley & Barfield, Inc. Consulting Engineers)
· Driftwood Drive Drainage Study, City of La Porte Pond to Park Project (June
2004, CivilTech Engineering, Inc.)
· Preliminary Analysisfor F216-00-00 Linear Detention (November 2004, Binkley
& Barfield, Inc. Consulting Engineers)
· Drainage Report -Impact and Mitigation Analysis San Jacinto and Galveston
Bay Watershed: Proposed Fairmont Parb'lIay Improvements From 16/17 Street to
state HW 146 (December 2005, TSC Engineering Company)
· Hydraulic Analysisfor Sens Road From 300' North of Spencer HWY to 300'
North of Avenue "HI' HCPID Pin CI/102/1002/005: Little Cedar Bayou (F216-
00-00) & HCFCD Channel AI04-07-00 (February 2005, Binkley & Barfield, Inc,
Consulting Engineers)
· Hydrologic & Hydraulic analysis Port Crossing Development (June 2006,
Goldston Engineering, Inc.)
The older reports of those listed above provided only limited information; use of
information from these older reports must be used with caution and possibly revised for
the present CWDS. For instance, most of the reports have HEC I and HEC 2 hydrologic
and hydraulic models that are for the most part no longer used in Harris County; current
modeling in Harris County uses HEC-HMS and HEC-RAS software models. A summary
review of each of the reports is provided in Appendix B.
Mr. Ron Bottoms
March 10, 2008
Page 5 of 15
k lot z 4~. ass 0 cia t e 5
Record Plans
Review of the drainage infrastructure data provided by the City suggests that updati ng of
the data using City plans and as-built data will be necessary. Incomplete or unavailable
as-built information may complicate the update of the drainage information.
Hydraulic and Hydrologic Models
Up-to-date hydrologic models (HEC-HMS) and hydraulic models (HEC-RAS) based
upon information developed as a consequence of the Tropical Storm Allison Recovery
Program (TSARP) are readily available from HCFCD and have been incorporated into
the information for this project. The hydrologic models that were obtained are for Clear
Creek Watershed, Armand Bayou Watershed, and Galveston Bay Watershed. The
hydraulic models that were obtained are as followed:
· Clear Creek Watershed
AI04-00.00 (Taylor Bayou)
AI04-07-00 (Tributary 3.93 to Taylor Bayou)
· Armand Bayou Watershed
B I 06-00-00 (Big Island Slough)
B 1 09-00-00 (Spring Gully)
B 109-03-00 (B 112-02-00 Interconnect)
B 112-00-00 (Willow Springs Bayou)
BI12-02-00 (Tributary 1.78 to Willow Spring Bayou)
· San lancinto/Glaveston Bay Watershed
F216-00-00 (Little Cedar Bayou)
Site Visit and Drainage Problem Evaluation
Field visits of the City drainage systems were carried out to complement the study and
provide an on-the-ground understanding of the drainage situation. Selected photographs
taken during the site inspection are shown in Appendix A. Generally, the City drainage
is dominated by a combination of runoff from small residential lot neighborhoods with
lot sizes in the 0.15 to 0.25 acre range, large rural-like residential lot neighborhoods with
lot sizes in the 3 to 5 acre range, and industrial and commercial areas. Selected photos
from our field reconnaissance visit are presented in Appendix A.
Many of the small lot residential neighborhoods are drained by curb and gutter. Lot sizes
average about 0.] 5 to 0.25 acres. There is a combination of B-, BB-, and A-type inlets in
these neighborhoods, but there does not appear to be a sufficient number of inlets to
handle the flows. Floor slab elevations in these small residential neighborhoods appear to
be commonly higher than the adjacent street elevation by about 1 to 2 feet. Some typical
Mr. Ron Bottoms
March 10, 2008
Page 6 of 15
k lot z 4~~ ass 0 cia t e 5
residential areas are drained by roadside ditch drainage systems with slab elevations
generally at or above the natural ground elevations.
The large rural-like residential lot neighborhoods are generally north of Spencer Highway
and are drained by road side ditches. Floor slab elevations in these neighborhoods are
typically at or above to natural ground levels or road elevation. Some areas have slab
elevations below adjacent top of road elevations. The majority of the drainage east of
State Highway 146 is a mixture of roadside ditch and storm sewers.
Generally, the site inspection identified apparent problems of limited curb inlet capacity
and limited or inadequate drainage pathways suitable for effectively relieving excessive
accumulations of runoff during severe rainfall events. Conditions also suggested likely
inadequate storm sewer capacity.
Developments in the older portions of town were typically built without the requirements
of detention facilities. New developments are being built to include detention to mitigate
the effects of the new development.
Short Term Drainage Projects
The site visit also confirmed conditions conducive to severe flooding problems in the five
short term drainage problems identified by the City. The conditions in and the evaluation
of these five critical areas are as follows and are shown on Exhibit SA:
Short Term Drainage Proiect 1.) Catlett Lane Pavement Replacement
Catlett Lane is located off Roseberry Drive and outfalls into Big Island Slough (HCFCD
B 1 06-00-00; see Exhibit 6). The site visit revealed that dead end street of Catlett Lane at
Big Island Slough appears to act like a flow restriction to the adjacent neighborhood,
which is aggravated by the flat topography of the area. WhenJhe capacity of the limited
storm sewer drainage in the area is exceeded it results in backup of runotT waters on
surface. Accumulated waters seek the path of least resistance and drain to the lowest
intersection of Catlett Land and Roseberry Drive.
We understand that City crews recently identified some problems with a drain pipe to
some of the existing inlets in the local area that would restrict the drainage capacity 0 r the
area. We also know that the inlets to the storm sewer system are small and reduce thc
inflow into the storm sewer system. An analysis of the complete storm sewer system for
this area has not been prepared but our experience is that the capacity of inlets were
usually matched to the capacity of the storm sewer system so increasing the throat inlet
size may not provide much change in the overall capacity of the system. However the
smaller inlets do clog easier due to surface debris. Recently there have been constructed
Mr. Ron Bottoms
March 10, 2008
Page 7 of 15
k lot z 4~. ass 0 cat e s
some new telephone and fiber optic stations on the south side of the street which could
restrict the ability to construct improvements on the south side of the street.
The City provided Klotz Associates a plan dated 2-21-08 for this location that is aimed at
removing a blockage to overland or sheet flow and will be helpful when the street
becomes full during heavy rainfall events. Klotz Associates agrees that enhanced sheet
flood relief paths are helpful to release waters backing up on streets from overflowing
sewers.
The drawing the City provided shows that about 94 feet of Catlett Street will be removed
at the east end of Catlett and then rebuilt at a lower elevation to provide a sheet flow path
for the local drainage system. Two residential driveways will have to be adjusted to
account for the changes to the lowered roadway. The City did not indicate any changes to
the underground storm sewer system, but increased sewer capacity would reduce the
amount of backup surface water which currently sheet flows across the area.
The previous embankment on the west edge of Big Island Slough has been cut down
somewhat and a small swale exists on the south edge to the ditch. This area could be
enlarged to provide some additional flow capacity but during high flow conditions there
could be large amounts of flow trying to get through that small area. An easement may
also be required to address the path of sheet flow in the restricted area. We feel that the
current City plan for this location does have merit and some adjustments could be made
to the current plans to make the proposed project as effective as possible. Listed below
are some comments to the current City plans:
1. Was a new or enlargement to a storm sewer line investigated for this location that could
convey the drainage area flows and not require that the street be removed and constructed
and a lower elevation? A new or enlarged storm sewer would still require some work
within the street and would require more inlets and curb cuts to make use of the larger or
new storm sewer.
2. How was the location and elevation determined for the roadway removal? A review of
the proposed grading shows that the revised roadway could still pond up to an elevation
of 18.08 which still could pond in the street up to 1.3 feet at the intersection of Rosemary
and Catlett. Removing more of the road to lower the ponding elevation could reduce the
ponding but will require more excavation and construction costs than currently shown on
the plans. Removing 25' more of pavement could reduce the ponding elevation by about
0.3' to 1.0'. What was the target water surface elevation or target house slab elevation?
The plans indicate that the slab elevations of the two homes shown on the plan are
approximately 20.1 and 2004.
3. Has there been coordination with the owners of the two driveways to make sure tl1ey are
agreeable to the local changes and interim impact to them during constnlction?
4. Have the grades been checked to make sure that the new proposed grades for the
driveways will work for the homeowners and their vehicles compared to the new lower
roadway elevation?
Mr. Ron Bottoms
March 10, 2008
Page 8 of 15
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5. Do you need to replace the concrete roadway with concrete? This will be a Jow traffic
area. Would asphalt pavement be more economical at this location and if so will asphalt
be acceptable to the residents?
Recommend that the City consider an option of evaluating utilities to determ ine if construction of
a short section of storm sewer on the north side of the road. The new storm sewer would need a
new or upsized outfall. The new storm sewer would be placed outside of the pavement but within
the street ROW plus additional inlets would be added to utilize the new capacity of the storm
sewer. This option could be constructed without removing the concrete street and could provide
much more storm sewer capacity to the area at a reduced cost. A driveway to the back yard of one
house would probably need to be removed and replaced. Coordination with HCFCD will be
required if a new outfall pipe is constructed.
Short Term Drainage Project 2.) Creekmont Park Overflow Path
The City Park is located at Willow Creek Drive (see Exhibit 7). The park has a parking
lot slab which has an elevation higher than the street elevation leading into the parking
area. As a result, the natural drainage down the street toward the parking lot is impeded
and flow backs up in the street and eventually adjacent properties. From examination of
the LiDAR contours in Exhibit 7, it appears that the natural flow path is through the City
Park and into Big Island Slough but the parking lot is acting like a restriction to the
overland flow capacity. Currently the park was planned to drain north then east to a small
shallow outfall ditch that meanders behind homes and makes its way to Big Island
Slough. The park with the constructed some elevated trails currently drains poorly and
has standing water or wet areas in portions of the park. The park area also needs
improved drainage.
The City informed us that they plan to lower the parking lot elevation and convey the
accumulating surface runoff away from Willow Creek Drive and through the park to Big
Island Slough. Several options exist to help address the local flooding situation. One
solution is to improve the current drainage path by constructing a larger open ditch
drainage system to Big Island Slough, by constructing a storm sewer system along the
path of the current open ditch or by constructing a storm sewer from the Park directly
north to H Street. Each of the options listed above the merit and different costs. There
exists benefits to all the property owners along the outfall path by the improved drainage
system provide for better drainage all the way to Big Island Slough. The requirements of
each solution would be enough depth and capacity to drain the Willow Creek Drive area.
An open ditch relief path along the current drainage path could work but additional ROW
would probably be required to build a larger open ditch. This solution my be economical
if additional ROW is available from all the property owners from the Park east to Big
Island Slough.
Mr. Ron Bottoms
March 10, 2008
Page 9 of 15
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A storm sewered pipe system along this same alignment could also work but construction
easements would be needed to place the pipe. This would probably be more expensive
than the open ditch system but would require less ROW.
Constructing a storm sewer system from the Park due north across the park to H Street
would require an easement across one of the properties due north from the Park.
Additionally the drainage along H Street will have to be evaluated to make sure that what
ever improvements are made that the street drainage can be improved to handle the
drainage. This project would be the shortest distance and may prove to me more
economical to construct if one of the property owners works with the City on the
alignment and acquisitions of the needed ROWand if the H Street drainage can be
improved to handle the flows.
Recommend that the City work with one of the property owners due north of the Park to
determine if a suitable and available ROW can be worked out along this shorter path.
This may prove to be the best alignment. Coordination with HCFCD will be required if a new
outfall pipe is constructed.
Short Term Drainage Project 3.) Drainaf?e Imvrovements alone Drifiwood Drive
This area is located between Fairmont Parkway and Spencer High\vay (see Exhibit 8).
The area is drained by a storm sewer system. Currently the storm sewer trom areas north
of the detention basin sends flows through the storm sewer in a southerly direction.
During rainfall events, some of the southbound flows intersect the existing manhole, head
west, and then go to a HCFCD ditch while some of the flows backup eastward into the
detention basin on the east side of the road. There is also a storm sewer system that
conveys flows northward toward the detention basin from areas south of the basin.
Drainage plans show the existing two storm sewer systems (48" from the north and 36"
from the south). During heavy rainfall events water backs up in Driftwood Drive with
some flows coming to Driftwood Drive from the Fleetwood Drive area making the
ponding along Driftwood even worse.
Remedy of the current flooding problems should consider enlarging the sewer outfall
pipe from Mesquite to the ditch and detention basin to provide for sheet flow in this same
area. Relief sheet flow pathways for backup runoff waters could include buyout of the
house at the intersection of Mesquite and Driftwood.
The City provided Klotz Associates a set of plans dated 2-21-08 that is aimed at relieving
some of the hydraulic impacts along Driftwood Drive. The drainage plans show a ncw
36" outfall from Driftwood into the detention basin. Comments to the current City plans:
I. The plans show the existing two storm sewer systems (48" from the nOl1h and 36" from
the south). Are those two systems connected together under the road? If not it might be
Mr. Ron Bottoms
March 10, 2008
Page 10 of 15
k lot z 4~. ass 0 cia t e 5
good to hydraulically evaluate connecting both storm sewer systems to see what benefits
might be derived by the connection.
2. The plans show utilities in the area when the outfall pipes are proposed. Will utility
adjustments to be needed to 12" water line, SSC line, electrical line or other utilities at
the two new proposed outfalls?
3. The plans show a new junction box, near the existing 60" and 36" outfalls, to divelt the
flows from the north more directly into the basin. We discussed the possibility of using
HOPE pipe in the area that is not under the pavement and also placing a weir type
structure in the new junction box to force low flows into the basin. Could these two items
be considered for the project to make it easier and more economical to construct and to
make more use of the detention basin volumes? Recommend adding rip rap to the end of
both new outfall pipes for this project to reduce erosion potential. Should the pipe(s) be
extended to go more fully into the detention basin?
4. The proposed outfall could be directed at a 30 to 45 degree angle (not 90 degrees as
currently shown on the plans) from the road into the basin to make the flow transition
from the storm sewer into the basin easier and thereby reducing the HGL of the system.
5. A curb cut could be provided from the low spot(s) of the road to allow ponded flows to
get off of the road and into the detention basin or ditch easier, thereby reducing the
ponding depth in the roadway. However, the sidewalk elevation would require
adjustment to provide the desired sheet flow path. Appropriate erosion control measures
would also need to be included in the improvements.
The project as currently designed by the City may not produce the desired reduction in
ponding depths. It is our opinion that an overland or sheet flow path is needed to drain the
collective areas from Mesquite Street south. Recommend that curb cuts and overland
sheet flow paths be constructed from Driftwood into the outfall ditch and another
overland sheet flow path be constructed from Driftwood into the detention pond to the
east. Both of these two overland or sheet flow paths should help to drain the street easier
during major rainfall events and could be constructed today with minimal cost.
Other more expensive options exist to the drainage and to address sheet flow or overland
flow include: 1.) including an above ground sheet flow path along the west edge of
Driftwood, adjacent to the roadway, to the outfall ditch, 2.) lowering a portion of
Driftwood to the outfall ditch or by 3.) adding in a larger pipe from Mesquite Street to the
outfall ditch or to the detention basin. Each of these other options are more expensive and
would require more easements. Recommend that further evaluation be prepared of these
other options. Coordination with HCFCO will be required if a new outfall pipe is constructed.
Short Term Drainage Pro;ect 4.) Fleetwood Drive Outfall Pive Uosizinf!:
Fleetwood Drive is located near Driftwood Drive (see Exhibit 9). The City has informed
Klotz Associates about a city project for upsizing the outfall of Fleetwood Drive.
Currently the outfall pipe is a 60 inch pipe and serves an area of approximately 120 acres.
Mr. Ron Bottoms
March 10, 2008
Page 11 of 15
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At this time, the flow from severe storm event has to travel down Fleetwood Drive, then
east down Mesquite Drive, and onto Driftwood Drive.
The sheet flow for this area flows to the outfall location but the neighboring lots arc
higher than the street and serve to restrict the flow, much like a levee. An emergency
now path, with needed easements, could be built between the houses of Mesquite Street
and along the storm sewer of Fleetwood Drive could direct the sheet flow directly to
HCFCD B 1 06-02-00. Inlet capacity at the intersections of Fleetwood Drive is also
limited, so another option to consider is adding additional sewer capacity using a pipe or
pipes between houses.
Recommend that discussions be held with the property owners of the two lots where the
sheet flow path of new outfall pipe might be constructed to determine their willingness to
work with the City on a potential solution for this area.
Short Term Drainaf!e Proiect 5.) Glen Meadows Subdivision Interceptor Inlet
Glen Meadows Subdivision is located off Spencer Highway and drains into Big Island
Slough by a storm sewer system (see Exhibit 10). Spencer Highway is higher in
elevation than this subdivision and some sheet flow drains from Spencer Highway into
Glen Meadows. The intersection of Spencer Highway and Valley Brook Drive is a high
point which allows ponding water trying to drain off of Spencer Highway.
We reviewed the information of the storm sewer system for this area and noted only 9
inlets exist along Valleybrook. During heavy rainfall events the water from upstream
areas will sheet flow south along Valleybrook to the lowest point near Meadow Crest
Street. The available information indicates that the storm sewer system will surcharge
and that there is no relief route for the flows to get out of this portion of Glen Meadows
without flooding of some homes. Upsizing of the outfall pipe or a sheet flow path
between a couple of homes appear to be good solution for drainage.
The City has informed Klotz Associates that an intercept inlet(s) may be added to the
Spencer Road drainage system. Adding inlets would increase the capacity which would
allow the sheet flow to enter the storm sewer system and thus help to reduce the surface
ponding in that area. Additional coordination with the County should continue to
determine any future plans they may have for this area.
Recommend coordination with the County on their potential work in the area along with
a detailed evaluation to determine if a new larger pipe and or sheet flow path is best or if
a drainage pipe could be economically constructed south along Valleybrook to
Spencer Road then to Big Island Slough. Coordination with HCFCD will be required if a new
outfall pipe is constructed.
Mr. Ron Bottoms
March 10, 2008
Page 12 of 15
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Subdivisions with Repetitive Losses Locations
Tropical Storm Allison and Tropical Storm Erin created major damage to the citizen of
La Porte. Exhibit 5 shows the available information on structures and homes that were
damage by flooding. Listed below are discussions of several subdivisions that contain
repetitive loss properties.
Brookglen Subdivision
Brookglen Subdivision is located in the west areas of La Porte and the subdivision drains
into Willow Springs Bayou HCFCD B 112-00-00. The homes and structures in Brookglen
Subdivision were built to previous standards and appear to have the problem of no
emergency overflow path. At the cud-de-sac of Gladwyne Drive, the only way for sheet
flow to go is into an inlet. The homes and structures are high enough from the road but
the water is just ponding. The elevated houses are acting like a levee and retaining the
storm water on the street. An overflow path is needed for this area. Exhibit 11 shows the
repetitive losses and the home flooded by Tropical Storm Allison and Erin. HCFCD
B 112-02-00 was interconnected to HCFCD B 109-03-00.
Creekmont Subdivision
Creekmont Subdivision is located off of Spencer Highway and drains into Big Island
Slough (HCFCD B 1 06-00-00). Creekmont Subdivision has the problem of not enough
inlets and no emergency overflow path. The homes along Heather Springs are noticeably
higher then the street elevation and also adjacent to the bank of Big island Slough. The
storm water has to enter the storm sewer of Creekmont Subdivision until it piles up to
overtop bank at which water is already in home. An emergency overflow path is needed
for this area. Exhibit 12 shows the repetitive losses and the home flooded by Tropical
Storm Allison and Erin.
Glen Meadows Subdivision
Glen Meadows subdivision is located off of Spencer Highway and drainages into Big
Island Slough (HCFCD B 1 06-00-00). The homes in Glen Meadows subdivision have the
same problem of no emergency flow paths. The water piles in the streets until it goes
into the storm sewer along Valley Brook or overtops the banks of Big Island Slough
(HCFCD B 1 06-00-00). There are limited inlets in the subdivision as well. The homes are
higher than the street elevation. The only flow path for the storm water to go is through
the storm sewer. Exhibit 13 shows the repetitive losses and the home flooded by Tropical
Storm Allison and Erin.
Mr. Ron Bottoms
March 10, 2008
Page 13 of 15
k lot z 4~. ass 0 cia t e 5
Fairmont East Subdivision
Fairmont East Subdivision is located off of Fairmont Parkway and drainages into
HCFCD B 1 06-02-00. Exhibit 14 shows the repetitive losses and the home flooded by
Tropical Storm Allison and Erin. The problems for this subdivision appear to be not
enough inlets, inadequate storm sewer system and no emergency overflow path. The
houses are about 1 to 2 foot higher than the road elevation.
Fairmont West Subdivision
Fairmont West Subdivision is located off of Fairmont Parkway and drainages into Big
Island Slough (HCFCD B 1 06-00-00). Exhibit 15 shows the repetitive losses and the
home flooded by Tropical Storm Allison and Erin. This subdivision is also in need of a
overflow path to let the water out of the subdivision during high flow conditions.
Observations on City Drainage Design Procedures
The City does have a formal drainage criteria manual to guide design of drainage
facilities. At current time, the City Engineer, with the assistance of City staft~ evaluates
proposed land development and drainage facilities for such development on a case-by-
case basis. Appendix D shows the entire criteria manual. Recommend updating the
drainage criteria manual to address several drainage related issues, such as overland flow
evaluations. The update to this manual should begin immediately and should be
commented on my staff and other interests.
Ownership and Maintenance
There are 7 HCFCD in Clear Creek Watershed, 9 HCFCD in Armand Watershed, 16
HCFCD in San Jancinto/Galveston Watershed in the City of La Porte. The ownership of
the channels is listed in the following table. Maintenance is just assumed that the owner
will maintain it. See the exhibit for the ownership of channels in the Appendix E.
--
Clear Creek Watershed Ownership Maintenance
--
Al 04-00-00 Taylor Bayou) HCFCD HCFCD
AI04-07-00 (Tributary 3.93 to Taylor Bayou) HCFCD/City HCFCD/City
Al04-07-0l City City
---
AI04-l0-00 (Boggy Gully/Bayou) HCFCD HCFCD
Al 04-1 0-02 HCFCD HCFCD
Al04-12-00 HCFCD HCFCD
._--
Al04-12-01 HCFCD HCFCD
Armand Bayou Watershed
B 1 06-00-00 (Big Island Slough) HCFCD HCFCD
Mr. Ron Bottoms
March 10, 2008
Page 14 of 15
k lot z 4~~ ass 0 cia t e s
--
B 1 06-02-00 HCFCD HCFCD
B 1 06-05-00 HCFCD/City HCFCD/City
B 1 06-06-00 City City -
B 109-00-00 (Spring Gully) HCFCD HCFCD
B 109-03 -00 (B 112-02-00 Interconnect) HCFCD HCFCD
--
B 112-00-00 (Willow Springs Bayou) HCFCD HCFCD
-
B 112-02-00 (Tributary 1.78 to Willow Spring HCFCD HCFCD
Bayou)
B 112-05-00 HCFCD HCFCD
San Jancinto/Glaveston Bay Watershed
Fl 0 1-00-00 HCFCD HCFCD
F 1 0 1-0 1-00 City City
FI01-03-00 City City
F 1 0 1-06-00 HCFCD HCFCD
--...
F 101-06-02 HCFCD HCFCD
----- -
FI0I-06-03 HCFCD HCFCD
FI01-07-00 City City
FI01-08-00 City City
F210-00-00 HCFCD IICFCD
F212-00-00 (Deer Creek) HCFCD/City IICFCD/City
F216-00-00 (Little Cedar Bayou) HCFCD/City I-ICFCD/City --
F216-0 1-00 City City
F216-02-00 City City
--
F216-04-00 City City
-----
HCFCD: Harris County Flood Control District
City: City of La Porte
Conclusion
Pursuant to Tasks 1.1 through 1.7 of the scope for the CWDS, data and site information
have been collected to identify and asses apparent current drainage problems in the City.
Inadequate inlet numbers and capacities, development in topographically low areas, and
inadequate pathways for relief of excessive floodwater accumulations appear to be
primary reasons for current drainage problems.
As we move into the next phase of the CWDS, we will begin identifying options to
resolve the current problems and address ways to prevent future additional drainage and
flooding problems.
We are available to discuss this report with you at your convenience. We havc a
significant amount of data used to develop this report. Some summary data has been
Mr. Ron Bottoms
March 10, 2008
Page 15 of 15
k lot z .~. ass 0 cia t e s
included in the exhibits and appendices however much more data is available. We look
forward to moving into the next phase of work.
s)ereIIYl.~
Gary ~truZiCk, P.E., CFM
Vice President
GLS
Attachments
CC: Mr. Steve Gillett, City of La Porte
Mr. John Joerns, City of La Porte
Mr. Rodney Slaton, City of La Porte
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-00 'b ~ Short Term Drainage POrject 4
B113-00_00 Fleetwood Dnve Short Term Drainage Porject 3 -c:1 i
i'-.... Outfall Pipe Upslzlng Drainage Improvements along ~ l
Legend I) , Driftwood Drive - ~
, 11 \ \ \ .J f I I \ \ I I 11 II \ 'ft'fIJ I II \ \ ....... ~;\
· TSERE Locallons T T II )'-lll \ I \ II I nmn II1U '\ 51
o TSARP Locations f-. I I '\1 I 11 \ I \ \ ~,.~ ' tH&till@lL..., m ~,.
. Severely Damaged Homes 1 TT \ \ V'"'"'- ~"""" If LlliW,,1 , , , \ I _~' {, wJ l..t.. \
_ Streets I .\ \ 1"1 LIJ1,L, \ \, =~v "I Detention ,)..... I
- ~~:~:aF~::~D:I:i~age ~ TT \ I . \ \ \ \ II ~ El,i=~;i~I~- Ir.L J ~~3....
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Short Term Drainage porject 2
Creekmont Park Overflow Path
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Short Term Drainage Projects
CITY OF LA PORTE
CITY-WIDE DRAINAGE STUDY
I EXHIBIT
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Appendix A
Site Visit
February 26, 2008
March 6, 2008
2-26-2008
Looking North on Driftwood
2-26-2008
Looking East on Stone Creek Drive
Houses are higher than road elevation
2-26-2008
Looking upstream at B 1 06-00-00
Channel is in great condition
2-26-2008
Looking upstream at B 112-02-00
2-26-2008
Looking at the interconnected between B 112-02-00
and B 1 09-00-00 that was blocked off
2- 26- 2008
Looking at roadside ditch in rural residential area.
Notice road and house elevations are about the same
2- 26- 2008
Typical B Inlet on West Main Street.
2-26-2008
Road Side Ditch on South Broadway Street
03-06- 2008
Typical B Inlet with Grate Manhole Cover
On Roseberry Drive and Catlett Lane
03-06-2008
60 inch and 42 inch Outfall of Detention Pond
On Driftwood Drive
Appendix B
Report Summaries
City of La Porte Master Drainage plan
Prepared For: City of La Porte
Prepared By: O'Malley & Clay, Inc. Consulting Engineers
December 1982
Not signed
The content of this report include the presentation of recommended drainage design
criteria description of drainage areas, runoff computations, recommended channel
improvements, proposed drainage structures and cost estimates. Of primary importance
are the maps showing the required channels and structures to handle the storm water
runoff according to the design criteria. This Drainage Plan is a dynarnis plan, meaning
that it is subject to continuously changing conditions. The recommended improvements
are based upon certain projected data base. As this data base changes in the future, The
Drainage plan should be updated accordingly. This Drainage plan has information from
the criteria of 1982 from the city of La Porte.
The use of this report is to obtain drainage areas and storm system information from
1983. It does not state if the storm sewer systems are up have adequate capacity. It has
cost estimates that are from 1983. The exhibits in this drainage plan show the existing
drainage conditions, the runoff volume which must be transported, the flow lines, sizes
and slopes of the proposed channels to accommodate the flows, required structures and
minimum right-of-way needs.
Since then there has been much improvements to the drainage criteria manual to consider
new rainfall data and storm events. Drainage conditions and runoff volumes have
changed since 1983
The value of this drainage plan is to get the existing conditions from 1982.
Driftwood Drive Drainage Study, City of La Porte Pond to Park Project
Prepared For: City of La Porte
Prepared By: CivilTech Engineering, Inc.
June 2004
Signed By: Michael D. Lacy
T he purpose od this report is to present the findings of the drainage analysis of
Driftwood drive and provide recommendations to the City of La Porte for the street
ponding. CivilTech was asked to investigate and determine possible solutions that would
alleviate street ponding and better utilize the storage capacity of the existing detention
pond. The recommendations are that the receiving channel be cleaned out and properly
maintained in the future to allow the system to function better for high frequency storms.
The maintenance of this channel is the responsibility of HCFCD, but the City should
perform this maintenance if HCFCD refuses to do so. Another recommendation would
be to consider upgrading the storm sewer system on Driftwood Dr. in the near future.
The three-year design frequency should be met at an absolute minimum to eliminate
street ponding in high frequency events and to protect against structural flooding in
extreme events.
Master Drainage Plan and Interim Improvement Recommendations for Unit FIOI-OO-OO
La Porte, Texas
Prepared For: Harris County Flood Control District
Prepared By: Landev Engineers, Inc.
September 1987
Not Signed
The primary objectives of the study are to determine drainage improvement requirements
for the f1 01-00-00 system to eliminate any 100 year flooding for the ultimate watershed
condition within the City of La Porte, and to recommend interim improvements
consistent with this ultimate plan to eliminate flooding for the watershed's existing
condition. HEC I and HEC 2 models were used for the Armand Bayou watershed. The
Southern Pacific Railroad crosses the channel at two locations. Recommendation is
regional detention facility that could be located conceivable at the confluence of B 1 DO-
DO-DO and B 1 06-00-00. The baseline condition 100 year Water Surface Elevations was
not determined in this study. Alternatives are regional detention storage, diversion flow to
another system, structural improvements. There are several regional detention locations
recommended and diversion that could be implemented.
Hydrologic and Hydraulic Study for Interconnect of HCFC Unit B1l2-02-00 to Unit
B109-00-00 and HCFC Regional Detention Site Unit B5l2-0l-00
Prepared For: Harris County Flood Control District
Prepared By: Wilbus Smith Associates, Consulting Engineers and Planners
April 1997
Seal Engineer: Melvin G. Spinks, P.E.
This is an analysis on Armand Bayou and its streams. A regional detention site addresses
the mitigation needs to offset and increase in flows due to the interconnection, the
proposed East Boulevard Roadway, and flood protection for the downstream residents in
the Brookglen Subdivision and the Spencer Highway estate subdivision. The sub-
watersheds are Bl1202A, B109A, and Bl12B. The recommended ultimate plan
addressed (1) the detention storage for HCFC Regional Detention Site Unit B512-01-00
to serve full development in sub-watershed Bl1202A, (2) the full diversion of flows
along Tributary 1.78 - Willow Springs Bayou (Unit Bl12-02-00) to Spring Gully (Unit
B 1 09-00-00) at the interconnect and (3) the channel improvements required along Unit
B 1 09-00-00 and Unit B 112-02-00 to serve the outflow from the proposed regional
detention facility. The channel improvements are concrete lined channel and widening.
A HEC 1 and HEC 2 analysis was done for this project. The detention pond will have
maximum available detention storage of 320 acre-feet at an elevation of 24.6 feet (1973
NGVD adjustment). Base pond elevation is 15.5 (1973 NGVD adjustment).
Missing Information: Technical Appendices - Volumes 1 and 2
Site visit shows that the interconnection was constructed and but has been closed
Hydrologic & Hydraulic Analysis Port Crossing Development
Prepared For: Port crossing land, L.P.
Prepared By: Goldston Engineering, Inc.
June 2006
Location : West Fairmont Parkway and 146
The Port Crossing Land, L.P. contracted Goldston Engineering, Inc. to provide
supplementary hydrologic and hydraulic consulting services for the Port Crossing
Development. The project area and area of analysis fall under the jurisdiction of the City
of La Porte, Texas. Ultimate outfall into the Taylor Bayou (HCFC Unit Al04-00-00)
calls for a drainage analysis that confirms the proposed development is designed in
accordance with the policies, guidelines and criteria of the jurisdictional agency in
conjuction with oversight review and approval of the Harris County Flood Control
District. The developer plans to develop the tract for business, industrial and commercial
uses. The Restricted Reserve Detention Basin North (7.34 acres) is for 118.65 acre with
29.49 acres that will be fully developed and will have two wet bottom ponds. The
storage volume is 47.71 acre-feet at full bank capacity, which is the equivalent of a
storage rate of 1.59 acre-feet/acre due to restricted Taylor Bayou lO-year and 100-year
pre-development release criteria. The Restricted Reserved Detention Basin South 22.75
(acres) is for 267.33 acres of fully developed runoff and provides regional detention for
the 430 acres that comprise the HCFC AI04Al sub-area. The storage volume is 224.30
acre-feet at full bank capacity with a storage rate is 0.82 acre-feet/acre due to restricted
Taylor Bayou lO-year and 100-year pre-development release criteria. A trapezoidal
conveyance channel will carry runoff north to south from the detention ponds. It will
have a 0.001154 channel slope with a 6 foot bottom width and 8 to 10 feet depth and
concrete bottom lined.
It appears that this report is marked up for review, substantial comments are made.
Hydraulic Analysis for Little Cedar Bayou Watershed HCFCD Unit F2l6-00-00
Prepared For: Harris County Flood Control District
Prepared By: Binkley & Barfield, Inc. Consulting Engineers
January 2000
Location: Bay from West Fairmont Parkway pass Spencer Highway.
The addition off linear detention to Little Cedar Bayou upstream of SH 146 can produce
a substantial flood control benefit, without adverse effect to the Little Cedar Bayou or
adjoining areas. Little Cedar Bayou is within the city limits of the City of La Porte,
Texas, and includes 3.2 square miles of land that is approximately half developed. There
is an even mixture of commercial and residential development within the watershed, with
the bayou running through the more densely developed areas of La Porte. Little Cedar
Bayou is a narrow, winding earthen channel that was straightened and improved with
concrete slope paving. Most of the bridge crossing serves as restrictions to the flow,
especially at SH 146 where debris collects on a regular basis. The analysis of Little Cedar
Bayou watershed revealed that a definite flood control benefit could be gained from
implementing channel improvements upstream of SH 146. The proposed improvements
that were analyzed in this report included a linear detention pond between SH 146 and
"B" Street, lowering the flow line upstream of SH 146, and reshaping the side slopes to
3: 1. Two proposed projects were analyzed. The first project included improvements up to
the Southern Pacific Railroad. The second project included improvements up to Sens
Road. The improvements would cost 3.2 million. HEC 1 and HEC 2 where used for this
anal ysis.
Preliminary Analysis for F216-00-00 Linear Detention
Prepared For: City of La Porte
Prepared By: Binkley & Barfield, Inc. Consulting Engineers
November 2004
Signed By: John G. Fowler
This report is a recommendation from the previous report entitled "Hydraulic Analysis
for Little Cedar Bayou Watershed HCFCD Unit F216-00-00". The proposed detention
pond can perform one of the following functions. When the detention pond is installed
with no other channel improvements, the flows downstream of the pond are reduced
sufficiently to provide an expected reduction in the 100-year water surface of up to 0.5'
downstream of SH 146. When channel improvements in F216 upstream of Spencer
Highway are installed, the added conveyance in the channel will deliver more water
downstream much more rapidly, serving to reduce potential flooding problems upstream
of Spencer Highway. By installing the proposed detention pond in conjunction with
these channel improvements, the increased flow in F216 is fully mitigated, and there are
no water surface increases downstream of SH 146. If additional development is allowed
in the F216 watershed upstream of SH 146, the proposed pond will mitigate much (but
not all) of the increase runoff that may be caused by such development. The models
created during the detailed design of the proposed detention pond will be structured to
reflect the excepted function of the pond when constructed according to the design plans.
Drainage Report - Impact and Mitigation Analysis San Jacinto and Galveston Bay
Watershed; Proposed Fainnont Parkway Improvements From 16th Street to state HW 146
Prepared For: Harris County
Prepared By: TSC Engineering Company
December 2005
Signed By: Brian X Tao
Drainage impacts caused by the proposed roadway improvements are identified in tenns
of lO-year and lOO-year peak flow. There will be mitigated by providing additional
detention storage in enlarged ditches and storm sewers for the proposed roadway
improvements. In addition, as part of the roadway improvements, the stonn sewers along
Fainnont Parkway will be replaced from 16th Street to SH 146. The proposed stonn
sewers are sized and designed based on the City of Houston's 3- year frequency rainfall
runoff curve s-509 and standard Harris County criteria. The proposed roadway project is
within the Little Cedar Bayou watershed, a sub watershed to San Jacinto and Galveston
Bay Watershed. The project drainage area drains into a 65" x 40" arch pipe stonn sewer
under SH 146, then drains eastward to discharge into the Little Cedar Bayou (HCFCD
Unit F216-00-00). For areas along Fainnont Parkway between UPRR and 16th Street, the
flow is collected through roadside/median ditches, then discharge into roadside/median
ditches along Fainnont Parkway east of 16th street. Currently, TxDOT constructs the
overpass project in this portion of Fainnont Parkway. For areas along 16th Street north
and south of Fairmont Parkway, the flow is collected through roadside ditch, then
discharged into roadside ditches along Fainnonth Parkway east of 16th Street.
Hydraulic Analysis for Sens Road From 300' North of Spencer HWY. to 300' North of
Avenue "H" HCPID Pin CI/I02/l002/005; Little Cedar Bayou (F216-00-00) & HCFCD
Channel A104-07-00
Prepared For: Harris County Flood Control District
Prepared By: Binkley & Barfield, Inc. Consulting Engineers
February 2005
Signed By: Joel R. Colwell
The current analysis addresses detention requirements for mitigation of increased flows
from the proposed improvements to Sens Road, Bay Area Boulevard and Fairmonth
Parkway. Sens Road will be designed with a storm sewer system that diverts a substantial
amount of storm water flow to the south of Spencer Highway system, continuing into the
proposed median ditch at Bay Area Boulevard, and into HCFCD Al 04-07-00. The
increase flows from this combination of projects will require the installation of a 155
acre-foot detention basin downstream of Fairmont Parkway near the south side of the first
major rail crossing of channel AI04-07-00. There may be a need for a regional pond in
this area to accommodate future drainage improvements to the area. The
recommendation is made that the drainage from Sens Road, Fairmont Parkway, Bay Area
Boulevard, and A104-07-00 combined and this would require only one detention facility,
with a single inflow weir and outflow structure. The 80 acre site is much larger than the
area required for the detention discussed but can possibly serve as a regional facility.
Preliminary Engineering Report For ens Road From 300 Feet North of Spencer Highway
to 300 Feet North of A venue "H" PIN No. ClI1 02/1 002/005
Prepared For: Harris County Flood Control District
Prepared By: Binkley & Barfield, Inc. Consulting Engineers
August 2006
The proposed improvements to Sens Road will provide for a 5-lane concrete roadway
from approximately 300 feet north of spencer highway to 300 feet north of A venue "H"
for a project length of 3,887 feet. The proposed concrete roadway will be drained by the
proposed storm sewer system. The proposed drainage system for Sens Road outfalls
within the Project Limits and consists of three storm sewer runs. Two of the runs will
outfall into the improved Little Cedar Bayou (HCFCD Unit F216-00-00) and the third
one will join the existing box culvert that flows to the south into the Bay Area Boulevard
system. The proposed storm sewer system for all areas will consist of the trunk line,
leads and proposed inlets. The existing box culvert at Little Cedar Bayou (F216-00-00)
will be replaced with a new culvert and outfalls for the tributary two storm sewer
systems. Little Cedar Bayou (HCFCD Unit F216-00-00)is proposed to be improved fir
storm water mitigation and maintaining the 100-year storm water surface elevation at the
existing water surface elevation. The limits of Little Cedar Bayou improvement will be
Sens Road on the west and the Union Pacific Railroad to the east. A Storm water
detention facility will not be required for Little Cedar Bayou due to the diversion of water
from A venue "D" into the Bay Area Boulevard system. This project also includes a
proposed detention basin near Harris County Flood Control District Ditch AI04-00-00
and channel improvement on a portion of this ditch.
Hydraulic Analysis for Sens Road From 300' North of Spencer HWY. to 300' North of
A venue "H" HCPID Pin CII1 02/1 002/005 Volume 2
Prepared For: Harris County Flood Control District
Prepared By: Binkley & Barfield, Inc. Consulting Engineers
December 2003
Klotz Associates was not given Volume 1
Volume 2 contains the following:
.
Appendix B
o Phase I Environmental site assessment
o Wetland Delination
o Endangered Species Inquiry
o Antiquities Permit
o Archeological Survey
o Archeological Evaluation
.
Appendix C
o Geotechnical Report - Sens Road
o Geotechnical Report - Little Cedar Bayou
.
Appendix D
o Hydraulic and Hydrological Study
.
Appendix E
o Design Documents
Taylor Bayou Watershed Master Drainage Plan; Tax Increment Reinvestment Zone #1,
La Porte, Texas
Prepared For: City of La Porte
Prepared By: CivilTech Engineering, Inc.
August 2003
Signed By John D. Conquest
This report presents technical analyses and findings relative to the impact of the proposed
development of the Taylor Bayou Watershed and City of La Porte Tax Increment
Reinvestment Zone #1. It also addresses the proposed channels, waterway corridors and
detention facilities to convey and mitigate the potential impacts.
A Master Drainage Plan was developed for the Tax Increment Reinvestment Zone #1
(TIRZ) and areas contributing to the Taylor Bayou watershed within the City of La Porte.
This master drainage plan addresses mitigation and drainage infrastructure requirements
and consists of a complete impact analysis for the ultimate development of the TIRZ. A
detailed watershed analysis was performed using HEC-l computer models. The impact
analysis concluded that the proposed development of the TIRZ would increase peak
flows in Taylor Bayou at the confluence of Taylor Bayou (HCFC Unit Al04-00-00) and
HCFC Unit A 104-01 2-01 by 1,122 cfs.
The routing analysis concluded that approximately 325 ac-ft of detention mItigation
would be required to offset the increase in peak flows due to the TIRZ development. The
drainage analysis determined that three separate detention ponds and two waterway
corridors totaling about 104 acres in size will provide the necessary detention volume.
Three culvert structures will serve as outfall for the detention ponds.
Clear Creek Watershed Regional Control Plan, Volume 2
Prepared For: Harris County Flood Control District & Texas Water Development board
Prepared By: Dannenbaum Engineering Corporation
February 1992
Klotz Associates was not given Volume 1
Volume 2 contains the following:
Section VII - Combination Alternative
· Descriptions of Alternative
· Hydrologic and Hydraulic Analysis
o Design Criteria
o Hydrology
· Sensitivity Analysis
· Outlet Expansion
· Regional Detention
o Hydraulics
· Main Channel
· Tributaries
· Cost Analysis
· Socioeconomic Considerations
· Envisonmental Consequences
o Main Channel
o Tributaries
o Armand Bayou
o Third Outlet
o Mitigative Action
o
Section VIII - Conclusion and Recommendations
· Summary of Engineering Design Alternatives
· Summary of Environmental Impacts
· Recommendations
The recommendations based on the study are to implant a combination of the alternative
that was recommended.
Appendix C
Short Term Drainage Project
tll}
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
?
~
Agenda Date Requested: November 12. 2007
Requested By: Wavne J. sJ~
I
DepartmeDt: PlaDDin!!
Source of Funds: NA
Amount Budgeted: M
Account Number: NA
Report: -X-Resolution: _Ordinance:__
Exhibits:
~~
SUMMARY
The Flooding and Drainage Committee, at their October 29,2007, meeting directed Staff to bring forward
to Council a list of short term drainage projects for near-tenn consideration and future funding. This list
contains the projects, in priority, that 8tafffeels will have a favorable impact on several areas in La Porte.
A power point presentation will be given at the meeting. Cost estimates are preliminary and will be
refined when the projects go into design:
1) Lower Catlett Drive at its termination point along Big Island Slough near Roseberry Drive which would
help residents in Fairmont Park West. In the past Public Works has cut off some of the top bank in
~. . order to lower the ponding elevation impacting the homes at the intersection of Catlett and Roseberry
?. Drive. However, in order to alleviate the recent flooding, it is required to cut the street in order to further
decrease the ponding elevation. There are two options to the City in this regard. First option is to cut
Catlett at one of the two driveways intersecting it and making this the new high point, at which point the
new concrete would gently slope down and tenninate at its present location. This option would not
require the City to replace the two driveways. '{he second option is to replace the entire length of Catlett
from its intersection with Roseberry. This would allow the terminus of Catlett to be further lowered but
would result in more concrete being poured as well as the replacement of the two existing driveways from
one of the existing joints. The first option would cost roughly $10,000 while the second would cost )
$65,000. Planning Department is currently analyzing how much morE dr~ J>~_ob!aiAedr frpm. ...~ / II
implementing Option II in order to determine if the benefit warrants the cos~' ~.L~'
2) IIJNer the parking lot accessing the City Park at the end of Willow Creek Drive in Creckmont Section
II. T..)OO-year event in this area is sheet flowing through the park in order to access City maintained
ditches which ultimately outfalls into Big Island Slough. The existing parking lot is higher than the
,.l;' finished floor elevations of the homes along Willow Creek and therefore the 100-year event will flood
v these homes before it is able to sheet flow through the park. Lowering the parking lot and cutting out
some of the park will minimize this. The cost for this project is approximately $35,000 and includes the
excavation costs' associated with the park. Another separate project being suggested by Parks would
improve the conveyance to Big Island Slough.
3) Replace the junction box along Driftwood Drive in order for the storm runoff from Fairmont Park
East to discharge directly into the detention pond along Driftwood, thereby decreasing energy losses and
~ri!Jl allowing more water to be taken off Driftwood. In conjunction with this, replace one of the outfall pipes
~ to B 106-02, a tributary of Big Island Slough, with a larger pipe. The impact to B 106-02 would actually
decrease because of the time it would take for the detention pond to fill versus the present situation of the
storm runoff discharging directly to B 106-02. Engineering division has run the calculations verifying
this assertion. The cost for this project would be approximately $35,000.
4) Upsize the outfall pipe discharging Fleetwood Drive to B 106-02, potentially helping residents in
Fairmont Park East. This would decrease energy losses in this drainage system. However, since
#t) Fleetwood Drive is the street intended to sheet flow the stoml runoff to its ultimate outfall for this area but
is higher than the streets connecting to it, this project should be considered low priority and may not
impart any immediate benefit until further improvements along Fleetwood are implemented (i.e. lowering
the street). The cost for this project would be approximately $30,000 and would use pipe bursting
technology. More research is necessary.
5) The intersection of Spencer Highway and Valley Brook Dr. appears to be a high point which allows
ponding water trying to drain off of Spencer Highway to sheet flow into the Glen Meadows Subdivision
and adding to the volume of water already draining from the streets of that subdivision into Big Island
~ Slough. Since the drainage system associated with Spencer Highway is designed to drain from the street
into Big Island Slough, Staff is suggesting to Harris CoWlly that an interceptor inlet be added to the
system just West of that intersection and along the North curb line at the foot of the bridge going over Big
Island Slougb. This interceptor inlet would allow water to drain off Spencer Highway directly into the
storm sewer and discharge from the box culvert outfall structure as intended. Staff is also coordinating an
addition to the outfall structure at Spencer Highway and Big Island Slough to account for additional
sheet flow for major rain events.
The total estimated costs for these projects range from $110,000 to~epending on further
analysis and design. A Notice of Interest (NOI) is being forwarded in hopes to secure grant funding from
the latest disaster declaration. This funding may be used as a reimbursement should Council direct Staff
to proceed with design and funding recommendations.
The Planning Department, in coordination with the Public Works, Parks and Police Departments is
researching surrounding city ordinances to determine the best method, practices and enforcement to
control and prevent speeding traffic from flooding homes due to the wakes being created. Results will be
presented to the Committee at their December 3,2007, meeting.
Action Required by Council:
Direct and guide Staff on how to proceed with the analysis, design and funding recommendations for the
short term drainage projects reviewed by the Flooding and Drainage Committee.
ApDroved for City Council Aeenda
Ron Bottoms, City Manager
Date
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GIS DIVISION
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FAX: (;!81) 470"511OS
Appendix D
City of La Porte
Drainage Criteria Manual
CHAPTER 5
STORM SEWER DESIGN CRITERIA
5.1 GENERAL PROVISIONS
Drainage Criteria for development within the City of La Porte, and where applicable within La Porte's
Extraterritorial Jurisdiction (E.T.J.) is dependent upon the size and type of development, the conditIOns
within the individual watershed, the conditions or design of the receiving stream, bayou, channel, roadside
swale, culvert, or roadway.
The basic objective of this policy is to minimize the threat of flooding to areas within the City and its E. T.I.
and to minimize the effect of continued development on individual watersheds.
1. The City believes that the best long-term means of accomplishing its objective is a continued
program of improvement and extension of the Harris County Flood Control District's system of
open channels. This statement recognizes the technical reality that an essential prerequisite to an
effective flood control program is a system of open channels capable of carrying storm runoff of
any type in Harris County to Galveston Bay without adversely impacting existing urban areas
adjacent to the channels.
2. The City recognizes that both District's and City's existing open channel system is, in many
instances, inadequate to accomplish the goal of eliminating existing flooding conditions for
existing It:vels of whan development, or for ultimate development in the watershed.
3. The City therefore recommends that where required, certain additional flood control facilities be
utilized to supplement the open channel system. Such flood control facilities shall be designed to
preclude flooding in areas that do not presently flood and not increase flood levels where flooding
now occurs. Specifically, the City supports the use of storm water detention to supplement the
open channel system until long-term channel improvements can be completed, or as permanent
facilities where additional open channel improvements are not feasible. The result will be that
new development will limit or restrict the impact downstream.
5. 1.1 All the drainage plans and construction shall meet or exceed the requirements of the City of La
Porte, Harris County Flood Control, Harris County, TxDOT, or any other entities having
jurisdiction over a facility (i.e. roadway, channel, etc.).
5.l.2 Unless otherwise provided for in these policies, development shall follow the Harris County Flood
Control District Criteria Manual for the design of Flood Control and Drainage Facilities in Hams
County, Texas.
5.1.3 If application of the policies and criteria contained in this document conflict with the City's duties
under the Flood Hazard Prevention Ordinance, the regulations of the Flood Hazard Prevention
Ordinance shaH apply.
5.1.4 Drainage structures shall be constructed in such locations and of such size and dimensions to
adequately serve the development and the contributing drainage area. In new developments, the
developer shall provide all the necessary easements and rights-of-way required for drainage
structures, including storm sewer and open or lined channels.
5.2 CONSTRUCTION PLAN REQUIREMENTS
5.2.1 A drainage map shall be included in the construction plans. The drainage area map shall include:
A Drainage areas, including areas draining from off-site onto or adjoining the project
Stormwater Cnteria Page I of 10
B. Design storm runoff, based on the type of facility and storm frequency listed in Section
5.4.
C. 100 - year runoff
D. Route of overland flow including the overflow to a drainage channel or detention facility
E. Water surface profiles for the 25-year and/or 100-year storms in the outfall channel All
available information will be considered when making this determination.
F. Flow per inlet
G. Maximum ponding elevation
5.2.2 Detailed drainage calculations shall be submitted with the construction plans.
5.2.3 A lot grading plan should demonstrate that the finished grading plan will drain to approved
collection and discharge points and that the overland flow of water from adjacent properties will
not be impacted
5.2.4 The hydraulic gradient for the design storm may be shown on the construction drnwings.
Calculations for the elevation for the hydraulic gradient shall be provided with the design storm
drainage calculations. The hydraulic gradient must be below the gutter line for the design storm.
The tailwater elevations based on a 25-year frequency in the outfall channel shall be used for
calculations of the hydraulic gradient.
5.3 USE OF PREVIOUSLY DESIGNED AND INSTALLED INFRASTRUCTURE
Situations where previously installed infrastructure is in place but not yet utilized to it,> design
capacity wilt be considered on a case by case basis. The developers engineer shall after
consultation with the City, prepare a report that:
a, outline the original design criteria
b. evaluates the impact of the original design on the receiving stream, adjoining
properties and/or the 100 year Floodplain.
Based on the report, the City Engineer may allow full or partial use of the previously installed
infrastructure and may require it to be supplemented with detention or other facilities.
5.4 STORM FREQUENCY, RUNOFF A~ DATUM
A Storm Frequency
All drainage improvements shall be designed for the following storm frequencies
Tvpe of Facility
Road Side Ditches and Culverts
Storm Sewers
Ditches & Culverts Drainage 100 acres and more
Bridges
Creeks
Detention Facilities
3 year
3 year
25 year
100 year
100 year
Refer to Section 5.5
B. Storm Runoff
Design flow of storm water runoff is to be calculated using the Rational Method.
The Rational Method is based on the direct relationship between rainfall and runoff, and
the method is expressed by the following equation:
Stormwaler Criteria Page 2 of I 0
Q = CIA, where
Q is the stann flow at a given point in cubic feet per second (c.f.s).
C is a coefficient of nmoff (see Table 1).
I is the average intensity of rainfall in inches per hour for a period equal to the
time of flow from the farthermost point of the drainage area to the point under
consideration. (See figure 1, I-D-F Curves and Figure 2, Determination of Time
of Concentration)
A is the drainage area in acres
The size and shape of the watershed must be determined for each installation. The area
of each watershed may be determined through the use of planimetric-topographic maps of
the area, supplemented by field surveys in areas where topographic data has changed or
where the contour interval is insufficient to adequately determine the direction of flow.
The outline of the drainage area contributing to the system being designed and outline of
the sub-drainage area contributing to each inlet point shall be detennined
When calculating the peak flow rate of storm runoff, rainfall intensity will be detem,ined
from the rainfall intensity, duration and frequency curves, shown in Figure I. The storm
frequency used for this determination will be according to the facility to be designed as
listed in Section A
1. Runoff Coefficients and Time of Concentration
Runoff coefficients, as shown in Table 1, shall be the minimum used, based on
total development under existing land zoning regulations. Where land uses
other than those listed in Table 1 are planned, a coefficient shall be developed
utilizing values comparable to those shown Larger coefficients may be used if
considered appropriate to the project by the City Engineer.
The time of concentration is defined as the longest time, without unreasonable
delay, that will be required for a drop of water to flow from the upper limit of a
drainage area to the point of concentration. The time of concentration to any
point in a stonn drainage system is a combination of the "inlet time" and the
time of flow in the drain. The inlet time is the time for water to flow over the
surface of the ground to the storm drain inlet. Because the area tributary to most
stonn sewer inlets is relatively small, it is customary in practice to determine the
inlet time on the basis of experience under similar conditions. Inlet time
decreases as the slope and the imperviousness of the surface increases, and it
increases as the distance over which the water has to travel and retention by the
contact surfaces.
Time of concentration shall be computed from Figure 2m and in no case shall
the inlet time be more that the time shown in Table 1.
Stormwater Criteria Page 3 of 10
Table 1
Zone Zoning District Name Runoff Maximum Inlet
Coefficient "C" Time in Minutes
R-l Low Density Residential 0.50 ]5
R-2 Mid Density Residential 060 15
R-3 High Density Residential 080 10
MH Manufactured Housing District 0.55 15
NC Neighborhood Commercial District 0,80 ]0 !
GC General Commercial District 085 lO I
BI Business Industrial Park District 0.85 10 -I
11 Light Industrial 0.85 10
HI Heavy Industrial 085 10 _.J
PUD Planned Unit Development District variable ]0 to 15 I
Miscellaneous Land Uses
Land Use
Runoff Coefficient "c"
Church
School
Park
0,70 to 0.90
0.50 to 0.90
0.30 to 0.70
C. Datum
All drainage plans shall be prepared based on United States Geodetic Survey datum, 1978
adjustment, consistent with National Flood Insurance Program, Flood Insurance Study for
the City of La Porte.
5.5 REQUIRED DETENTION
Detention Basins - Unless othelWise provided for in this Section, Detention Basins will be
required for developments within the following watersheds.
Little Deer Creek - F212
. Upstream of Main Street
Little Cedar Bayou - F216
. Upstream of State Highway 146
Big Island Slough - BI06
· All segments
Spring Gully - B] 09
. All segments
Willow Spring Bayou - B 112
. All segments
Taylor Bayou - AI04
. Al] segments
The listed watersheds are shown on Figure 3.
Stormwater Criteria Page 4 of 10
5S I Design Standards for Detention Basins
Detention requirements for developments less than 50 acres shall be according to the following table. For
developed areas of 10 acres or less, the required volume equals the total development area times the
appropriate storage coefficient. For areas greater than 10 acres and less than 50 acres the volume is
determined by applying Harris County Flood Control District criteria for small watersheds.
Table 2
Developed Area
o to 3 acres
3 to 10 acres
I 0 to 50 acres
Storage Coefficient
0.20 acre f1. / acre
0.45 acre ft. / acre
per HCFCD criteria
For developments larger than 50 acres, Harris county Flood Control District and the City Engineer shall
approve the detention facility criteria.
5.2.2 Outlet Sizing
1. The outlet structure shall be designed using the orifice equation as follows:
Q = CA X (2gh)%
Where,
C =0.8
A = cross sectional area
g = 32.2 feet / sec^2
h = head differential
For head differential use 2' or the IOO-year water surface in pond minus the 25-year
water surface in receiving channel, if available.
2. Minimum restrictor shall be 6" diameter.
5.5.3 Additional Standards for Detention Basins
The detention facility shall be designed for easy maintenance. For smaller developments the designer is
encouraged to use parking lots, underground piping, swales, green spaces, etc. to achieve the volume
required.
For larger developments every consideration shall be given to designing of the facility for multipurpose
use, such as playgrounds, miniparks, required green spaces, etc. to assure that maintenance will be
accomplished. The design shall include the following:
I. an earthen detention basin shall have minimum side slopes of 4: I and a minimum bottom width
of ten feet;
2. the bottom of the detention basin shall have a minimum 0.50% cross slope to facilitate quick
dramage.
3. a v-shaped trickle channel a minimum of 5' wide, six-inch thick, reinforced concrete shall be
constructed through the detention basin at a longitudinal slope of 0.20% to accommodate low flow
and facilitate rapid drainage. For developments less than 3 acres, the trickle channel may be 2 feet
wide and 4" thick.
4. a minimum 12-foot wide maintenance berm shall be provided around the perimeter of the
detention facility.
5 ingress and egress for maintenH11ce including a dedIcated right-of-way if required. shalJ be
provided to the detention basin and clearly shown on the construction drawings or site plan
subdivision plat
Stormwaler Criteria Page 5 of 1 (I
6. the detention basins, slopes, bottom, maintenance berm, and other associated right-of-way shall
be final graded with a minimum of 6" top soil the hydro-mulch or drill-seeded and watered to
facilitate full grass coverage.
7. parties responsible for maintenance of the detention facility must be shown on the plat or plans.
8. Pumped detention systems may be allowed with specific approval from the City Engineer.
5.5.4 Ownership and Maintenance of Facilities
The City will not accept maintenance of on site facilities that serve only one tract or development, unless it
is determined to have other public benefits, is recommended by staff and approved by the Planning and
Zoning Commission.
Harris County Flood Control District may, at their discretion, accept maintenance of facilities, provided
they are designed in accordance with the District's criteria manual. Requests for Harris County Flood
Control District to assume maintenance of any facility should be coordinated with the City prior to any
development approvals.
5.6 ADDITIONAL DESIGN REQUIREMENTS
5.6.1 Discharge Points
The developer shall terminate all drainage improvements at a discharge point approved by the City The
developer shall design and construct such discharge point, or outlet, to prevent damage to or overflowing
into adjacent property The City may require creek improvement, channel lining, energy dissipaters or
other improvements for such outlet to prevent erosion or increase the flow capacity.
Finished elevations of new pavement, parking areas, or other improvements shall be designed so that each
succeeding high point is lower when moving in a downstream direction. This ensures the laO-year
discharge has an unobstructed path to the discharge point whether discharging to a channel or detention
pond.
5.6.2 Public Streets as Drainage Facilities
1. Maximum depth of water to be allowed in local streets during design flow shall be at the top
crown, or top of curb, whichever is less
2. Maximum spread of water in collector streets during design flow shall allow for one clear lane
of traffic (12 feet wide).
3. Maximum spread of water in arterial streets during design flow shall allow for two clear lanes
of traffic (24 feet wide).
5.6.3 Drainage Channels and Structures
1. The developer shall install an underground storm drain on curb and gutter streets beginnmg at
the point where calculated storm water runoff is of such quantity that it exceeds the height
specified above. The developer shall construct the storm drain system from the point to an
approved outlet.
2. For non-curb and gutter streets, the developer may use open channel (channel or ditch) methods
o dispose of storm water specified above. Such channels may be in dedicated draining easements
outside the standard street right-of-way upon City approval of the location and alignment of such
easements Alternatively, the developer may widen the street right-of-way to accommodate an
open channel of greater capacity than the standard street/ditch section
3. lfthe developer locates the channel in a widened street right-of-way, the City shall approve the
right-of-way width and channel configuration. the depth of flow In the channel shall not exceed
one (1) foot as measured from the ditch flowline to the point on the roadway established as the
high water level in this section.
Stormwaler Criteria rage 6 of 10
4. The developer shall design and construct all channels to terminate at an approved outlet
5.6.4 Habitable Structures
The developer shall provide adequate means for storm water run-off in excess of the "design storm"
capacity (Le., 3, IO-year storm) to flow around habitable structures.
a.) The developer shall provide a grading/drainage plan which shows that all building sites can
provide a finished floor elevation;
(1) At least one foot(1 ') above the top of the curb using the highest point along the
portion of such curb fronting the building site, or
(2) At least eighteen inches (18") above the crown of the road elevation, using the highest
point along the portion of such road fronting the building site.
(3) At least on foot above the ground elevation along all sides of the building site.
b.) In addition to paragraph (a) above, the developer shall provide a grading/drainage plan which
meets or exceeds the provisions of Chapter 94, Code of Ordinances, Flood Hazard Reduction.
c.) The developer shall design and construct all streets to minimize any fill required to bring
building pads into compliance with this code.
d.) Alternate methods of building protection may be accepted by the City upon submIttal of
detailed information, review and approval by the City Engineer.
5.6.5 Drainage System Cntena
If an underground drainage system is required, and a 60-inch or smaller pipe will handle the
design slow, pipe shall be used. If a 60-inch pipe is not adequate, the developer has the option to
use concrete pipe or natural and/or a lined drainage channel. If pipe is selected, the maximum
allowable velocity shall be 8fps in the pipe. Lining materials, if used, shall be approved by the
City.
5.6.6 Public storm sewers are defined as sewers and appurtenances that provide drainage for a public
right-of-way, or more than one private tract, and are located in public right-of-way or easement,
private storm sewers provide internal drainage for a reserve or other tract. Private storm or sewer
connections to public storm sewers shall occur at a manhole or at the back of an inlet as approved
by the City Engineer. All private storm sewers within the public flght-of-way shall be constructed
in conformance with the Standards.
5.6.7 All construction shall conform with the City of La Porte Construction Details.
5.6.8 All storm sewers shall meet or exceed the requirements of the "Drainage Criteria Manual for
Harris County, Texas" and the requirements of the City of La Porte.
5.7 LOCATION OF STORM SEViER
5.7.1 Public storm sewers shall be located within a public street right-of-way or storm sewer easement,
dedicated to the public and adjoining a public street right-of-way Storm sewers through side lot
drainage easements are highly discouraged. Limited use may be approved at the discretion of the
City Engineer. If approved, a minimum twenty-foot (20') wide easement is required (10' on each
lot).
5.7.2 Recommended alignment within a public street right-of-way.
A Boulevard pavement section with median - along centerline of the right-of-way.
Slormwatcr Criteria Page 7 of 10
B Undivided pavement section five feet (5') inside the right-of-way. For stonn sewer
located in a public street right-of-way, a minimum of two-foot (2') shall be maintained
inside the right-of-way line to the outside edge of the stonn sewer unless otherwise
accompanied by an adjacent easement.
C. Alternate locations for a stonn sewer will be permitted by the City Engineer.
5.7.3 Recommend alignment within an exclusive storm sewer easement.
A Storm sewers placed in easements shall conform to the requirements of Section 2.4.5
B. Storm sewers within easements shall be placed no closer than five feet (5') measured
from the outside edge of the pipe to the edge of an easement, except when adjoining
another easement or public right-of-way where the distance may be reduced to two feet
(2'). The storm sewer shall be placed in the center of the easement. When the stor111
sewer easement adjoins a public right-of-way, the easement may be reduced to a
minimum of ten feet (10') and the storm sewer may be aligned close to the right-oF-way
line, as long as required clearances are met, with specific approval of the City Engineer.
5.8 STORM SEWER MATERIALS
5.8.1 Storm sewer and culvert pipe shall be precast reinforced concrete pipe, unless specifically
approved by the City Engineer. Concrete pipe shall be manufactured in conformance with the
requirements of ASTM C 76, " Reinforced Concrete Culvert, Storm Drain, and Sewer Pipe,"
current revision. Reinforced concrete pipe shall be Class III or stronger. The design engineer
shall provide for increased pipe strength when conditions of the proposed installation exceed the
allowable load for Class III pipe. All concrete pipe constructed in water-bearing soil or forty-two
inched (42") in diameter or larger, shall have rubber gasket joints meeting the requirements of
ANSI/ASTM C 443, "Joints for Circular Concrete Sewer and Culvert pipe, Using Rubber
Gaskets", current revision. Concrete pipe with diameter of less than forty-two inches (42") may
be installed using pipe with tongue and groove type joint and Ram-nek, or approved equal, as a
joint fIller. When specifically approved by the City Engineer, reinforced concrete arch and
elliptical pipe conforming to ASTM C506 and ASTM C507, respectively, current revision, may be
instaUed in lieu of circular pipe. Reinforced concrete box culverts shall meet the minimum
requirements of ASTM C789, "Precast Reinforced Concrete Box Sections for Culverts, Stoml
Drains, and Sewers", current revision. pipe joints for arch and elliptical pipe and box culverts
shall be sealed using Ram-nek or approved equal.
5.8.2 Storm sewer outfalls into open channels shall be constructed using corrugated steel pipe.
Corrugated steel pipe shall be manufactured in conformance with the requirements of
AASHTO Designation M-36-82, current revision. Pipe material shall be Aluminized Steel Type
2, meeting the requirements of AASHTO Designation M-27-79I, current revision, or Pre-coated
Galvanized Steel, AASHTO M-246, 10 mil coating on both sides. All pipe shall have a full
double coating, Type A, in accordance with AASHTO Designation M-190, current revision. Pipe
joints and fittings shall meet the minimum requirements of these specifications and shall have an
O-ring gasket seal meeting the requirements of AASHTO C-361, current revision. (See City of La
Porte Construction Details).
5.8.3 Storm sewer outfalls shall have a slope protection to prevent erosion Slope protection may be
constructed of slope paving or rip rap. Slope paving shall be four-inch (4") five (5) sack concrete
with six-inch by six-inch (6" x 6") welded wire mesh (W14 x W14) or three eighths inch (3/8")
steel rebar on twenty-four-inch (24") centers, each way. Rip rap shall be a minimum of six-inch
(6") broken concrete rubble with no exposed steel or well-rounded stone and shall be a minimum
of eighteen inched (18") thick. Slope protection texturing shall be required where public access
likely Refer to the Construction Details for minimum dimensions.
Stormwalcr Critcri a Page 8 of 10
5.9 ADDITIONAL REQU1REMENTS
5.9.1 Minimum depth of stonn sewer (measured to the top of pipe) shall be twenty-four (24") below the
top of curb or finished grade, whichever is lower. Minimum size storm sewer for main land and
inlet lead shall be eighteen inch (I 8").
5.9.2 Storm sewers shall be bedded using cement stabilized sand (See specification in Section 4.2.3) as
shown in the City of La Porte Construction Details.
5.9.3 Pipe requirements.
A. Reinforced concrete pipe installed at a depth greater that thirty feet (30') shall be designed by the
engineer for the specific installation and approved by the City Engineer, Reinforced concrete pipe
shall be designed in accordance with the American Concrete Pipe Association, "Concrete Pipe
Design Manual", Maximum cover on the pipe shall be measured from the top of pipe to the
ultimate finished grade or natural ground, whichever is greater.
B. Conugated steel pipe shall have a minimum thickness as follows:
PIPE SIZE
(Inches) Corrugations (Inches
242-2/3" X 1/2"
30- 482.2/3" X 1/21
54-723'tX ]" or 511 X I"
78- 102311 X I" or 5" X I"
MINIMUM THICKNESS
0.052
0.064
0.064
0.079
Bedding for conugated steel pipe shall be cement-stabilized sand. Corrugated steel pipe less than
or equal to fifty-four inches (54") in diameter and less than thirty feet (30') deep shall have the
minimum thickness given above.
C. Design storm flow in a street shall not exceed the capacity of the street, for the water surface equal
to the top or curb and shall not exceed the inlet capacity. Design storm flow shall meet Harris
County criteria.
D. All bridges must be a minimum of eighteen inches (18") above the laO-year water surface
elevation or in accordance with the Federal Emergency Management Agency (FEMA)
regulations, latest revisions, or HCFCD requirements, whichever is greater
5.9.4 Storm sewers less that forty-two inches (42") in diameter shall be constructed on a straight
horizontal and vertical alignment between manholes. Storm sewers greater than or equal to forty-
two inches (42") in diameter may be laid along a curve using manufactured bends of less than or
equal to ll'/.'.
5.10 APPEARANCES
5. J 0.1 Manholes
A. Manholes shall be placed at all changes in alignment, grade and size of the storm sewers.
at the intersection of two or more storm sewers~ at all inlet leads; and at the end of all
storm sewers.
B. Maximum spacing between manholes shall be six hundred feet (600')
C. Manhole covers shall be cast iron, traffic bearing, type ring and cover with the words
"storm sewer" cast into the cover.
Stormwaler Criteria Page 9 of 10
5.10.2 Inlets
A Curb inlets shall be spaced and sized to intercept the calculated runoff for the design
stOlTIl. The water surface elevation at the inlet shall be less than or equal to the top of
curb for the design storm flow.
B. Maximum travel distance of water in the street to a curb inlet shall be three hundred feet
(300') on a major thoroughfare and in a commercial area The maximum travel distance
of water in the street permitted in a single-family residential area shall be four hundred
feet (400')-
C. No Valley Gutter without prior approval.
D. Curb inlets should be on the intersecting side street at intersections with II major
thoroughfare. The City Engineer shall specifically approve loc-'lltions at intersections.
E. Grated inlets will not be permitted in an open ditch.
F. Backslope swale interceptors shall be placed in accordance with the requirement,> of
Harris County.
G. Curb inlets shall have solid inlet lids, Grate or Curb and Grate inlets shall not be allowed
for residential subdivisions. Curb inlets shall be recessed, unless otherwise directed by
the City Engineer.
H. Backfill around inlets llnd to top of first stage inlet with cement stabilized sand.
Stormwater Criteria Page 10 of I 0
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FIGURE 4
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Appendix E
HCFCD Right of Way GIS Data
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Legend
- - Streets
_ HCFCD Right Of Way
- Open Channel Drainage
City of La Porte
Body of Water
k lot z l~1 ass 0 C I ate s
RIGHT OF WAY MAP
CITY OF LA PORTE
CITY-WIDE DMINAGE STUDY
EXHIBIT
E
A
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: J
Requested By:
Appropriation
Source of Funds:
HotelJMotel Funds
Department: Parks & RecreatiOll nq,m1ment
Acc't Number:
N/A
Report: _Resolution: _Ordillance:_
Amount Budgeted:
Exhibits:
Agreement - Version A
Agreement - Version B
Amoallt Requested:
Exhibits:
Bud eted Item:
\"ES
NO
SUMMARY & RECOMMENDATION
Staff received. a request to review the current Agreement with the La Porte-Bayshore Heritage
Society pertaining to operations of the Sylvan Beach Depot facility due to a shortage of available funding by
the Society to meet i1s operational needs. Council was presented these ideas at the last Council Retreat The
Legal Department bas written two draft agreements with two courses of action to be considered. The La Porte-
Bayshore Heritage Society is asking the City of La Porte to take either of the following courses of action in a
revised agreement
· Version A - to purchase the Sylvan Beach Depot and Original Library Building from the La
Porte-Bayshore Heritage Society for a nominal sum, and agree to other operational services
as outlined below, OR
· Version B - to continue the lease agreement with the buildings remaining the property of
the La Porte-Bayshore Heritage Society with the city perfonning other operational services
for the facilities as follows:
o The City to assume responsibility for electricity. natural gas and other utIlities for both buildings.
o The City to assume responsibility for liability and property insurance coverage for the buildings
including wind and flood insmance, contents, and other property (ie. antique car). The property
insurance would provide funds at a replacement level. not a restoration level. in the event the
buildings were severely damiged or destroyed.
o The City to assmne responsibility for janitorial service for the buildings.
o The City to assmne responsibility for minor repairs. and interior and exterior maintenance of the
buildings in Version B, and to assmne responsibility for all repairs with ownership of the buildings in
Version A
o The La Porte-Bayshore Heritage Society would agree to operate the Depot and Original Library
as a museum with a minimum of 480 public homs of operation annually.
o The City would provide funding in the amount of $5.000 ammally to fund a docent to give tours
to the public as well as to conduct and inventory and cataloguing of the museum collection to
meet the above requirement.
Making these changes will add somewhat to the City's expense of operations for the total facility in the
short term, and may result in considerably more expense over the proposed twenty year life of the agreement.
The two ~ions are virtually identical with the difference being the purcbase of the buildings by the City in
Version A, and the Society retaining ownership in Version B. The Heritage Society bas agreed by its board, to
sell the buildings to the City of La Porte if that is Council's cha.;en course of action. Costs f(J" assutq>tion of the
operational changes listed above for the City of LaPorte is approxirmtely $15,000 per year, with periodic
increases for inflation. etc.
There are advantages and disadvantages to both agreements for both parties. It is advantageous from a
future grant standpoint for ownership to Tetmin with the Heritage Society. The Society will be well served by
either agreement in that, with approval. it won't have to worry about maintenance and care and can concentrclte
on i1s mission of historical preservation. Upon approval of either course of action, the appropriate agreement WIll
be presented to the Heritage Society board for approval, and then to City Council for approval If Council agrees
to purchase the buildings (Version A) the necessary sale papers will need to be written by the City Attorney's
Office.
entia
J.J-~ ti>~
Dae
Ron Bottoms, City Manager
AGREEMENT OF LEASE - Version A
This Agreement of Lease made by and between the CITY OF IA PORTE, a :itlUfiicipal
COI}X)Cation, known herein as LESSOR and the LA PORTE-BAY AREA HERITAGE SOCIETY, known
herein as LESSEE, bJth of Harris County, Texas,
WITNESSE TH:
LESSOR does, by these JRSe11fs, lease and dern5e unto LESSEE the fbllowing described real
}'rOperty, lying and being situated in the City of La Porte, Harris County, Texas, and improvements
situated thereon, said improvements having been purchased by LESSOR from LESSEE by
separate written instrument dated , and attached hereto as Exhibit A, to-wit:
1) l.ofs Seven (7) through Sixteen (16), 00d1 inclusive, in Block Fifty (50) of SYLVAN
BEACH FIRST SUBDMSION, an ~ in lJarric; County, T~ ocardingtothe~ oc
plat tbereofrecorded in Volume 3, Page 72 of the Map Records of Harris CO\.Ulty, Texas,
feferenceto which is here made for all purposes.
2) railroad depot building;
3) library building;
which together are refared to herein as "demised premises", upon the tc."l'1:t5, conditions, rovenams,and
agreements fbllowing:
I.
The tenn of this lease shall be for a period of twenty years, beginning on the 1st day of February
2008, and ending on the 30th day of February 2028.
n.
As consideration for the use and occupancy of the demised premises, lESSEE hereby agrees,
obligates and binds itself unto lESSOR, in lieu of the payment of rent or other monetary consideration, to
operate the existing depot building and library (and any future acquired buildings placed on the
real property made the subject of this lease), as museums. Furthermore, LESSEE agrees that it
Page 1 of6
must keep the depot building, library, and any additional improvements or structures, open to the
public for a minimum of 480 hours per calendar year, except as provided below.
In connection therewith, LESSOR agrees to remit to LESSEE the amount of $5000.00
per calendar year, with payment to be made to LESSEE on January 1 of each year during the
lease term, for the purpose of funding a docent to inventory and catalogue collection, and to aid
LESSEE in meeting its obligation to keep the depot building, library, and any additional
improvements or structures open to the public for 480 hours per calendar year (for each year said
$5000 payment is received by LESSEE). However, during the ftrst full calendar year in the lease
term, from January 1, 2008 to December 31, 2008, LESSEE shall be responsible for keeping
depot building, library, and any additional improvements or structures open to the public for a
total of 240 hours. For such purposes LEESEE shall be required to furnish written records to
LESSOR evidencing that it has kept the depot building, library, and any additional
improvements open to the public for the requisite number of hours per calendar year, as
established herein, on or before September 30 of each year durin~ the lease term. LESSEE shall
be solely responsible for funding all expenses necessary to operate the leased premises,
exceeding the $5000 amOUIlt provided by LESSOR.
ill.
LESSOR agrees to the use by LESSEE of certain structural improvements, including a
railroad depot building, and library building, which are and shall be continually owned by
LESSOR. In connection therewith, LESSOR agrees to pay charges for the use of water, sewer,
and garbage collection for the operation of said structural improvements, and shall pay all
charges for the use of electricity, natural gas, and other utilities, as the same may become due,
during the full term of this lease, for the operation of the structural improvements.
LESSOR will also provide regular janitorial service to support the operation of said railroad
depot building and library building, as well as any structures added to the premises.
LESSOR shall provide maintenance of all grounds located on the leased premises.
Page 2 of6
IV.
In addition, LESSOR shall be responsible for all regular and routine
interior and exterior maintenance of said structural improvements, including both minor repairs
d. ftl' .
an major structurci1 mamtenance or repa1fS.
V.
LESSOR agrees to obtain and maintain at its sole cost and expense, public liability
insurance to protect LESSOR and LESSEE against all loss or damage from the claims of all
persons who may be in or on the leased premises by the invitation, consent or sufferance
of LESSEE or LESSOR. Such public liability insurance shall have minimUm bodily injtify
limits of $100,000 for each person and $300,000 for each accident, with respect to any accident
occurring on the leased premises. Despite the forgoing, LESSEE shall indenmify and save
LESSOR harmless from any and all liability, damage, expense, cause of action, suits, claims or
judgments arising from injury, to person or property on the demised premises which may arise
out of the act, failure to act, or negligence of LESSEE, its agents or employees, and shall
carry suitable insurance naming LESSOR as an additional named insured, in this regard.
LESSOR also agrees to maintain property damage and casualty insurance on the leased
premises, and to assign the proceeds of any claim for the loss or damage to the structural
improvements located on the leased premises, to LESSEE. However, in the instance that an
insurable event occurs and LESSOR'S insurance carrier provides coverage for the amount of
claimed loss, LESSEE agrees to fund any applicable deductible otherwise payable by LESSOR.
If any structural improvement on the leased premises shall become damaged to the extent that
the cost of repair or replacement, as the case may be, shall exceed $25,000.00, as determined by
LESSOR'S insurance property damage carrier, then LESSOR shall be under no obligation to
assign the proceeds of such claim beyond the amount of said $25,000.00. As such, it shall be the
responsibility of LESSEE to maintain a separate insurance policy to insure the leased premises
Page 3 of6
fot all loses in exCess of $25,000.00.
VI.
LESSEE agrees that should any additional improvements or structures be placed on the
real property made the subject of this lease, regardless of whether owned by LESSOR or
LESSEE, such improvements or structures shall automatically be made subject to the terms of
this lease agreement, and for such purposes shall be included within the definition of "leased
premises" as defined herein. Furthermore, LESSEE agrees that before LESSEE may place
additional improvements or structures on the real property made the subject of this lease, it shall
first secure the written permission of LESSOR.
VII.
In case of default of any of the aforesaid covenants, LESSOR may enforce the
performance thereof in any modes provided by law, and may declare the lease forfeited at its
discretion, and LESSOR, its agents or attorneys, shall have the right, without further notice or
demand, to re-enter and remove all persons therefrom without being deemed guilty of any
manner of trespass and without prejudice to any remedies for arrears of rent or breach
of covenant, or LESSOR, its agents or attorneys, may resume possession of the premises and re-Iet
the same for the remainder of the term for the best rental it may obtain, for account of LESSEE,
which shall make good any deficiency; and LESSOR shall have a lien as security for the rent
aforesaid upon all the improvements, additions, equipment and other personal property
which LESSEE may place on the leased premises.
VITI.
The permitted use of the demised premises is for a site for museums to house historical
memorabilia of the La Porte-Bay Area and related activities, and for no other purpose. LESSEE,
in the use and occupation of the demised premises and in the prosecution or conduct of any
business therein, shall comply with all requirements of all laws, orders, ordinances, rules
Page 4 of6
and regulations of the Federal, State, County and Municipal authorities. LESSEE covenants that it
will not use or permit to be used any part of the demised premises for any dangerous, noxious, or
offensive trade or business and will not cause or maintain any nuisance in, at, or on the demised
premises. LESSOR, its agent or attorney, shall have the right to enter upon said premises
and to inspect the same during reasonable hours.
This lease is not assignable.
Page 5 of6
WITNESS OUR HANDS, this the day of, effective
LA PORTE-BAY AREA HERITAGE SOCIETY
By:
Ann Malone,
President
ATTEST:
Secretary
CITY OF LA PORTE
By:
Ahon E. Porter,
Mayor
ATTEST:
Martha Gillett,
City Secretary
APPROVED AS TO FORM:
Clark T. Askins,
Assistant City Attorney
Page 6of6
AGREEMENT OF LEASE - Version B
This Agreement of Lease made by and between the CITY OF LA PORTE, a mmicipal corporation,
known herein as I.ESSOR, and the IA PORTE-BAY AREA HERITAGE SOClETY, known herein as
LESSEE, both of Harris County, Texas,
WITNESSE TH:
LESSOR 00es, by these JXeSeOfs, lease and demise unto LESSEE the following desaibed real property,
lying and being situatOOinthe City of La Porte, Harris County, Texas, to-wit:
Lots Seven (7) ~ Sixt~~~ both inclusive, in Block Fifty (50) of SYLVAN BEACH
FIRST SUBDIVISION, an .. inHaris Coonty, Texas, ~tothermporplat thereof
recorded in Volwne 3, Page 72 of the Map RecOrds of Harris COunty, Texas, reference to
which is here made for all purposes.
tefetltdto herein as "demised premises", upontheterms, conditions, covenants, andagreerrents following:
1.
Thetenn of-this lease shall be for a period of twenty years, beg1nning on the 1 st day ofFelruary 2008,
and ending on the 30th day of February 2028.
n.
As consideration for the use and occupancy of the demised premises, lESSEE hereby agrees, obligates
and DOOs :itself urto LESSOR, in lieu of the payment of rent or other tronetary consideration, to operate the
existing depot building and library owned by LESSEE (and any future acquired buildings placed on
the real property made the subject of this lease), as rrmseutIlS. Furthermore, LESSEE agrees that it
rrmst keep the depot building, library, and any additional improvements or structures, open to the
public for a minimum of 480 hours per calendar year, except as provided below.
In connection therewith, LESSOR agrees to remit to LESSEE the amount of $5000.00 per
calendar year, with payment to be made to LESSEE on January 1 of each year during the lease term,
for the purpose of funding a docent to inventory and catalogue collection, and to aid LESSEE in
meeting its obligation to keep the depot building, library, and any additional improvements or
structures open to the public for 480 hours per calendar year (for each year said $5000 payment is
received by LESSEE). However, during the first full calendar year in the lease term, from January
B Page 1 of?
1, 2008 to December 31, 2008, LESSEE shall be responsible for keeping depot building, library,
and any additional improvements or structures open to the public for a total of 240 hours. For such
purposes LEESEE shall be required to furnish written records to LESSOR evidencing that it has
kept the depot building, library, and any additional improvements open to the public for the
requisite number of hours per calendar year, as established herein, on or before September 30 of
each year during the lease term LESSEE shall be solely responsible for funding all expenses
necessary to operate the leased premises, exceeding the $5000 amount provided by LESSOR.
III.
LESSOR agrees to the placement on the leased premises of certain structural improvements,
including a railroad depot building, and library building, which are and shall be continually owned
by LESSEE. In connection therewith, LESSOR agrees to pay charges for the use of water, sewer,
and garbage collection for the operation of said structural improvements, and shall pay all charges
for the use of electricity, natural gas, and other utilities, as the same may become due, during the
full term of this lease, for the operation of the structural improvements. LESSOR will also
provide regular janitorial service to support the operation of said railroad depot building and
library building, as well as any structures added to the premises. LESSOR shall provide
maintenance of all grounds on the leased premises.
IV.
In addition, LESSOR shall be responsible for all regular and routine interior
and exterior maintenance of said structural improvements, including minor repairs. However,
LESSOR's obligation to perform interior and exterior maintenance, including minor repairs, shall not
extend to major structural maintenance or repairs. LESSEE shall be solely responsible for funding
and performing all such major structural maintenance andlor repairs. Furthermore, should LESSOR
identify a need for major structural maintenance and/or repairs of any structural improvement on the
premises, LESSEE shall after receiving written notice of same from LESSOR promptly perform or
contract for the maintenance or repair of the subject structural improvement, but in no case later than
thirty (30) from receipt of notice from LESSOR
B Page 2 of7
v.
LESSOR agrees to obtain and maintain at its sole cost and expense, public liability insurance
to protect LESSOR and LESSEE against all loss or damage from the claims of all persons who may
be in or on the leased premises by the invitation, consent or sufferance of LESSEE or
LESSOR. Such public liability insurance shall have minimum bodily injury limits of $100,000
for each person and $300,000 for each accident, with respect to any accident occurring on the leased
premises. Despite the forgoing, LESSEE shall indemnify and save LESSOR harmless from any and
all liability, damage, expense, cause of action, suits, claims or judgments arising from injury, to
person or property on the demised premises which may arise out of the act, failure to act, or
negligence of LESSEE, its agents or employees, and shall carry suitable insurance naming LESSOR
as an additional named insured, in this regard.
LESSOR also agrees to maintain property damage and casualty insurance on the leased
premises, and to assign the proceeds of any claim for the loss or damage to the structural
improvements located on the leased premises, to LESSEE. However, in the instance that an
insurable event occurs and LESSOR'S insurance carrier provides coverage for the amount of
claimed loss, LESSEE agrees to fund any applicable deductible otherwise payable by LESSOR. If
any structural improvement on the leased premises shall become damaged to the extent that the cost
of repair or replacement, as the case may be, shall exceed $25,000, as determined by LESSOR'S
insurance property damage carrier, then LESSOR shall be under no obligation to assign the
proceeds of such claim beyond the amount of said $25,000. As such, it shall be the responsibility of
LESSEE to maintain a separate insurance policy to insure the leased premises for all loses in excess
of $25,000.
VI.
LESSEE agrees that should any additional improvements or structures be placed on the real
property made the subject of this lease, regardless of whether owned by LESSOR or LESSEE, such
improvements or structures shall automatically be made subject to the terms of this lease agreement,
and for such purposes shall be included within the definition of "leased premises" as defined herein.
B Page 3 of7
Furthermore, LESSEE agrees that before LESSEE may place additional improvements or structures
on the real property made the subject of this lease, it shall first secure the written permission of
LESSOR.
VIT.
In case of default of any of the aforesaid covenants, LESSOR may enforce the performance
thereof in any modes provided by law, and may declare the lease forfeited at its discretion, and
LESSOR, its agents or attorneys, shall have the right, without further notice or demand, to re-enter
and remove all persons therefrom without being deemed guilty of any manner of trespass and
without prejudice to any remedies for arrears of rent Of breach of covenant, or LESSOR,
its agents or attorneys, may resume possession of the premises and re-Iet the same for the remainder of
the tenn for the best rental it may obtain, for account of LESSEE, which shall make good any
deficiency; and LESSOR shall have a lien as security for the rent aforesaid upon all the
improvements, additions, equipment and other personal property which LESSEE may place on
the leased premises.
VID.
The permitted use of the demised premises is for a site for museums to house historical
memorabilia of the La Porte-Bay Area and related activities, and for no other pmpose. LESSEE, in
the use and occupation of the demised premises and in the prosecution or conduct of any
business therein, shall comply with all requirements of all laws, orders, ordinances, rules and
regulations of the Federal, State, County and Municipal authorities. LESSEE covenants that it will
not use or permit to be used any part of the demised premises for any dangerous, noxious, or offensive
trade or business and will not cause or maintain any nuisance in, at, or on the demised premises.
LESSOR, its agent or attorney, shall have the right to enter upon said premises and to inspect
the same during reasonable hours.
This lease is not assignable.
B Page 4 of7
WITNESS OUR HANDS, this the day of,
ATTEST:
Secretary
ATTEST:
Martha Gillett,
City Secretary
APPROVED AS TO FORM:
Clark T. Askins,
Assistant City Attorney
effective
LA PORTE-BAY AREA HERITAGE SOCIETY
B Page 5 of7
By:
By:
Ann Malone,
President
CITY OF LA PORTE
Alton E. Porter,
Mayor
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:
Source of Funds: NA
Account Number: NA
Department: Plannin2
Amount Budgeted: NA
Report:
X Resolution: _Ordinance:
Exhibits:
SUMMARY
The following represents an updated status of the Capital Improvement Projects being monitored by the Planning Department:
Project 709 - City Wide Sidewalk Replacement Project (06-07): Project is complete.
Project 709 - City Wide Sidewalk Replacement Project (07-08): This project has a budget of $50,000. Staff
is currently compiling quantities and locations for proposed replacement. The goal is to bid the project April/May 2008 and
begin construction June/July 2008.
Project 725 - Participation in Water and Wastewater Line Oversizin2: The City has awarded monetary
participation for Mr. Sam Ghandi for the extension of infrastructure within the 13th Street right-of-way from "K" to "L" Street.
The projected amount of City money for this extension is not to exceed $21,600. The Council agreed to 18% of the total
project costs for the oversizing of the sanitary sewer, storm sewer and of the extension of 13th Street.
Project 788 - Fairmont Parkway Expansion to 6 lanes (with Harris Co.): No construction activity to report
on this project as it is still in design phase.
Project 847 - FI0l Watershed Channel Improvements: No activity to report.
Project 849 - F216 Watershed Study Recommendations: The City is still waiting to hear about a potential
FEMA grant that would make this project viable. Design has been complete and the necessary permits from USACE are being
sought.
Project 859 - Northside Community Plan: Paving and installation of a water line to support N. 7th Street have been
completed and accepted by Harris County. The first two (2) of five (5) homes being built by HUD grant funding will be
complete by January 31, 2008, and a notice to proceed has been issued for the three (3) remaining homes. The linear
pedestrian connectivity with amenities planned for the E Street ROW between 2nd and 7th Street is in design. An additional
HUD grant in the amount of $460,000 to build four (4) additional homes along the newly paved 7th Street has been tentatively
awarded to La Porte with final confirmation pending.
Project 878 - Geo2raphic Information System: New GPS service and equipment has been procured through
Cornerstone Measurement Solutions allowing GIS Staff to resume the collection of point and field data to complete the survey
phase of the City's Utility Mapping Program. Present efforts have been concentrated on completion of the Fairmont Park
Subdivisions where surveying of sanitary sewer mains require entry onto private properties.
Project 905 - Texas Avenue Streetscape: The City has solicited and received a proposal from PBK Architecture for
design of the Texas Street Project. The proposal is currently within budget. A meeting is pending to refine the scope of work.
Budget is $30,000.
Project 915 - Lift Station #40: Project is complete and closed.
Proiect 918 - S. La Porte Trunk Sewer: This project is completed up to Phase II, Lift Station 6, which is under
contract for design.
Project 927 - City Wide Sidewalk and Wheelchair Ramp In-fill Project (06-07): The goal is to construct
approximately 11,000 square feet of new sidewalk. The City has entered into contract with Brooks Concrete, Inc. for $58,000
to complete the work. The project to date is 24% complete expending $14,100 with the installation of 2,593 square feet of new
sidewalks and 6 wheelchair ramps.
Proiect 927 - City Wide Sidewalk and Wheelchair Ramp In-fill Proiect (07-08): This project has a
budget of $50,000. Staff has identified areas that warrant new sidewalks throughout the City. A presentation was made to City
Council in December 2007 as a workshop item. Areas of new sidewalks were proposed on a priority basis with a route to
school attaining the highest priority. The target areas for this budget year are North 3rd Street and West "F" Street. These
projects shall require a route survey and design. Anticipated bidding for the project is late in the third quarter with construction
in the fourth quarter.
Proiect 928 - Librarv Roof Repair: This is a project with a budget of $24,150. The repair consists ofreplacing the
hip and ridge vent caps of the main building. The City issued a Purchase Order to MCT Sheetmetal, Inc. in the amount of
$24,543. The budget overage is being absorbed by the Library's Maintenance budget. The project is physically complete
awaiting final inspection and the engineer's windstorm certificate.
Proiect 931 - Laser Fiche: The Department is finalizing the list of documents to fit the budgeted amount of$29,800.
Proiect 935 - Fire Trainim! Facility Classroom Addition: The project is in the 2000 series General Obligation
Bond Fund. The addition shall provide approximately 3,000 square feet for training. The project has a current budget of
$150,000 as shown in the 06/07 annual budget. The Fire Department, in conjunction with the Planning staff, developed a
preliminary floor plan and scope of work. The goal is to proceed on the basis as being a designlbuild project. The general
contractor shall deliver a desired product at a negotiated price. The short term goal is to identify all the needs and to establish
minimal design criteria to acquire a preliminary construction cost estimate from a reputable general contractor.
Proiect 941 - 908/912 West Main: This project, in the amount of $50,000, is for continued repairs of the buildings.
The City recently issued purchase orders for an overlay of the roof at 908 with Monument Constructors, Inc. in the amount of
$23,738. The new roof comes with a twenty (20) year warranty and work is anticipated to begin in February. Also a purchase
order was issued to Economy Air Systems, Inc in the amount of $8,875 for the installation of a new roof top air conditioning
unit and duct for the proposed conference room to be located in what is now the garage. Work is to be scheduled after the
completion of the roof.
Proiect 943 - City of La Porte Golf Course Cart Path Maintenance Proiect: This is a 2007 Certificate of
Obligation Bond Fund (049) project. Construction is currently underway to replace approximately 59,000 square feet of cart
path for the contract price of $287,000. The project to date is 61 % complete, replacing 36,000 square feet of cart path at a cost
of $176,000. Completion of the project has been slow in coming due to inclement weather and working around the course's
tournament schedule. To minimize damage to the course, access to the work site is being regulated pending site conditions.
Proiect 945 - Street/Draina2:e Participation: The City of La Porte has awarded monetary participation for Mr. Sam
Ghandi for the extensionloversizing of paving and drainage infrastructure within the 13th Street right-of-way from "K" to "L"
Street. The storm sewer will continue from this point to the existing detention facility at "M" Street. The projected amount of
City money for this infrastructure extensionloversizing is not to exceed $56,000, which is roughly eighteen percent of the total
projected costs for paving and drainage.
Proiect 946 - GIS Implementation Plan Update & Database Improvements: Our original GIS
Implementation Plan calls for "regular updates" (suggested annually). The plan is now over 5 years old and is in need of
updating. Additionally, the architecture and integrity of the City's databases are in need of assessment and restructuring. A
budget of $25,000 has been established to update the plan, evaluate our current databases and provide technical support to
ensure that the City's GIS program meets the City's needs.
Proiect 950 - FI0l Master Plan Update/Desi2:n (ii), Pipeline Corridor: This project will initiate a study for
her improvements to the FIOI drainage system. The specific target of this phase of the project will be crossing the pipeline
idor along the F101 channel which has a major negative impact to any improvements that may be envisioned. The goal is
duce the cost associated with the construction of improvements and to avoid any major relocation of pipelines within the
ent.
Council A enda
~lJ..))o~
Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: S. Gillett
Appropriation
Agenda Date Requested: Januar
Source of Funds:
Department: Public Works
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
1 st Quarter elF Report
Amount Requested:
Exhibits:
Budgeted Item:
Exhibits
SUMMARY & RECOMMENDATION
The attached report summarizes the progress of Capital Improvement Projects assigned to the
Public Works Department in the 15t Quarter.
JA~e~-B
Project 669 - Sanitary Sewer Rehabilitation
PROJECT DESCRIPTION
In May of 1993, the City filed a proposed schedule with the EPA for the investigation and
rehabilitation of the sanitary sewer system. The City, through the use of in-house and
contract labor, has been systematically working through the system to identify and
correct sources of inflow, as well as repair structurally inadequate collection facilities.
Additional work may be identified and accomplished through contract or force account.
Addition or replacement of minor equipment may be purchased as needed to carry out
the program.
FIRST QUARTER FY 07 -08
· Northwest La Porte Service Area - Completed 1 point repair and 2 manhole
repairs with in-house forces. Contract forces slip-lined 3,209 feet of sewer main
and made 108 new service connections.
· Lift Station 1A Service area - Completed 4 point repairs with in-house forces.
· Southeast La Porte Service Area - Completed 3 point repairs and 1 manhole
repair, slip-lined 425 feet of sewer main and made 8 new service connections
with in-house forces.
· Bay MUD Service Area - Completed 1 point repair with in-house forces.
· Fairmont Park Service Area - Completed 6 point repairs and rehabilitated 2
manholes with in-house forces. Contract forces televised 7,538 feet of sewer
main.
· Spenwick Service Area - Completed 3 point repairs with in-house forces.
· Brookglen Service Area - Contract forces televised 4,730 feet of sewer main.
· Rehabilitated 1 manhole and smoke tested 24,814 feet of sewer main with in-
house forces.
Project 825 - Airport Improvements-Ramp Program
PROJECT DESCRIPTION
Phase II Improvements are planned at the La Porte Municipal Airport. Included are
taxiway and aircraft parking ramp reconstruction and rehabilitation, additional lighting
improvements, and additional fencing and gate improvements to enhance security at the
Airport. The FAA, through TXDOT Aviation Division will fund 90% of the costs. The
City's 10% matching share totals $160,000.
FIRST QUARTER FY 07-08
Completed reconstruction of Taxiway C and seal coated Taxiway A and the public ramp.
Completed removal of ramp around T -hanger Designated Use Area and began
reconstruction of ramp. Expect to complete reconstruction of ramp and begin
construction of additional fencing and installation of new motorized gates for various
areas around the Airport in the next reporting period.
PROJECT 872 - CONCRETE STREET RESTORATION
PROJECT DESCRIPTION
The Concrete Restoration Project is designed to rehabilitate existing concrete streets
that have experienced settlement and joint displacement. The process involves
pumping material beneath sunken slabs, raising them to the original profile and
elevation. This process will also be used to level sunken curb lines to reestablish
drainage flow. This process now has several vendors, using similar techniques. It is
anticipated that the Project will be an ongoing program.
FIRST QUARTER FY 07 -08
No progress this quarter. Expect to begin identifying target areas in next quarter and
begin preparations for bid.
Project 880 - Utility Equipment Replacement
PROJECT DESCRIPTION
Ongoing improvements to various utility facilities are as follows:
~ Integrate CL2 gas detectors into SCADA System at water plants
~ Replace chlorinator and scale at Water Plant #9
~ Replace fence at Fairmont Elevated Water Storage Tank
~ Replace 4 submersible grinder pumps at WWTP
FIRST QUARTER FY 07 -08
All projects complete with the exception of the CL2 gas detectors. Expect to issue RFP
in next quarter for new SCADA system. Gas detectors will be incorporated with this
Project.
Project 898 - In-house Waterline Replacement
PROJECT DESCRIPTION
Numerous waterlines within the city, primarily serving residential services, are in need of
replacement. These lines are typically old, undersized and of steel pipe construction.
The lines to be replaced will be determined.
FIRST QUARTER FY 07 -08
The following replacements are complete.
· 900 feet -between S. Iowa and S. Kansas
. 500 feet - between N. Broadway and N. 1st
· 1400 feet - between S. Utah and s. Idaho
600 feet - between San Jacinto and S. Virginia
Project 904 - Police Facility
PROJECT DESCRIPTION
This project is for equipment and furniture associated with the move to the new police
facility.
FIRST QUARTER FY 07 -08
This Project was substantially complete in last quarter. Currently working on warranty
items, including the replacement of the chair rails in hallways. The chair rails were not
accepted, and the contractor has been working on identifying a new supplier for
installation. Expect to complete chair rail replacement and finalize the Project in the next
quarter.
Project 907 - WWTP Equipment Replacement
PROJECT DESCRIPTION
Existing drive equipment for #1 and 2 clarifiers has reached the end of its design life
(20+ years). Replacement of existing equipment is needed now, in advance of the
proposed expansion of the Plant. Currently, the equipment is experiencing periodic
failure, and replacement parts are difficult to find. Additionally, lead time for parts
delivery is frequently measured in weeks and months. The Plant's ability to treat is
directly tied to the settlement of solids. No back-up are available. Equipment failure will
result in reduced capacity, possibly below average daily flows.
FIRST QUARTER FY 07 -08
THIS PROJECT IS COMPLETE
Project 908 - Rehabilitate Water Well
PROJECT DESCRIPTION
Moderate vibration in Water Well #4 has been noted over the past several months. This
shaft and pump (approximately 800' deep) will be pulled, inspected and all worn parts
replaced. Additionally, the casing will be televised to the bottom of the well to detect any
problems with the well shaft and screens.
FIRST QUARTER FY 07-08
Currently obtaining quotes. Expect to award in next quarter.
Project 922 - Sens Road Widening Project
PROJECT DESCRIPTION
The upcoming widening of Sens Road from Spencer Highway to North P Street will
require the relocation of existing water distribution and wastewater collection lines.
Preliminary Engineering has been completed. With the completion of the Bay Area Blvd.
Trunk Sewer in FY 2004-05, t tential to eliminate lift stations in the eastern portion
of Northwest La Porte will be inc porated in the relocation effort. This Project is a
Preliminary Engineering Report (PER). The PER will identify alternatives, design issues
and provide cost estimates for final design and construction.
FIRST QUARTER FY 07-08
THIS PROJECT IS COMPLETE
Project 932 - Replacement of Ground Storage Tank #3
PROJECT DESCRIPTION
Bi-annual inspection of the City's ground water storage tanks was completed this year.
One of the ground storage tanks at Water Well #3, located on South 4th Street, was
recommended for replacement due to age and condition.
THIS PROJECT IS COMPLETE
Project 933 - Design of Sens Road Utility Relocation
PROJECT DESCRIPTION
The upcoming widening of Sens Road from Spencer to North P Street will require the
relocation of existing water distribution and wastewater collection lines. Preliminary
Engineering has been completed. With the completion of the Bay Area Blvd. Trunk
Sewer in FY 2004-05, the potential to eliminate lift stations in the eastern portion of
Northwest La Porte will be incorporated in the relocation effort.
FIRST QUARTER FY 07-08
Negotiated final design contract with Engineer. Expect to award contract and begin final
design in next quarter.
Project 934 - Spenwick Water System/Upgrade (Phase II)
PROJECT DESCRIPTION
The water system serving the Spenwick area is two separate systems. Originally,
Spenwick was served by small lines in the rear yards. The County constructed new,
larger lines in the 80's, to improve pressures and fire protection, but the service
connections were never changed to the new lines. Additionally, not all streets were
served by the new lines.
FIRST QUARTER FY 07-08
A design contract was negotiated with the Engineer. Expect to award contract and begin
design in next quarter.
Project 936and 937 - Lift Station Renovation #8 and #32
PROJECT DESCRIPTION
This Project involves the rehabilitation of Lift Station #8 (Creekmont) and Lift Station #
32 (Spenwick) as recommended by an engineering evaluation. The renovation will
include rehabilitation of the existing wet well, and the replacement of the existing pumps,
motor control center and fencing.
FIRST QUARTER FY 07 -08
This Project is substantially complete. Expect to complete in next quarter.
Project 938 -Aeration Improvements
PROJECT DESCRIPTION
The Wastewater Treatment Plant has been evaluated for future needs, with
approximately $6M in improvements identified, including engineering. This Project was
identified for a future funding through borrowing. Engineering costs of $60,000 is
needed to begin design to allow bidding and construction to begin upon acquisition of
funding ($130,000 in Fund 045 and $230,000 in Fund 047).0
FIRST QUARTER FY 07-08
Final design completed. Prequalified six (6) contractors. Opened bids and identified low
bidder. The Project is over budget. Currently negotiating with low bidder to identify cost
reductions. Expect to award bid and begin construction in next quarter.
Project 949 - Public Works Rehab - Phase I Roof
PROJECT DESCRIPTION
The existing Public Works facility is in excess of 25 years old. The building, a steel
frame with metal sheathing, has deteriorated over the years. The roof leaks, walls have
rusted through and the insulation is ruined in many areas. Phase I of the Project is to
remove the existing metal roof and associated trim and install a new metal roof with 3
inch insulation. Phase II of the Project is to remove and replace existing wall panels and
insulation.
FIRST QUARTER FY 07 -08
Bids opened and contract awarded. Expect to begin construction in next quarter.
Project 952 - Lift Station #38 Rehab and Lift Station #6 Design Only
PROJECT DESCRIPTION
This Project involves the rehabilitation of Lift Station #38 (Sunrise Drive) as
recommended by an engineering evaluation. The Project includes the rehabilitation of
the existing wet well, and the replacement of existing pumps and motors.
A large diameter trunk sewer was constructed along the west side of Bay Forest Golf
Course to south of McCabe Road. The project included a proposed lift station at the
intersection of Taylor Bayou and McCabe Road. The construction of this line will allow
the development of approximately 300 acres of land. Corresponding to the culmination
of this project, the receiving Lift Station #6 requires upgrading to complete the project.
FIRST QUARTER FY 07-08
A design contract was negotiated with the Engineer. Expect to award contract and begin
design in next quarter.
Project 955 - SCADA System
PROJECT DESCRIPTION
This Project involves the replacement of the twenty year old SCADA system that
provides for control of the LPAWA system. The system has failed completely, and parts
are no longer available. Water Production staff currently operates the system manually.
FIRST QUARTER FY 07-08
A Request for Proposal (RFP) has been drafted and under final review. Expect to issue
and award contract in next quarter.
Project 944 - Municipal Court Building
PROJECT DESCRIPTION
This Project involves the design of the new Municipal Court Facility, to be located
adjacent to the recently completed Police Department Facility.
FIRST QUARTER FY 07 -08
Final design was awarded to Huitt-Zollars in July 2007, and design has progressed. A
final floor plan was reviewed and approved, and the design development phase is 22%
complete. Additionally, construction documents are 9% complete. It is anticipated that
this Project will be ready to bid in the third quarter.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: January 28. 2008
Appropriation
Requested By: Stephen Barr
Source of Funds:
Department: Parks & Recreation Department
Acc't Number:
N/A
Report: -X-Resolution: _Ordinance: _
Amount Budgeted:
Exhibits:
Amount Requested:
Exhibits:
Budl1eted Item:
YES
NO
SUMMARY & RECOMMENDATION
Update report on Capital Improvement Projects for Parks & Recreation Department.
Capital Improvement Items for Parks & Recreation Department.
Ron Bottoms, City Manager
l
Project 675 - Joint Ventures for Capital Improvements
Note: This project does not roll forward each year. A new amount is budgeted each year.
PROJECT DESCRIPTION
These funds will be earmarked for joint ventures with recognized youth sports programs and
other organizations that wish to contribute towards improvements of City-owned facilities.
These funds will be combined with contributions from other groups or associations made to the
City of La Porte sports facilities, parks and beautification projects on City-owned properties.
FIRST QUARTER FY 07 -08
The Glen Meadows Homeowner's Association has again requested a joint venture shelter over
the second ofthree picnic tables at Glen Meadows Park. The shelter has been ordered and we
expect delivery and installation to be completed in the second quarter.
The La Porte Girl's Softball Association has requested a joint venture storage building to be built
adjacent to the batting cages at Little Cedar Bayou Park. The storage building will eliminate the
need for storage containers at the park. Completion is expected by the end of the second quarter,
or early third quarter.
Project 869 - Repair Steel Deck Supports and Paint Exterior of Sylvan
Beach Pavilion
PROJECT DESCRIPTION
Salt air and other factors have contributed to the deterioration of the steel support beams under
the wooden deck at Sylvan Beach Pavilion. These funds will be used to repair the steel beams,
sandblast and paint them. The need for these additional repairs were discovered during the
repair process from the FY 2002-2003 CIP Project.
FIRST QUARTER FY 07-08
This project is on hold pending information on potential future economic development in this
area.
Project 876 - Pond to Park - Phase III
PROJECT DESCRIPTION
Phase I development of the "Pond to Park" project on property obtained from the East Fairmont
Park Homeowner's Association has been completed, and Phase 1/ is currently ready for
construction. We are requesting funding for the final project construction phase. Phase II/
includes lighting, jobbing trail, pavestone pavers, and other park amenities. The Fairmont Park
East Homeowner's Association is contributing a total of $75,000 toward all three phases of the
project. Their remaining share for Phase III will be $20,000.
FIRST QUARTER FY 07-08
Phase two of this project has been completed. The Fairmont Park East Homeowner's Association
has contributed its share of funding for Phase III and a Budget Adjustment has been approved by
Council incorporating it into the funding for Phase III. Plans and specifications are being
finalized for this the last phase of the project.
Project 903 - Shoreline Protection
PROJECT DESCRIPTION
The City of La Porte received a series of three grants from the Texas General Land Office for
shoreline protection and beach restoration at Sylvan Beach Park. The first grant was for a
feasibility study and preliminary design of shoreline protection and beach restoration, which was
funded at the 85%/15% level by the TGLO and the City of La Porte respectively, and has been
completed. The second grant funded the design and USACE permitting process for the project
was funded at 85%/7.5%/7.5% by TGLO, CoLP and Harris County, respectively. The third grant
is for construction of the project. When implemented, it will be funded at 60%/20%20% by the
same three entities. The project was selected as an Alternate project in the 2004-2005 biennium
which means that it will be funded if another project falters or does not get its permitting, etc.
The City will re-submit its funding request for the upcoming state biennium fiscal funding cycle.
FIRST QUARTER FY 07-08
The City of La Porte was awarded a grant for the construction of the shoreline protection and
beach restoration at Sylvan Beach Park through the Texas General Land Office in the amount of
$2,525,172. The TGLO is preparing the Project Cooperation Agreement that will be presented to
City Council for approval in the second quarter.
Project 910 - Depot Improvements
PROJECT DESCRIPTION
The project scope includes: purchase of 2 adjoining lots, installation of security fencing around
the entire block, construction of sidewalks through the park area, and additional landscaping
around the depot and the original La Porte Library building. The purchase of the additional
property and the security fence installation has been completed.
FIRST QUARTER FY 07-08
The installation of sidewalks connecting the buildings and the Centennial Statue area have been
completed. Staff has met with the Heritage Society to develop a landscape plan for the Depot
area. Installation of the landscaping will be accomplished through the volunteer assistance of the
employees of Kaneka Texas Corporation. Completion oflandscaping should be accomplished by
the end of the second quarter.
Project 923 Park Improvements
PROJECT DESCRIPTION
In 2002 citizens of La Porte approved the sale of General Obligation bonds to provide a) $1.4M for the
development of the City's 33 acre west side park property located on Canada Road. The determination to
proceed with the joint venture sports complex with Pasadena has freed the restriction on moving forward
with this project. The park will be a passive park with several features that lend themselves to recreational
opportunities for the citizens of La Porte.
FIRST QUARTER FY 07-08
The park project is under design with design completion expected in the second quarter.
Project 924 - Sports Complex
PROJECT DESCRIPTION
In 2002 citizens of La Porte approved the sale of General Obligation bonds to provide a) $l.4M for the
development of the City's 33 acre west side park property located on Canada Road, and b) $2M for the
development of a youth baseball complex. The proposed baseball field quantity at the west side park
property was reduced from ten fields to six. Direction from City Council approved an additional $1.5M
for a joint sports complex with Pasadena for several reasons, including isolation from residential areas,
and support from the LPBBA who would rather not operate two separate locations for their leagues, and
substantial potential for economic benefit for both cities.
FIRST QUARTER FY 07-08
The City of Pasadena is making determinations as to the future direction of this project. No
activity to report.
Project 925 - Landscape and Irrigation - Entrance Signs
PROJECT DESCRIPTION
Entrance signs into La Porte are complete. This project will provide lighting, irrigation
and landscape materials and installation to complete this project.
FIRST QUARTER FY 07 -08
Lighting of the five entrance signs is complete. The landscape and irrigation contract has been let
to Bio Landscape and Maintenance, Inc. The project is expected to be completed in the second
quarter.
Project 947 - Brookglen Pool Repairs
PROJECT DESCRIPTION
The plaster on the pool bottom and sides of both the main pool and the small wading pool has
broken and cracked areas that need repair. The sharp edges are damaging the feet of
swimmers that use this pool.
The repairs will allow a safer swim experience for the children and adults that use this municipal
pool.
FIRST QUARTER FY 07-08
Leaks in the pool have been identified and Specifications for repair ofthe project have been
developed. The project will be bid in the second quarter.
c
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: January 28, 2008
Requested By:S. Gillett ~~
Department: Public Works
Appropriation
Source of Funds:
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits: Proposed Streets for Overlay
Amount Requested:
Exhibits: Location Maps
Budgeted Item:
Exhibits:
SUMMARY & RECOMMENDATION
On May 21,2007, the City Council approved an agreement with Cobb Fendley & Associates to provide
professional engineering services to provide design, bidding and construction phase services for the
replacement of Old Orchard Road from Valley Brook to Farrington, and to provide professional
engineering services to provide specifications and contract documents for asphalt overlay for various
streets in the city.
Bids were received and a contract awarded on October 8, 2007 to D& W Contracting for the
reconstruction of Old Orchard Road, a concrete, curb & gutter street. Draft specifications and contract
documents have been prepared for the proposed asphalt overlay program.
The Public Works Department is recommending a total of thirteen (13) streets for asphalt overlay (see
attached list). For the most part, the streets recommended are in good condition. The proposed overlay
will result in a smooth, long-lasting pavement. One, South Lobit, has base failure and will be
reconstructed by the Street Division prior to overlay by the contractor. With one exception, all streets are
recommended for a 1 'li inch overlay. North 8th Street, due to the commercial traffic, is recommended for
a 2 inch overlay.
The total length of recommended streets is 34,770 linear feet. The Engineer's current estimate is
$509,960, and includes an 11% contingency to allow for driveway aprons, manhole and valve box
adjustments. Note that the Street Division will perform any needed base repairs, crack sealing and
shoulder cleaning and repair prior to bidding.
Provide staff with direction regarding the selection of streets for
Ron Bottoms, City Manager
I a} jf;
,
Date
PROPOSED STREET LIST
2008 ASPHAL T OVERLAY PROJECT
1. Carlow - from Underwood to Canada
2. N. 2nd - from Main to W. Madison
3. S. Lobit - from Main to Park
4. E. G - from Broadway to San Jacinto
5. W. Madison - Broadway to N. 7th
6. N. 8th - from Main to Barbour's Cut
7. Robinson Rd. - from N. P to end
8. Valley View - from N. L to N. P
9. N. D - from Sens Rd. to end
10. S. Carroll from Main to East E
11. N. 7th - from Main to W. Madison
12. S. 5th - from Main to W. I
13. S. 6th - from Main to Fairmont Pkwy.
Total
3,620 lin. ft.
1,735 lin. ft.
2,490 lin. ft.
1,475 lin. ft.
2,305 lin. ft.
2,735 lin. ft.
2,805 lin. ft.
1,840 lin. ft.
3,320 lin. ft.
2,220 lin. ft.
1,825 lin. ft.
3,975 lin. ft.
4.425 lin. ft.
34,770 lin. ft.
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