Mayor Responds to Port
Easement Proposal
Posted: Thursday, March 18, 2010
Dear Shoreacres Property Owner,
As you are aware, the City of Shoreacres and its residents have for many
years expressed concerns related to the development of the Port of
Houston Authority (PHA) Bayport Container Terminal. Those concerns have
included noise, air, water and light pollution; hazardous cargo mishaps;
increased coastal erosion; adverse impact on marine life; aggravated
storm surge effects; and vulnerability to hurricanes and acts of
terrorism.
Now that the terminal is operational the level of noise generated by
construction, maintenance, and operation is no longer a subject of
speculation. The noise is very real, invasive, and disruptive to the
peace and enjoyment of public and private property throughout the City.
In their effort to address noise complaints the PHA has performed a
Residential Sound Insulation Program (RSIP) feasibility
study. Following the study, a limited number of property owners were
invited to participate in a program titled,
Bayport Mitigation Solution Program.
A finite number of La Porte and Shoreacres residential properties were
identified as eligible for participation in the mitigation program based
on sound impact maps prepared during the RSIP study. In simple terms,
each identified homeowner is being offered $40,000 and each lot owner
offered $5,000 in return for their acceptance of an easement.
The City’s review of the proposed easement prepared by PHA titled,
Bayport Easement Agreement, has found the agreement to be
exceptionally broad in scope. The grant of easement reaches far beyond
the issue of noise to include light, vibrations, emissions, and other
effects inherent in construction, development, operation and
maintenance.
As we read the easement, it provides no limit on the level of allowable
noise or other nuisances. Moreover, the agreement expands the release of
claims to the extent that it could prevent you from recovering
compensation or relief for losses or damages from causes other than
sound or noise. The agreement could release not only the PHA but the
owners of containers as well as vessel operators from losses or damages
resulting from normal operations; as well as accidents occurring at the
terminal such as fires, explosions, chemical leaks, collapses, etc. It’s
conceivable that granting the release of claims could also impact the
normal coverage of your property or casualty insurance.
The City cannot offer or provide you with legal assistance or
advice. So that you might fully understand the agreement you are
strongly urged to seek legal advice.
Once the proposed easement is executed it cannot be withdrawn or
revoked.
We are concerned that property owners may unwittingly diminish the value
of their property far beyond their expectation for a noise easement. In
doing so, you could not only affect your own property value, but also
erode the property value of your neighbors’ property and ultimately
decrease the City’s taxable property base.
Sincerely,
Jayo Washington, Mayor
City's Ike Recovery
Grants Moving Forward
Posted: Thursday, March 18, 2010
The City of
Shoreacres has received information today that three of our five
Hurricane Ike recovery Texas Community Development Grants (TxCDBG)
have finally moved from the Texas Department of Rural Affairs (TDRA)
to Harris County Community Services Department (CSD). The agreement
(between TDRA and CSD) to fund these projects is being reviewed by
the County Attorney.
The three projects in
this first round agreement include Storm Drainage Improvements,
Wastewater System Repairs, and replacement of the Shoreacres Police
Station.
Following the County
Attorney's review, the agreement will be placed for approval by Harris
County Commissioner's Court.
This moves us another
step closer to release of funds and project bidding.
Two more grant projects
are still pending at TDRA. Those projects include Water System Repair &
Improvement; and, Street Repair & Improvement.
A discussion of the
status of these five grants has been placed on the City Council agenda
for Monday, March 22, 2010. The meeting will take place at City Hall,
601 Shoreacres Blvd, at 7:00pm.
Port of Houston Authority
Bayport
Sound Mitigation
Posted: Thursday, March 11, 2010
The Port of Houston
Authority (POHA) has announced their Bayport Mitigation Solution program
to address residential noise concerns from the operation of their
Bayport facility. Under this program some area property owners may be
eligible to receive a mitigation payment in exchange for agreeing to a
sound easement.
Program information
including maps and their independent study can be found at:
www.bayportmitigationsolution.com
