Response to HCFCD


I am writing in response to your May 1, 2020 email to Tom Petrick and me regarding the HCFCD’s proposed purchase of CFPUD property currently leased to Raveneaux Country Club (RCC) for a flood risk reduction project along Cypress Creek. This response has been authorized by the CFPUD Board of Directors and approved by the CFPUD committee of Tom Petrick and David Normand.

We understand your email correspondence to set out two scenarios for a possible transaction between HCFCD and CFPUD. The CFPUD Board of Directors is not interested in your first scenario in which HCFCD would purchase substantially all of the CFPUD property currently leased to RCC at CFPUD’s cost plus carry and would commit to “engage with the community” and “work with” CFPUD on a long term plan for recreational facilities.

As to your second scenario in which CFPUD would donate a portion of the RCC property to HCFCD, the Board of Directors is willing to consider this option and would suggest the following terms as authorized by Texas Water Code Section 49.226:

  • CFPUD would transfer roughly 60 acres along Cypress Creek to HCFCD to allow the construction of a HCFCD Phase I flood risk reduction project along Cypress Creek;
  • CFPUD would transfer/exchange the 27 acres purchased in January 2020 from the Raveneaux owners to CFPUD;
  • CFPUD would agree to grant easements within the balance of the RCC lease property in an amount to be determined (subject to a minimum amount of acreage) and consistent with a land use determined by the CFPUD Board of Directors:
    • HCFCD would have the right to excavate such easement areas and store storm water from Cypress Creek within the areas;
    • The easement areas would be part of a Phase II flood risk reduction project for HCFCD;
    • Easement areas would be determined within a set period of time of any HCFCD/CFPUD agreement to allow CFPUD time to determine how to utilize the balance of its property.
  • Any agreement must include terms to minimize construction traffic along Cypresswood Drive including possible placement of spoil on CFPUD property or other alternate arrangements for transportation of spoil materials.

We look forward to discuss the terms of a possible agreement under scenario two with you and your colleagues at your earliest convenience. GP

Greer H. Pagan
Allen Boone Humphries Robinson LLP