LEGAL UPDATE

Dear Friends:

It’s been almost two years since we learned of the Washington Heights Development Project coming into our neighborhood. We have learned many things about our City, our elected officials and how business is conducted in Houston. We have also learned this project was conceived and now being constructed without what, in our opinion, is sufficient concern for safety. Through RUDH’s efforts, we raised issues related to the safety of the Yale Street Bridge. We now know the Texas Department of Transportation has confirmed our suspicions that the bridge in its current state is unsafe for all commercial heavy truck traffic. Unfortunately, the City of Houston has maintained the position that there is no money available to make the necessary repairs to the Yale Street Bridge and is allowing the development to go forward despite the lack of heavy commercial truck access from the Yale Street Bridge.

As you know, late last Fall, RUDH filed a lawsuit in against both the City and the developer of the Washington Heights Development. We are asking the Court to stop the City from reimbursing the developer six million of our tax dollars for public infrastructure improvements that we allege the developer should have paid for out of its own pocket. That’s money that can be used to repair the Yale Street bridge and keep 18-wheeler traffic from re-routing to Heights Boulevard. After we filed the lawsuit, both the City and the developer tried to have the case dismissed, claiming that a community organization could not challenge the 380 agreement with the developer. Fortunately, our legal team prevailed and the judge allowed the case to move forward.

The fight we have taken on with the City will be difficult. Construction of the project is well underway.  But our resolve has not diminished. This is still our neighborhood and the way of life here in the Heights deserves to be protected in every way possible. As we head toward a trial date to have our issues litigated, we need your help now more than ever. Litigation is expensive. Your financial support is important and I hope we can count on you today!

Sincerely,

RUDH

Rob Task, President

Eileen C. Reed, Colton Candler, Jeff Jackson, Directors

DONATE and help the Heights set a precedent. Use public funds for public good.

RUDH is small team of local volunteers; we’re professionals and parents who believe in building sustainable, vibrant, healthy urban neighborhoods for Houston’s residents. WITH YOUR SUPPORT we can continue to invest our time and energy to set the course for the future!

DON’T DELAY, please donate whatever you can! http://rudh.org/donations

or write a check to RUDH, PO Box 7834 Houston, Tx 77270

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MEMBERSHIP

You are receiving this email because you are a RUDH member. Please encourage your friends and neighbors to join RUDH and donate to set standards that grow sustainable, healthy urban neighborhoods! http://rudh.org/join

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SOCIAL MEDIA

Visit http://www.facebook.com/#!/StopHeightsWalMart follow us on Twitter at @StopHtsWalmart and read and share the lawsuit, the economic impact study and other media and work materials at http://www.StopHeightsWalmart.org.

Ainbinder’s crews continue to skirt rules and regulations. Tearing up one side of a residential street and leaving a 4′ wide lane for residents to navigate – a lane width so small that first responder vehicles could not access residences in an emergency. Parking and abandoning construction vehicles in the 4′ wide lane and blocking all residential access. Breaking water lines and cutting off water to residents for days. No flaggers, no temporary “no parking” signage and NO PERMITS. That’s right, folks, NO PERMITS! City’s response? They used their “discretion” and made an unsupported, unjustified decision not to fine Ainbinder’s construction crews, which directly contradicts the city’s ordinance for no permits. Additionally, after being notified of the missing permits the city failed to identify basic violations, such as no “no-parking” signs and no flaggers.

Looks like monitoring, documenting and reporting Yale St. bridge AND construction company abuses is once again the public’s job. IF THE CITY WON’T issue legally appropriate fines for improper practices, perhaps they should hand that responsibility over to the public as well.

Previous load ratings were estimated for a bridge that had “no plans on record”. At that time, the State rated the sufficiency rating of the bridge at 55.6 out of 100.
After obtaining the bridge plans from the City, the State was able to review actual construction documents and has rated the bridge’s sufficiency rating at 7 out of 100.
Does this feel safe to you? The City continues to ignore requests to perform a structural study that calculates projected new traffic impacts.

Click on the image to read the full article

RUDH members continue to see dumptrucks and other over-weight vehicles crossing this bridge and heading to construction sites on a daily basis. If YOU see a truck, snap a cell photo, get a company name or license plate #, call 311 to report it and emailinfo@RUDH.org. MORE YALE ST. BRIDGE INFO coming soon!

PRESS ADVISORY: FOR IMMEDIATE RELEASE

November 30, 2011

On November 23, 2011, the City of Houston quietly released a CitizensNet public notice noting that TxDOT had drastically lowered the load limit for the Yale Street bridge. The bridge’s original load limit designation of 40,000lbs and 21,000lbs for tandem axle vehicles was estimated for a bridge with no plans on record. TxDOT located the plans, performed a load rating study and cut the load limit to 8,000lbs per single axle and 10,000lbs for tandem axle vehicles. Most bridges in rural settings, that experience low traffic volumes, exceed these load limits. The new Yale Street bridge load limits prohibit nearly every type of commercial truck, from semi-tractor trailer, combination trucks, buses, delivery trucks to large panel vans, from safely passing over the bridge.

The City claims the bridge is safe and will continue to provide service over the long term for traffic within the load ratings. The City states that signage will restrict and redirect trucks to Heights Boulevard south of I-10 with enforcement provided by HPD’s Truck Enforcement Unit. The public continues to witness construction vehicles breaking the law—every day—by crossing the bridge with loads serving the Walmart and Orr developments.

The re-routing of truck traffic to Heights Boulevard will result in 18-wheelers attempting unsignalized turns—crossing a walking trail, bike lanes—into a difficult reverse curve at the new Koehler Street extension. The at-grade rail crossing will further impact congestion. To avoid chronic roadway conditions, and maintain delivery schedules, big-rigs will likely attempt illegal trips over the Yale Street bridge or down residential streets, breaking ‘No Thru Truck’ ordinances and creating critical conditions for public safety.

To the public’s knowledge, the City of Houston has performed no structural study for the bridge that considers the new projected traffic impacts reported in the Traffic Impact Analysis performed for Ainbinder by Kimley-Horn & Associates or those generated by the currently under construction Yale feeder roads. This analysis projects severe congestion from failing grade intersections 200ft, both North and South, of the Yale Street bridge’s deck.

To resolve concerns for school bus safety, on August 27, 2011, RUDH met with the Houston Independent School District’s Chief Operating Officer, Leo Bobadilla and Issa Dadoush, General Manager of Construction and Facility Services, to request that school buses no longer use the Yale Street bridge. HISD pro-actively responded by re-routing buses prior to school year commencing.

RUDH continues to lobby the City of Houston for a structural study that accounts for new, projected impacts and is concerned that resurfacing of the bridge could result in an increase in dead-weight on the deck and catastrophic failure similar to that which occurred in Minnesota. The public is contracted to reimburse Ainbinder $6,000,000 via tax relief to improve surface streets wrapping the Walmart development. None of these monies have been earmarked to structurally upgrade the antique bridge that is the main artery to the Walmart development.

State Representative Jessica Farrar stated in a letter dated April 15, 2011, “I have become increasingly worried about the possibility of trucks using the Yale Street bridge…If trucks are not allowed on this route, the issue becomes one of enforcement–specifically, whether or not any and all offenders will be caught. It will only take one fateful trip over the bridge to create catastrophe.”