04-25-11 Regular Meeting of the La Porte City Council

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REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 25, 2011 Appropriation Requested By: Stephen L. Barr Source of Funds: N/A Department: Parks & Recreation Account Number: Report: X Resolution: i Ordinance: Amount Budgeted: Exhibits: Center Point License Agreement Amount Requested: Exhibits: Letter from Winstead attorney Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION In December 2009, the City of La Porte began negotiations with CenterPoint Energy for an easement to construct a proposed bicycle - pedestrian pathway between the new Pecan Park and the Brookglen community. The easement is necessary to connect the park with the Brookglen subdivision across the CenterPoint power line corridor. CenterPoint Energy has stated that no easement will be granted and has proposed a license agreement instead. In consultation with the City Attorney and the City Council at the last City Council meeting, direction was provided to move forward with a License Agreement in lieu of an easement. The attached License Agreement is the result of final negotiations with CenterPoint Energy to refine and clarify some terms in the Agreement. The License Agreement is for a period of ten years and the City reserves the right to terminate the agreement, as does CenterPoint. Action Required by Council: Consider approval or other action authorizing the City Manager to execute a License Agreement for use of 0.0344 acres of land belonging to CenterPoint for a proposed bicycle - pedestrian trail between Pecan Park and t = : roo ' _ len community as described in the metes and bounds in said agreement for a period of ten ye. , by the ' ity of La Porte. • • ro f Cit licit A • enda sfAk Ron Bottoms, City Manager Date