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Home My WebLink AboutO-2006-2961 -- 13 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: December II. 2006 Requested By: John Joerns/Wavne ~ I Department: CMO/Planninl! Source of Funds: NA Account Number: NA Amount Budgeted: NA Report: _Resolution: _Ordinance: X Exhibits: Ordinance Joint Venture Agreement Typical Road Cross Section Area Map SUMMARY On November 6, 2006, Council received a workshop presentation regarding the course of action being taken by Frontier Logistics (FL) to open and construct a temporary, emergency traffic relief road beginning at the intersection of Barbours Cut and the 4th street ROW, going north to the H Street ROW and then east along H Street to Broadway (see area map). During initial coordination, FL agreed to pay for the construction and the Port of Houston (POH) tentatively agreed to maintain the road. During the workshop, Staff recommended a Resolution be prepared. Council directed that the standards for the road be the same as the road being constructed by POH and that the City not be charged with maintaining the road. On advice of the City Attorney, attached is a joint venture agreement with FL, POH and the City prepared by the City Staff. This agreement is very similar with the interlocal agreement with POH for the J Street ROWand lays out terms for: · FL constructing a public street including drainage (Standards to be approved by the City). The proposed cross section is 8" lime-stabilized subgrade and 10" cement-stabilized base or greater (similar to the POH interlocal agreement). · FL agrees to pay all associated construction expenses and emplace protective measures required for city utilities. · POH maintains the roadway. · Duration of the agreement is 5 years with a year-by-year renewal or cancellation by any party with l-year's notice. The intent is for this road to be blocked from daily use and opened when necessary to relieve traffic congestion. Opening of the road would be coordinated with the City's PD and trucks would queue along 4th and H Street while waiting for entry into container yards. As with the POH interlocal agreement, the need for the immediate public safety makes it a necessity to deviate from normal City street standards as set in PICM The construction for this project will be the same or greater than the standards for the POH initiative along the J Street ROW. Execution of this joint venture agreement allows a deviation from the PlCM standard. It should be noted that at this time. FL and the Citv are nee:otiatiD!! final improvements needed on N. H Street as written in the ae:reement. Action Required bv Council: 1. Consider approval of an ordinance to allow joint venture agreement with Frontier Logistics, the Port of Houston and the City to construct and maintain a temporary road along the 4th and N. H Street ROWs for ingress and egress for trucks servicing Port activities. 2. Direct the City Manager to execute the joint venture agreement. Approved for City Council A2enda !ff~ Dat ORDINANCE NO. 2006-~~~( AN ORDINANCE APPROVING AND AUTHORIZING A JOINT VENTURE AGREEMENT AMONG THE CITY OF LA PORTE, THE PORT OF HOUSTON AUTHORITY, AND FRONTIER LOGISTICS, L.P., FOR CONSTRUCTION AND MAINTENANCE OF A TEMPORARY ROAD ON 4TH STREET AND H STREET RIGHTS-OF-WAY, BETWEEN BARBOUR'S CUT BOULEVARD AND NORTH BROADWAY STREET, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, 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. 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 Interim City Manager is hereby authorized to execute such document and all related documents on behalf of the city of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. 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 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this ATTEST: ~~~~ City Secretary APPROVED: /~r~ cf:;{4. Askins' Assistant City Attorney , tWt day of 1)et:lM kJev , 2006. ~.I'lTY OF LA~E By: ~~~, ~~ Alton E. Porter, Mayor 2