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Home My WebLink AboutO-2009-3195 inclusion of portion of Donaldson Ave. right-of-way in Morgan’s Point Hike and Bike Trail REQUEST FOR CITY COUNCIL AGENDA ITEM Aoorooriation Source of Funds: N/A Requested By: Tim Tiet'e Account Number: N/A Department: PlanniDl! Amount Budgeted: N/A Report: _Resolution: _Ordinance: l Amount Requested: N/A Exhibits: Revised Proposed Trail Alignment Map Ordinance Inter-Local Agreement Budgeted Item: _YES ~O SUMMARY On December 8, 2008, Council conducted a workshop on a request by the City of Morgan's Point to utilize a portion of the Donaldson Ave. Right-of-Way as the westernmost leg of its proposed hike and bike trail. On January 26, 2009, Council conducted a public hearing to receive public input regarding the use of a portion of the Donaldson Ave. Right -of-Way for the City of Morgan's Point hikelbike trail. Based upon input received from the January 26, 2009, public hearing, the City of Morgan's Point submitted a new proposal showing another alignment option for a portion of the proposed trail location. On July 13,2009, Council conducted a workshop on the new proposal by the City of Morgan's Point to place and construct a section of their hike and bike trail system in a portion of the Donaldson Ave. right- of-way within La Porte. At the conclusion of the workshop, Council directed staff to schedule a second public hearing. If Council opts to accept the new proposal, an inter-local agreement is included to facilitate the request. Action Required bv Council: 1. Conduct a public hearing to receive input regarding the use of a portion of the Donaldson Ave. right-of-way within La Porte for the City of Morgan's Point to construct a section of their hike and bike trail system. 2. Consider authorizing the City Manager to execute an inter-local agreement with the City of Morgan's Point. 10 !J-I I O~ Date ORDINANCE NO. 2009 - c 3J CJ ,) AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY OF MORGAN'S POINT, FOR CONSTRUCTION OF A HIKE AND BIKE TRAIL ON DONALDSON AVENUE, WITHIN THE CITY OF LA PORTE, 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 Mayor 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 ~ day of {)C ~.l'./ , 2009. By: ~'~~Nt~ M t L.A. G 1 tt . ~ City Secretary APPROVED: v~ -r ~AM ark T. Askins Assistant City Attorney CITY OF LA PORTE 2 INTERLOCAL AGREEMENT THE STATE OF TEXAS s s s KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS This Interlocal Agreement, ("Agreement") is made and entered into by and between the City of Morgan's Point, Texas, ("Morgan's Point"), a municipal corporation, being located in Harris County, Texas, and the City of La Porte, ("La Porte"), a municipal corporation being located in Harris County, Texas, each being organized and existing under the laws of the State of Texas WITNESSETH: WHEREAS, the Port of Houston has undertaken construction of a hike and bike trail located within Morgan's Point city limits, and is desirous of continuing said trail along Donaldson Street, a public right-of-way located within the city limits of La Porte; and WHEREAS, Morgan's Point will be responsible for maintenance of the hike and bike trail upon completion; and WHEREAS, Morgan's Point seeks a right of entry and construction onto the Donaldson Street right-of-way for itself and its authorized agents, representatives, and employees, including but not limited to the contractors acting on behalf of the Port of Houston; and WHEREAS, La Porte has held public hearings on the hike and bike trail, and finds there will also be public benefit to its citizens in the construction of the improvements contemplated herein; and WHEREAS, the parties agree that each has the authority to enter into this Interlocal Agreement, and that the respective rights, duties, and obligations, regarding this joint project are as specified in this Interlocal Agreement; now therefore For and in consideration of the mutual covenants, obligations, and benefits hereunder, the parties do hereby agree as follows: I. The parties find that the recitations and statements set out above true and correct. II. Morgan's Point, its employees, agents and authorized representatives, expressly including contractors working on behalf of the Port of Houston Authority, is hereby granted the right to enter, improve, construct improvements, and maintain certain improvements as further described herein on that certain public right-of-way known as Donaldson Street, for the purposes of constructing a portion of a public hike and bike trail. III. The Improvements will consist of a paved surface, approximately 20 feet in width, with associated landscaping, or grass improvements and cutting. Upon completion ofthe construction by contractors for the Port of Houston Authority, Morgan's Point will maintain the Improvements. La Porte shall have no financial obligations for maintenance of the Improvements, unless caused by damage by city vehicles, employees, or in connecting to La Porte's hike and bike trail improvements. IV. This Agreement shall be perpetual. V. La Porte may connect its internal hike and bike trail system to the Donaldson Street Improvements. VI. The parties acknowledge that the work will be conducted in the municipal boundaries of La Porte, and that La Porte will be notified in writing thirty (30) days before work commences. LaPorte shall be provided with copies of all construction plans thirty days in advance of the start of work and shall be allowed fourteen days to review the plans, make comments and request changes. Any requested changes shall be reasonable and related to other plans for the use of Donaldson Street right-of-way with which the plans may interface. VII. This instrument contains the entire Agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any modification of this instrument shall be of no force and effect by a subsequent modification in writing signed by all parties hereto. This Agreement shall bind and be for the sole and exclusive benefit of the respective parties and their legal successors. IN TESTIMONY OF WHICH, this Agreement, in duplicate originals, each having equal force, has been executed on behalf of the parties hereto as follows; to wit: t^- 0," a. It has, on the ~ day of tfc6if ,2009, been executed on behalf of the City of Morgan's Point by its Mayor, pursuant to a motion of the City Council authorizing such execution. b. J!L 0 It has, on the~ day of ~+o~ ,2009, been executed on behalf of the City of La Porte by its Mayor, pursuant to a motion of the City Council authorizing such execution. [Signatures continue on the next page] EXECUTED effective as of the d~,-;y of Ot!frJbif ,2009. ATTEST: CITY OF MORGAN'S POINT, TEXAS a .. . ~~n. Patricia Grimes Mayor Jt\~ CITY OF LA PORTE, TEXAS ATTEST: ~t<J1/l~-.5JWcU ~ Ma ha Gillett ~ - City Secretary ~!; Mayo . / Garrison, Bonnie From: Sent: To: Subject: Lee,Peggy Tuesday, November 10, 2009 10:46 AM eso - Staff FW: Morgan's Point Hike and Bike Trail Agreement Please file this with the Morgan's Point Hike/Bike Trail Inter-local Agreement, recently approved by City Council. From: Tietjens, Tim Sent: Tuesday, November 10, 2009 10:32 AM To: Ken Bays Cc: Lee, Peggy Subject: Morgan's Point Hike and Bike Trail Agreement Ken, I understand there may be concern about the wording of section III of the agreement regarding the proposed constructed trail width. I interpreted section III of the agreement as drafted by you, to be clear enough in its intent, and therefore did not require any revision. Be that as it may, perhaps a written clarification will help the matter. Please be advised that the City of LaPorte has not, and does not construe the 20 feet reference to mean 20 feet of hike and bike trail pavement surface, but instead 20 feet of surface upon which all components of the trail may be placed, as was intended. The City of LaPorte has no intention of requiring the trail to be constructed with 20 feet of paved width. Our expectation is for a 5 to 6 foot wide trail and associated grass/landscape material meandering through the easterly 20 feet of Donaldson Street right of way as previously discussed. I trust this will clarify any misconstruction of wording as per our joint interpretation. This message may be attached to the agreement to provide clarification. 1