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Home My WebLink AboutO-2010-3220 agreement with Port Auto Truck Stop/regarding truck traffic on a portion of North 8th Street E -- REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: Februarv 08. 2010 Source of Funds: NA Requested By: Tim Tietiens Account Number: NA Department: Planninl! Amount Budgeted: NA Report: _Resolution: _Ordinance:_X_ Exhibits: Ordinance Agreement SUMMARY Mr. Nazar Momin, owner of Port Auto Truck Stop, located at 904 W. Barbour's Cut Blvd., has made application for a driveway along North 8th Street. However, the current roadway section was not built to City's specifications and is not capable of handling heavy truck traffic. The proposed agreement includes a designation of a portion of North 8th Street as a truck route until such time that traffic congestion volumes at the intersection of North 8th and Barbour's Cut Blvd. become unacceptable. In addition, a curb cut into North 8th Street would be permitted. In exchange, the owner(s) shall be responsible for the North 8th Street roadway maintenance through the duration of the agreement. Action Required bv Council: Consider approving an ordinance authorizing an agreement between the City of La Porte and P uto Truck Stop, regarding truck traffic on a portion of North 8th Street. Council A enda d /" to Date ORDINANCE NO. 2010- 322() AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND FINEFAIR, INC., A TEXAS BUSINESS CORPORATION, D/B/A PORT AUTO TRUCK STOP, REGARDING TRUCK TRAFFIC ON A PORTION OF NORTH 8TH STREET IN 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 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 8th day of February, 2010. By: ATTEST: ~.~i~ City Secretary APPROVED: ~-r~ Clark T. Askins Assistant City Attorney 2 AGREEMENT STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ This Agreement made and entered into by and between the CITY OF LA PORTE, a municipal corporation, 604 West Fairmont Parkway, La Porte, Harris County, Texas, 77571, hereinafter referred to as "CITY", and FINEFAIR INC. a Texas business corporation, d/b/a PORT AUTO TRUCK STOP, P.O. Box 806, La Porte, Harris County, Texas, 77572-0806, hereinafter referred to as "PORT", WITNESSETH: 1. PORT is the owner of the real property at 904 West Barbours Cut Boulevard, in the City of La Porte, Harris County, Texas, on which it operates the business known as Port Auto Truck Stop. PORT has requested the City to open that portion of North 8th Street, from the north right-of-way line of Barbours Cut Boulevard, and extending north 300 hundred feet, as a designated truck route, and allow PORT to construct a curb cut to its property, on the west side of the designated North 8th Street right-of-way, adjacent to PORT's property. 2. CITY has advised PORT that this portion of North 8th Street has not been designed, built, or maintained for truck traffic, and that truck traffic is likely to cause future maintenance requirements for said portion of North 8th Street, if open to truck traffic. 3. CITY has further advised PORT that opening of said portion of North 8th Street to truck traffic, may cause unacceptable traffic congestion problems at the intersection of North 8th Street and Barbours Cut Boulevard, requiring CITY, in its sole and absolute discretion, to hereafter terminate its designation of said portion of North 8th street as a designated truck route, and further, requiring CITY to terminate its curb cut authorization to PORT, on said portion of North 8th Street. 4. For and in consideration of the premises, and the mutual covenants herein contained, the parties agree as follows: 5. CITY agrees to designate that portion of North 8th Street, extending from the north right-of-way line of Barbours Cut Boulevard, to a point 300 hundred feet north of the north right-of- way line of Barbours Cut Boulevard, as a designated truck route. CITY further agrees to issue a curb cut permit to PORT, for a curb cut adjacent to PORT's property, on said portion of North 8th Street, subject to PORT's ability to satisfy all permit application prerequisites, including paYment of applicable fees. 6. PORT agrees that it shall be solely responsible for the maintenance of the curb cut, including drainage tiles to be placed under the curb cut, all to CITY specifications, and further, PORT agrees to be solely responsible for the maintenance, including paYment of all costs associated therewith, of said portion of North 8th Street, as required by CITY, and to CITY's specifications, to sustain truck traffic, for the duration of this agreement. In the event that property owners or lessees of properties abutting said portion of North 8th Street, request access to said portion of North 8th Street, for truck traffic, CITY agrees that such property owners or lessees shall be required to execute an agreement, in form similar to this agreement, and that this agreement shall be amended, for shared responsibility for maintenance, among all of the users of said portion of North 8th Street, for truck traffic, as specified in this agreement. 2 7. This agreement shall be effective for an initial ten year term, commencing on the 1st day of February, 2010, and terminating on the 31st day of January, 2020, and shall automatically renew for successive one year terms thereafter; provided, however, either party hereto may cancel this agreement upon ninety (90) days written notice to the other party hereto, at any time after the expiration of the first year of the initial ten year term, on February 1, 2011. Upon cancellation of this agreement, CITY shall repeal its designation of said portion of North 8th Street, as a designated truck route, and CITY shall cancel and withdraw its curb cut permit to PORT, at which time PORT agrees to remove the curb cut, and fence the property at the location of the curb cut. WITNESS OUR HANDS, this the 8th By: {l~l/4L1/1 Ci Y Secretary By: FINEFAIR INC. a Texas business corporation d/b/a PORT AUTO TRUCK STOP #~' Akbarali K. Momin vice President 3