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HomeMy WebLinkAboutO-2010-3298 provide bicycle-pedestrian easements at various sites on Harris County Flood Control District property H REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: November 8, 2010 Appropriation Requested By: Stephen L. Barr Source of Funds: Department: Parks & Recreation Acc't Number: Report: _Resolution: _Ordinance: ~ Amount Budgeted: N/A Exhibits: Ordinance Amount Requested: N/A Exhibits: Interlocal Agreement - HC - CoLP Bud!!eted Item: YES X NO Exhibits: SUMMARY & RECOMMENDATION At the January 14, 2008 City Council meeting, the Council approved an Interlocal Agreement with Harris County Flood Control District to provide a bicycle-pedestrian easement on flood control property at the Little Cedar Bayou, Big Island Slough, Spring Gulley, and Willow Spring Gulley crossings. The bicycle- pedestrian trail Master Plan calls for additional easements on HCFCD property at various places throughout the City of La Porte. Staff has worked with Harris County Flood Control to identify all of the proposed future sites where easements will be required, and bundled them into a single Amendment to the existing Interlocal Agreement rather than having to amend the agreement for each future trail addition. Staff is recommending that the ordinance authorizing the inclusion of these additional easements to allow for their future use by the City of La Porte be approved, as a continuation of the City's Bicycle-Pedestrian Trail Plan. Action Required bv Council: Consider approval of an ordinance authorizing the Mayor to approve an Amended Interlocal Agre ent etween the City of La Porte and Harris County to provide bicycle- pedestrian easements at va 'ous sit on HCFCD property as provided in the Agreement. I/hh Date Ron Bottoms, City Manager ORDINANCE NO. 2010- 32 q 3 AN ORDINANCE APPROVING AND AUTHORIZING AN AMENDED INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY FOR VARIOUS BICYCLE-PEDESTRIAN PATHWAY EASEMENTS ON HARRS COUNTY FLOOD CONTROL PROPERTY, ACCORDING TO THE TERMS OF THE AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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. Page 1 of2 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 November, 2010. CITY OF LA PORTE By: ATTEST: fYl~Au/I Martha Gillett, City Secretary APPROVED AS TO FORM: /~ I. ~ Clark T. Askins, Assistant City Attorney Page 2 of2 AMENDMENTTOINTERLOCALAGREEMENT THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ THIS AMENDMENT TO AN INTERLOCAL AGREEMENT is made, entered into, and executed by and between the Harris County Flood Control District, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as the "District" or "HCFCD," and the City of La Porte, a municipal corporation, hereinafter referred to as the "City." WITNESSETH, that WHEREAS, the District and the City previously entered into an Interlocal Agreement executed on September 15, 2009, hereinafter referred to as the "Original Agreement," to construct and maintain, or cause to be constructed and maintained, a 10-foot wide public hike and bike trail with related appurtenances across HCFCD Units B106-00-00, B109-00-00, B509-03-00, and F216-00-00 to extend from the Pasadena Convention Center, on the South side of Fairmont Parkway to Little Cedar Bayou Park on the East side of Highway 146 approximately 5.2 miles in length and 10 feet wide, hereinafter referred to as the "Trail"; and WHEREAS, the City and the District desire to amend the Original Agreement to allow the City to add additional lands to be covered by the 1 O-foot wide hike and bike trail, to wit, additional locations at or near the same HCFCD Units listed in the Original Agreement, and certain other lands at or near HCFCD Units A104-00-00, B106-02-00, B109-03-00, F101-00-00, F101-06-00, and F212-00-00, and Lots 66, 67, and 68, Block 1, Brookglen Section Two Replat, a subdivision in Harris County, Texas being out of HCFCD Unit B100-00-00, Tract Nos. 07-811.00, 07-812.0 and 07-824; and WHEREAS, the District owns or has easement rights in real property in Harris County, Texas, designated by the HCFCD Unit Nos. included in the Trail and shown in Exhibit "A" (hereinafter the "Property"), and is willing to allow the City to use the portion of the Property owned in fee by the District and the District has no objection to the City using the portion of the Property in which the District owns an easement for such purpose, with the understanding that the City will acquire the additional right, title, or interest as needed for the construction and maintenance of the Trail at no cost to the District; and WHEREAS, The City has prepared a new map or layout of the proposed alignment of the 10-foot wide, public hike and bike trail with related appurtenances reflecting the entire proposed alignment of the trail including the additional locations, which has been reviewed and approved by the District personnel and is shown in an amended Exhibit "A," which is attached hereto for descriptive purposes only and will replace Exhibit "A" of the Original Agreement; said alignment hereinafter referred to as the "Trail;" and NOW, THEREFORE, in consideration of the mutual covenants, agreements and benefits to both parties, it is agreed as follows: EXHIBIT "A" in the Original Agreement has been amended to include the collective proposed alignment of the Trails. Article I. of the Original Agreement, entitled, "Plans and Specifications," reading: After the approval of this Agreement by the Commissioners Court of Harris County, the City will furnish the District, for the District's written approval, detailed construction plans and specifications (hereinafter the "Plans and Specifications") for the Project. After the approval of the Plans and Specifications by an authorized representative of the District, the District representative will so notify the City that the District allows the City's use of the following described Property situated in the County of Harris, State of Texas, for the purpose of constructing and maintaining the Trail: a 10-foot wide public hike and bike trail with related appurtenances across HCFCD Units 8106-00-00, 8109-00-00, 8509-03-00, and F216-00-00 to extend from the Pasadena Convention Center, on the south side of Fairmont Parkway to Little Cedar 8ayou Park on the east side of Highway 146 approximately 5.2 miles in length. Is hereby amended to read: After the approval of this Amendment to the Interlocal Agreement by the Commissioners Court of Harris County, the City will furnish the District, for the District's written approval, detailed construction plans and specifications (hereinafter the "Plans and Specifications") for the Trail. After the approval of the Plans and Specifications by an authorized representative of the District, the District representative will so notify the City that the District allows the City's use of the following described Property situated in the County of Harris, State of Texas, for the purpose of constructing and maintaining the Trail: 10-foot wide public hike and bike trails with related appurtenances on, over, across and through certain lands along various HCFCD Units within Harris County, Texas, including but not limited to, HCFCD Units A104-00-00, 8106-00-00, 8106-02-00, 8109-00-00, 8109-03-00, 8509-03-00, F101-00-00, F101-06-00, F212-00-00, and F216-00-00 and Lots 66, 67, and 68, 810ck 1, 8rookglen Section Two Replat, a subdivision in Harris County, Texas being out of HCFCD Unit 8100-00-00, Tract Nos. 07-811.00, 07-812.0 and 07-824.0. Article IX. of the Original Agreement, entitled, "Notices," reading: All notices shall be given to the District by registered or certified mail, postage prepaid, return receipt requested, addressed to Harris County Flood Control District, Attention: Director, 9900 Northwest Freeway, Houston, Texas 77092, or to such other address as the District may designate in writing from time to time. All notices shall be given to The City, by registered or certified mail, postage prepaid, return receipt requested, addressed to The City of La Porte, Attention: Director of Parks and Recreation, 1322 South Broadway Street, Houston, Texas 77571. Each notice shall be considered exercised and completed upon deposit of the notice in the United States mail as aforesaid. Is hereby amended to read: All notices shall be given to the District by registered or certified mail, postage prepaid, return receipt requested, addressed to the Harris County Flood Control District, Attention: Director, 9900 Northwest Freeway, Houston, Texas 77092, or to such other address as the District may designate in writing from time to time. All notices shall be given to the City, by registered or certified mail, postage prepaid, return receipt requested, addressed to The City of La Porte, Attention: Director of Parks and Recreation, 1322 South Broadway Street, La Porte, Texas 77571. Each notice shall be considered exercised and completed upon deposit of the notice in the United States mail as aforesaid. Article X. of the Original Agreement, entitled, "The District's Rights Paramount," reading: 2 The District has advised the City and the City is aware that portions of the Property located along HCFCD Units B 106-00-00, B 109-00-00, B509-03-00, and F216-00-00 were acquired for flood control and drainage purposes. The District presently uses said portions of the Property upon which the Trail is to be constructed for maintenance of HCFCD Units B 106-00-00, B 109-00-00, B509-03-00, and F216-00-00, and the District contemplates future use of the Property for widening of the drainage facility and for other flood control and drainage improvements as the need for the same may arise and funds may be available. The District hereby expressly reserves to itself, its officers, employees, agents and contractors, the right to enter upon said Property and Trail at any time for any purpose necessary or convenient in connection with drainage and flood control work, to flood said Property and Trail, and to make such other use of said Property and Trail as may be necessary or desirable in connection with drainage and flood control, and the City shall have no claim for damages of any character on account thereof against the District , or any officer, employee, agent, or contractor thereof. The District shall have no responsibility to replace or repair any portion of the Trail that is damaged in the course of such flood control activities. If the Trail or other structures appurtenant thereto constructed by the City, including but not limited to, railings or low water crossings, are damaged by the District during drainage or flood control activities or by the flow of water in the channel, the District reserves the right not to allow the City to rebuild the Trail or replace the structures appurtenant thereto if to do so would in the Director's opinion impede the flow of water of water in the channel. The District further reserves the right to remove portions of the Trail from time to time as the Director determines necessary or convenient to accommodate channel improvements, and further, to not permit the City to rebuild same. The District makes no representation as to the suitability of the soils or the stability of the channel bank for the City's intended purposes. The City understands that in the event of a failure involving distinct elements of the Trail's construction, the District may not permit the City to replace those elements. Is hereby amended to read: The District has advised the City and the City is aware that portions of the Property were acquired for flood control and drainage purposes. The District presently uses said portions of the Property upon which the Trail is to be constructed for maintenance of the Property and the District contemplates future use of the Property for widening of the drainage facility and for other flood control and drainage improvements as the need for the same may arise and funds may be available. The District hereby expressly reserves to itself, its officers, employees, agents and contractors, the right to enter upon said Property and Trail at any time for any purpose necessary or convenient in connection with drainage and flood control work, to flood said Property and Trail, and to make such other use of said Property and Trail as may be necessary or desirable in connection with drainage and flood control, and the City shall have no claim for damages of any character on account thereof against the District , or any officer, employee, agent, or contractor thereof. The District shall have no responsibility to replace or repair any portion of the Trail that is damaged in the course of such flood control activities. If the Trail or other structures appurtenant thereto constructed by the City, including but not limited to, railings or low water crossings, are damaged by the District during drainage or flood control activities or by the flow of water in the channel, the District reserves the right not to allow the City to rebuild the Trail or replace the structures appurtenant thereto if to do so would in the Director's opinion impede the flow of water of water in the channel. The District further reserves the right to remove portions of the Trail from time to time as the Director determines necessary or convenient to accommodate channel improvements, and further, to not permit the City to rebuild same. The District makes no representation as to the suitability of the soils or the stability of the channel bank for the City's intended purposes. The City understands that in the event of a failure involving distinct elements of the Trail's construction, the District may not permit the City to replace those elements. All other terms and provisions of the Original Agreement shall remain in full force and effect as originally written. 3 EXECUTED in triplicate originals APPROVED AS TO FORM: VINCE RYAN Harris County Attorney ATTEST: l:1fZJdLu d.d/ Martha Gillett City Secretary City of La Porte, Texas APPROVED AS TO FORM: By: t1~ T_~ CLARK T. ASKINS Assistant City Attorney DEe (J 7 20111 HARRIS COUNTY FLOOD CONTROL DISTRICT By: ~~Hc-~~ ED EMMETT County Judge RON BOTTOMS City Manager City of La Porte, Texas 4 Un EXHIBIT A Amendment to Interlocal Agreement City of La Porte Red Lines Indicate Proposed Trails , ;~ ~~ ~-- ~ ~ o 2:! "T1 ~ o o o o ;0 FAIRMONT PKWY ~~===.=.=.=.=. .&......, ;!J..... &....~ ~....y ~~.... ,~~ ...~~~ .,&.....,,- .:t1'''''~ P STREE . F101-06-00 r~;:;~-~~~7, ex 6;1 J .'....1 {~~"~..,..-.c..~ ~__~"...-.,,'_.'~J I ! I I I - { / I / II II B109-03-00 II (") :J> Z :J> Hl09-00-00 B509-03-00 :J: o r- ;0 o r Fl01-00-00 (J) m z (J) ;0 o MAIN ST F212-00-00,- B SHORE DR IIF216-00-00 II <nIl ~\~ A104-00-00 Presented to Commissioner's Court COUNTY OF HARRIS ~ ~ ~ DEe 0 7 2010 APPROVE Recorded Vol Page THE STATE OF TEXAS The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris County Administration Building in the City of Houston, Texas, on 9EC g 7 29t8--' with the following members present, to-wit: Ed Emmett County Judge EI F"r3l1ee Lee Commissignl3r, PrsGinct No 1 Sylvia R. Garcia Commissioner, Precinct NO.2 Steve Radack Commissioner, Precinct NO.3 Jerry Eversole Commissioner, Precinct NO.4 and the following members absent, to-wit: le '€... quorum, when among other business, the following was transacted: , constituting a ORDER AUTHORIZING EXECUTION OF AN AMENDMENT TO ANINTERLOCALAGREEMENT BETWEEN THE HARRIS COUNTY FLOOD CONTROL DISTRICT AND THE CITY OF LA PORTE HCFCD UNITS A104-00-00, B106-00-00, B106-02-00, B109-00-00, B109-03-00, B509-03-00, F1 01-00-00, F101-06-00, F212-00-00, F216-00-00 & LOTS 66, 67, & 68, BLOCK 1, BROOKGLEN SECTION TWO REPLAT, A SUBDIVISION IN HARRIS COUNTY, TEXAS BEING OUT OF HCFCD UNIT B100-00-00 TRACT NOS. B1 00-00-00-07 -811.0, B1 00-00-00-07 -812.0 & B1 00-00-00-07 -824.0 KEY MAP PAGES 539-T, U, V, X, 540-5, X, Y, Z, 578-0, H, 579-A, B, C, E, F & 580-B, C, 0, F PRECINCT 2 Commissioner Q n!LC \ A-- introduced an order and made a motion that the same be adopted. Commissioner ~Qck seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: AYES: NAYS: ABSTENTIONS: Judge Emmett COIIIII.. Lee ~ o ~ ~ No o o o o o Abstain o o D o o Comm. Garcia Comm. Radack Comm. Eversole The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and lawfully adopted. The order thus adopted follows: WHEREAS, the District and the City previously entered into an Interlocal Agreement executed on September 15, 2009, hereinafter referred to as the "Original Agreement," to construct and maintain, or cause to be constructed and maintained, a 1 O-foot wide public hike and bike trail with related appurtenances across HCFCD Units B106-00-00, B109-00-00, B509-03-00, and F216-00-00 to extend from the Pasadena Convention Center, on the South side of Fairmont Parkway to Little Cedar Bayou Park on the East side of Highway 146 approximately 5.2 miles in length and 10 feet wide, hereinafter referred to as the "Trail"; and. WHEREAS, the City and the District desire to amend the Original Agreement to allow the City to add additional lands to be covered by the 10-foot wide hike and bike trail, to wit, additional locations at or near the same HCFCD Units listed in the Original Agreement, and certain other lands at or near HCFCD Units A 104-00-00, B 106-02-00, B 109-03-00, F101-00-00, F101-06-00, and F212-00-00, and Lots 66,67, and 68, Block 1, Brookglen Section Two Replat, a subdivision in Harris County, Texas being out of HCFCD Unit B100-00-00, Tract Nos. 07-811.00, 07-812.0 and 07-824; and WHEREAS, the District owns or has easement rights in real property in Harris County, Texas, designated by the HCFCD Unit Nos. included in the Trail and shown in Exhibit "A" (hereinafter the "Property"), and is willing to allow the City to use the portion of the Property owned in fee by the District and the District has no objection to the City using the portion of the Property in which the District owns an easement for such purpose, with the understanding that the City will acquire the additional right, title, or interest as needed for the construction and maintenance of the Trail at no cost to the District; and WHEREAS, The City has prepared a new map or layout of the proposed alignment of the 10- foot wide, public hike and bike trail with related appurtenances reflecting the entire proposed alignment of the trail including the additional locations, which has been reviewed and approved by the District personnel and is shown in an amended Exhibit "A," which is attached hereto for descriptive purposes only and will replace Exhibit "A" of the Original Agreement; said alignment hereinafter referred to as the "Trail;" and NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS COUNTY, TEXAS THAT: Section 1: The recitals set forth in this order are true and correct. Section 2: County Judge Ed Emmett is hereby authorized to execute for and on behalf of the Harris County Flood Control District, an Amendment to an Interlocal Agreement by and between the Harris County Flood Control District and the City of La Porte, said amendment being incorporated herein by reference for all purposes as though fully set forth verbatim herein.