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
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Presented to Commissioner's Court
COUNTY OF HARRIS
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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
~
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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.