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HomeMy WebLinkAboutO-2021-3824 to revise 2012 ETJ exchange agreement between the City of La Porte and City of PasadenaORDINANCE 2021-3824 AN ORDINANCE APPROVING AND AUTHORIZING AMENDMENTS TO THAT CERTAIN INTERLOCAL AGREEMENT DATED JULY 3, 2012, FOR THE REAPPORTIONMENT OF EXTRATERRITORIAL JURISDICTION BETWEEN THE CITY OF LA PORTE, TEXAS AND THE CITY OF PASADENA, TEXAS, AND APPROVED BY CITY OF LA PORTE ORDINANCE 2012-3421, TO IMPLEMENT A SCHEDULE AND DIVISION OF RESPONSIBILITIES FOR CONSTRUCTION OF DRAINAGE INFRASTRUCTURE; 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, TEXAS: Section 1. The City Council of La Porte, Texas, hereby approves and authorizes amendments to that certain Interlocal Agreement dated July 3, 2012, for the reapportionment of extraterritorial boundaries between the City of La Porte, Texas and the City of Pasadena, Texas and adopted by Ordinance 2012-3421, as reflected by the document titled "Amendment to Interlocal Agreement', for the purpose of implementing a schedule and division of responsibilities for construction of drainage infrastructure, a copy of which "Amendment to Interlocal Agreement" is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor is hereby authorized and empowered to execute said "Amendment to Interlocal Agreement' on behalf of the City of La Porte, Texas. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City of La Porte to such document. Section 3. 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 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. Passed and approved this 12"' day of April, 2021. ATTEST: CITY OF L,A"RTE, TEXAS Rigby. APPROVED AS TO FORM: oodward, City Secretary Clark T. Askins, Assistant City Attorney AGENDA REQUEST ® ORDINANCE RESOLUTION � F NO: 2021-050? Authorizing and approving an Ordinanceto Amend Ordinance No. 2012-006, which authorized and approved an annexation agreement by and between the City of Pasadena and the City of La Porte to amend the Extraterritorial (ETJ) Agreement between said cities, as described by exhibit "A the Agreement-. The Amendment provides for a revisedtimeline to begin and to complete the detention facility construction obligation of the City of Pasadena pursuant to Ordinance No. 2012-006. RECOMMENDATIONS & JUSTIFICATION: Approve Amended annexation agreement between the City of Pasadena and the City of La Porte for exchange of property within their respective ETJ's. (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE) BUDGETED: ❑ COUNCIL DISTRICTS) AFFECTED: REQUIRES APPROPRIATION: See attached Certification • J COUNCIL ACTION Robin Green DATE:03/8/2021 REQUESTING PARTY (TYPED) FIRST READING: FINAL READING: a as BUDGET DEPARTMENT MOTION MOTION V� 0- L L4L AECOND t 1� 1-1 r SECOND PURCHASING DEPARTMENT APPROVED: - ote `TTORNEY b 3- /1. CITY DATE DATE MA OR DEFERRED: AMENDMENT TO INTERLOCAL AGREEMENT That certain Interlocal Agreement ("Interlocal Agreement" herein) made and entered into by the City of Pasadena, Texas, a municipal corporation, and the City of La Porte, Texas, a municipal corporation, effective as of the 31d day of July, 2012, whereby the City of Pasadena and the City of La Porte agreed to apportion areas within their respective extraterritorial jurisdictional boundaries ("ETJ" herein), including the transfer of the 99 acre tract known as the "Pasadena Annexation Property" from the City of La Porte's exclusive ETJ to the City of Pasadena's exclusive ETJ, is hereby amended as provided in this agreement. WITNESSETH WHEREAS, under the terms of the Interlocal Agreement the City of Pasadena ("Pasadena" herein) committed to the City of La Porte ("La Porte" herein) that it would construct and install drainage infrastructure on the Pasadena Annexation Property consisting of at least 100 acre-feet of storm water detention ("Drainage Improvements" herein); WHEREAS, the Interlocal Agreement provided that Pasadena would complete construction of the Drainage Improvements "no later than three years from the date of this agreement", which date equates to July 3, 2015; WHEREAS, construction of drainage infrastructure on the Pasadena Annexation Property was never completed by Pasadena, but Pasadena has now budgeted for said drainage infrastructure and desires to fulfill its obligations under the Interlocal Agreement; and WHEREAS, Pasadena anticipates that construction of the Drainage Improvements on the Pasadena Annexation Property will be complete one (1) year after the completion of all regulatory approvals, and City of Pasadena City Council approval of design, bidding and award of a construction contract. NOW THEREFORE, for and in consideration of the payment of Ten Dollars ($10.00) cash and other good and valuable consideration paid each unto the other, the sufficiency of which is hereby acknowledged and confessed the City of Pasadena and the City of La Porte hereby agree to amend the Interlocal Agreement, as follows: Section 1. Paragraph Three (3) of the Interlocal Agreement is hereby amended in its entirety, and shall hereinafter read as follows: a) The City of Pasadena plans to proceed with a project for the construction of Drainage Improvements on the Pasadena Annexation Property pursuant to the provisions set forth on Exhibit "C' to this agreement, providing for construction of 100 acre feet storm water detention facility as agreed by the parties hereto, and in the portion of the Pasadena Annexation Property as indicated on the map set forth In Exhibit 7' to the agreement 1 unless otherwise mutually agreed to in writing by the parties. The initiation of the construction of the Drainage Improvements shall be subject to and contingent upon the completion of all studies, investigations and assessments, and all governmental permits and approvals, including any environmental and drainage approvals, and their final acceptance by City of Pasadena. b) Pasadena agrees to delegate to La Porte full authority to acquire the necessary studies, investigations and assessments, as well as all governmental permits and approvals, including any environmental and drainage approvals, for construction of the Drainage Improvements by Pasadena. La Porte may hire outside consultants and engineers for such purposes. Pasadena will pay for all necessary costs, fees and expenses required in performing the tasks outlined in this paragraph, up to the budgeted amount approved by Pasadena for this phase of the project. All invoices for these services will be paid by the City of Pasadena directly to the vendor and all invoices for these services are to indicate the City of Pasadena as the customer of the vendor. Pasadena agrees to pay said invoices after necessary approvals, within thirty (30) days from the date of delivery of applicable invoices to the City of Pasadena. c) After all studies, investigations, assessments, and governmental permits/approvals are completed and/or acquired by La Porte for use by Pasadena, Pasadena agrees that La Porte will have authority to award a contract to an engineering firm to design the Drainage Improvements, for Pasadena's use and benefit in constructing the Drainage Improvements. Final designs and engineered drawings for the Drainage Improvements provided by the engineering firm and approved by La Porte, shall be consistent with construction of the 100 acre feet storm water detention facility as agreed to by the parties hereto as set out in Exhibit C, and be submitted to Pasadena for review and comment, and its final approval. Pasadena's review and comment of the submitted final design and engineered drawings shall be completed and returned to La Porte no later than thirty (30) days after receipt by Pasadena unless otherwise mutually agreed to by the parties. Unless inconsistent with the terms provided herein, failure of Pasadena to return the submitted final design and engineered drawings with comments and/or proposed changes to La Porte by said thirty (30) day deadline with proposed comments or changes shall be deemed acceptance of such final design and engineered drawings by Pasadena. In the instance that Pasadena proposes changes or amendments to the design and engineered drawings for the project, if not initially accepted by La Porte then representatives of La Porte and Pasadena agree to meet and negotiate a final design plan acceptable to Pasadena and La Porte. La Porte agrees that it will not unreasonably reject proposed changes to design plans made by Pasadena. Pasadena will pay for the cost of hiring an engineering firm for the design of the Drainage Improvements, up to the budgeted amount approved by Pasadena for this phase of the project with such payment made pursuant to all required approval and authorization by the City of Pasadena. All invoices for these services will be paid by the City of Pasadena directly to the vendor and all invoices for these services are to indicate the City of Pasadena as the customer of the vendor. Pasadena agrees to pay after necessary approvals, within thirty (30) days from the date of delivery of the invoice to the City of Pasadena. d) After final approval by Pasadena of the final design and engineered drawings for the Drainage Improvements, Pasadena agrees to prepare the construction phase of the 2 Drainage Improvement for bid, in conjunction with the engineering firm retained by La Porte. Pasadena agrees that it will advertise the construction phase of the project for bid no later than sixty (60) days after all required approvals and acceptance of the final design and engineered drawings by all parties. e) No longer than one (1) year after Pasadena City Council award of a construction contract, construction of said Drainage Improvements shall be completed; with the exception of any force majeure event as defined herein below, extending the construction period. Subject to the foregoing, the failure of Pasadena to substantially complete construction of the Drainage Improvements within the construction period as provided herein shall entitle La Porte to construct the Drainage Improvements on the Pasadena Annexation Property. Alternatively, and subject to any force majeure event, the failure of Pasadena to award a construction contract within sixty (60) days of advertising for bids shall entitle La Porte to construct the Drainage Improvements on the Pasadena Annexation Property. In the event La Porte constructs the Drainage Improvements, Pasadena shall, subject to its final approval and Council authorization, pay for the cost of such project up to the amount budgeted, plus an additional twenty (20) percent for La Porte's subsequent project management services no more than thirty (30) days after demand for payment is submitted. f) Force maieure. In no event shall the City of Pasadena be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the City of Pasadena shall use reasonable efforts which are consistent with accepted practices in the construction industry and the contractual limitations prevailing with its vendors then in privity, to resume performance as soon as practicable under the circumstances. Section 2. Exhibit "C" of the Interlocal Agreement, titled "Proposed Drainage Improvements", is hereby amended in its entirety, and shall hereinafter read as follows; PROPOSED DRAINAGE IMPROVEMENTS As part of a planned redevelopment of the Pasadena Convention Center and Fairgrounds site south of W. Fairmont Parkway and on either side of Willow Springs Bayou (Harris County Flood Control Channel 13112-00-00 it is the intention of the City of Pasadena to make drainage improvements benefitting all those who depend upon the B112-00-00 channel (the "channel" herein) for effective flood control. Improvements will include provision for at least 100 acre feet of storm water detention as required to reduce peak event runoff volumes from impervious areas served by the channel. The Brookglen Subdivision in the City of La Porte, located immediately upstream of the Pasadena Convention Center and Fairgrounds site, consists of approximately 600 single-family 3 homes. The area has experienced severe flooding, with a number of homes suffering repetitive losses. In the 2009 City Wide Drainage Study (available on the City's website), the City of La Porte identified several capital projects directly benefiting the drainage area immediately north of the Pasadena Convention Center and Fairgrounds site. Based on the substantial potential capital projects costs and other engineering studies the Parties believe that reductions in the range of % foot to one foot of the water surface elevation through downstream improvements constructed by the City of Pasadena would have significant financial benefit to the City of La Porte, both in terms of reduced exposure to flood losses and opportunity to avoid certain capital expenditures. Any conveyance of the Pasadena Annexation Property to a third -party will include and be subject to a restrictive covenant in recordable form, obligating the purchaser to abide by the terms of this Agreement, Including the obligation to 1) install drainage infrastructure providing for all duly required storm water detention exclusive of any storm water detention requirements made necessary due to construction on the Pasadena Annexation Property, and 2) Pasadena will provide La Porte the necessary modeling information performed by Klotz Associates, Inc. for future LOMR submittal to FEMA. La Porte and Pasadena understand and agree that Pasadena's construction of Drainage Improvements constitutes no guarantee or assurance that such Improvements will, in fact, cause or result in a reduction of flood waters or flooding in any area in La Porte. La Porte and Pasadena further agree that such Drainage Improvements as outlined In this Agreement do, in fact, constitute the best efforts of Pasadena to mitigate flooding in the area described. §MIlon 3. Except as amended as provided herein, the Interlocal Agreement between the City of Pasadena and the City of La Porte, effective as of July 3, 2012, shall remain in full force and effect. Agreed and accepted pursuant to City of Pasadena Ordinance No. 21-052, and effective April fi, 2021. City of Pasadena Public Works Director Robin Green City of Porte Autho d Representatve Date . � -, 8 l Date AGENDA REQUEST ® ORDINANCE RESOLUTION � F NO: 2021-050? Authorizing and approving an Ordinanceto Amend Ordinance No. 2012-006, which authorized and approved an annexation agreement by and between the City of Pasadena and the City of La Porte to amend the Extraterritorial (ETJ) Agreement between said cities, as described by exhibit "A the Agreement-. The Amendment provides for a revisedtimeline to begin and to complete the detention facility construction obligation of the City of Pasadena pursuant to Ordinance No. 2012-006. RECOMMENDATIONS & JUSTIFICATION: Approve Amended annexation agreement between the City of Pasadena and the City of La Porte for exchange of property within their respective ETJ's. (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE) BUDGETED: ❑ COUNCIL DISTRICTS) AFFECTED: REQUIRES APPROPRIATION: See attached Certification • J COUNCIL ACTION Robin Green DATE:03/8/2021 REQUESTING PARTY (TYPED) FIRST READING: FINAL READING: a as BUDGET DEPARTMENT MOTION MOTION V� 0- L L4L AECOND t 1� 1-1 r SECOND PURCHASING DEPARTMENT APPROVED: - ote `TTORNEY b 3- /1. CITY DATE DATE MA OR DEFERRED: ORDINANCE NO. 202165c� - Authorizing and approving an Ordinance to Amend Ordinance No. 2012- 006, which authorized and approved an annexation agreement by and between the City of Pasadena and the City of La Porte to amend the Extraterritorial (ETJ) Agreement between said cities, as described by exhibit "A", the Agreement. The Amendment provides for a revised timeline to begin and to complete the detention facility construction obligation of the City of Pasadena pursuant to Ordinance No. 2012-006. WHEREAS, the City of Pasadena by Ordinance No. 2012-006 authorized and approved, an interlocal agreement by and between the City of Pasadena and the City of La Porte, adjusting Extraterritorial Jurisdiction (ETJ) Agreement between said cities, as described by exhibit "A", the Agreement; and WHEREAS, the Public Works Department has recommended to the City, that said Interlocal Agreement be amended as set forth in the attached as Exhibit "A" and incorporated herein for all purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the City Council hereby adopts the preamble to this Ordinance. SECTION 2. That the Interlocal Agreement by and between the City of Pasadena and the City of La Porte, attached hereto as Exhibit "A", amends the obligation of the City of Pasadena to provide a 100 acre/foot detention facility using a portion of 99-acre tract of land east of the City of Pasadena Convention Center, as described Amend-AnnexAgmt.LaPorteOrdl2_006-2021 (2) by Exhibit "A" of the agreement, is hereby authorized and approved. SECTION 3. That the City Council officially determines 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 confirms such written notice and the contents and posting thereof. (SIGNATURE AND APPROVAL - NEXT PAGE) Amend-AnnexAgmt.LaPorteOrdl2_006-2021 (2) PASSED ON FIRST READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall this the _- day of MarcA r A.D. , 2021. APPROVED this the day of o.' Z'/ , , A.D. , 2021. Oocr-4� J A . WAGN R,' F MAYOR OF THE CITY OF PASADENA, TEXAS ATTE APPROVED LIN RORICK JAY . DALE CITY SECRETARY "' CITY ATTORNEY CITY OF PASADENA, TEXAS CITY OF PASADENA, TEXAS PASSED ON SECOND AND FINAL READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall this the day of A. D., 2021. APPROVED this the day of A.D., 2021. LINDA RORICK CITY SECRETARY CITY OF PASADENA, TEXAS Amend-AnnexAgmt.LaPorteOrdl2_006-2021 (2) F A. THE WAG CITY ER, OF MAYOR PASADENA, TEXAS 1746 JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS