HomeMy WebLinkAboutNORTH 'J' ST INTERLOCAL AGREEMENTAGREEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS §
THIS AGREEMENT made and entered into by and between the CITY OF LA PORTE, a
municipal corporation of Harris County, Texas, hereinafter referred to as "CITY" and the PORT OF
HOUSTON AUTHORITY, a political subdivision of the State of Texas, hereinafter referred to as
"PORT",
WITNESSETH:
WHEREAS, PORT is in need of certain governmental services for the benefit of the people
and property at its Barbour's Cut Terminal; and
WHEREAS, CITY is able and willing to provide said governmental services to PORT,
upon the tenns, conditions, and covenants herein contained:
NOW, THEREFORE, pursuant to the authority granted by the Interlocal Cooperation Act
(Article 4413(32c), V.A.T.S.), and in consideration of the mutual covenants, agreements; and
benefits to both parties, it is hereby agreed as follows:
I.
CITY grants to PORT, CITY's consent for PORT to improve CITY's street Rielt-of-Way,
described as follows:
North Avenue J, from State Highway 146 to North 6th Street.
for the purpose of constructing and maintaining a public street, imcluditgassociated surface
drainage. The engineering design, including drainage, materials, plans and specifications, shall be
subject to the prior approval of CITY. Minimum standards for said project are set forth on Exhibit
"A" attached hereto. PORT shall also secure approval of Harris County as to the drainage design,
to insure that rurioff from the former Harris County landfill is accounted for in the drainage design.
N
PORT agrees to pay for all expenses associated with the design, construction, and
maintenance of the roadway, including any necessary adjustment to or protective measures required
for CITY utilities, or utilities operated by duly franchised CITY utility providers.
PORT shall maintain the roadway in a safe and passable condition except as follows. Thee)
parties agree that the roadway shall be for daytime use only, that street lights will not be provided
for use of the roadway after dark, and that the roadway shall be appropriately barricaded or other
means shall be employed by the PORT to prevent use of the road after dark.
IV.
This Agreement shall be effective December 1, 2006, for a five (5) year initial term, and
shall continue thereafter on a year-to-year basis, unless cancelled by either party hereto upon .one
(1) year's written notice to the other party hereto. CITY acl nowledges that unless this
Agreement is amended and additional funds are thereby made available, it is. expressly
understood and agreed that PORT has available the maximum sum of $250,000 to satisfy its
obligations for construction of the roadway ender this Agreement. PORT shall not be obligated
to expend any funds more than the said maximum sum for its obligations for construction of the
roadway under this Agreement. The parties recognize that the roadway to be constructed and
maintained by PORT shall be primarily utilized by truck traffic to PORT's Barbour's Cut
Terminal, and CITY shall .have no maintenance responsibility for said roadway upon termination
of this Agreement.
EXECUTED IN DUPLICATE ORIGINALS, effective as of this the 1" day of December,
2006:
P.M
ATTEST:
�.Vlaa a A. Gillett
City Secretary
APPROVED:
I�nox W. AsIdus r
City Attorney
CITY
Zhn. E. ioe
Interim ty Ivlanager
PORT OFF HO. STON AUTHORITY
BY:�
ft'thon�a-s Kornega
Executive Director
APP ED:
—7�
Jiiliny M. �json
Director of Operations
AID RI'OOVED AS F
!:!
Erik A. Eriksson
General Counsel
AUDITOR'S CERTIFICATE
I hereby certify that funds are available to pay the obligation of the Port of Houston Authority of
Harris County, Texas under this contract.
eall� J4-"�
Barbara J. Scho
County
EXHIBIT "A"
To Agreement between City of La Porte and the Port of Houston
Authority.
Minimum standards for engineering design for the improvement of
North Avenue J, and associated drainage:
8" lime -stabilized subgrade and 10" cement -stabilized base with a
single course of inverse penetration as a dust treatment.