HomeMy WebLinkAboutOrd 1511 - Bellaire-Brays fee strip used for HCFCD
r.om: JAMES DOUGHERTY To: Ms. Kay Holloway
Date: 8/25/95 Time: 15:19:31
Page 2 of 5
ORDINANCE NO. l..5.1l
AN ORDINANCE RELATING TO THE BELLAIRE-BRA YS FEE STRIP
USED FOR A HARRIS COUNTY FLOOD CONTROL DITCH;
AMENDING TIIE CODE OF ORDINANCES OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
Section 1. That Chapter 18 of the Code of Ordinances of the City of West
University Place, Texas is hereby amended to by adding a nevv Subchapter C
(Section 18.301), which shall read as follows:
Subchapter C.
Certain Facilities
Sec. 18.301. Bellaire-Brays Fee Strip.
(a) Generally. The BeIlaire-Brays Fee Strip is the sixty-foot fee strip o\VJ1ed by the
City between Bellaire Boulevard and Brays Bayou. It is subject to a drainage easement
owned by the Harris County Flood Control District ("HCFCD"). The Public Works Director
may issue a permit to allow the physical use and occupancy of a limited, defined area within
the Bellaire-Brays Fee Strip if all the circumstances prescribed below are present. The
Director may renew such a permit, if: (i) such circumstances are still present, (ii) there is no
default by the applicant in connection with a previous pennit, and (iii) this Code allows such a
renewal at the time. A permit for such use conveys neither an interest in the property nor a
vested right. A permit is subject to revocation or amendment upon 60 days' advance notice.
(b) Circumstances for issuance, renewal. To issue or renew a permit, the following
circumstances must be present:
(1) The Public Works Director must be satisfied that the permit is reasonable and
consistent with use by the HCFCD and the City.
(2) If the permit involves a drainage facility, the permit must contain assurances by the
applicant that: (i) the applicant has separately obtained whatever drainage right it
needs from the HCFCD, (ii) the applicant understands and agrees that the City is not
granting any kind of drainage right, but only the right to use a limited, defined area.
(3) The applicant must pay the fee for the full permit term in advance, plus a deposit in an
amount equal to the cost of restoring the limited, defined area to its previous condition
when the permit is no longer in effect. The fee is set by the current fee schedule at the
time the permit is issued or renewed. The deposit is estimated by the Public Works
Director.
(4) 1l1e permit: (i) is otherwise in a form approved by the City Council, including any
prescribed indemnities and protective clause, (ii) is for a term not exceeding one year,
subject to renewal to the extent allowed by this Code, as amended fTom time to time,
and (iii) is signed by the applicant.
F,om: JAMES DOUGHERTY To: Ms. Kay Holloway
Date: 8/25/95 Time: 15:21:07
Page 3 of 5
Section 2. Until changed by subsequent ordinance or general fee schedule,
the fee for such permits is $2,000 for the first year and $150 for each renewal. The
attached permit form is approved by the City Council.
Section 3. 1bis ordinance applies from and after its effective date. Any
violations committed before the effective date are governed by the ordinances in
effect before the effecttve date, and they are continued in effect for this purpose.
Section 4. All ordinances and parts of ordinances in conflict herewith are
hereby repealed to the extent of the conflict only
SectIon 5. If any word, phrase, clause, sentence, paragraph, section or other
part of this ordinance or the application thereof to any person or circumstance, shall
ever be held to be invalid or unconstitutional by any court of competent jurisdiction,
neither the remainder of this ordinance, nor the application of such word, phrase,
clause, sentence, paragraph, section or other part of this ordinance to any other
persons or circumstances, shall be affected thereby.
Section 6. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at
which this ordinance was discussed, considered or acted upon was given in the
manner required by the Texas Open Meetings Act, as amended, and that each such
meeting has been open to the public as required by law at all times during such
discussion, consideration and action. The City Council ratifies, approves and
confmns such notices and the contents and posting thereof. The City Council
officially finds, determines and declares that sufficient notices of the joint public
hearings were given, and the City Council ratifies, approves and confirms such
notices, including the contents and the method in which they were given.
Section 7. This ordinance shall become effective on the tenth day following
its publication, as provided in the City Charter.
From: JAMES DOUGHERTY To: Ms. Kay Holloway
Date: 8/25/95 Time: 15:22:32
PASSED AND APPROVED ON FIRST READING, this ~v of
~~~ ,19~ "
Councilrnernbers Voting Aye:
Councilrnernbers Voting No:
Councilrnernbers Absent:
d
PASSED AND APPROVED ON SECOND READING, this ~ day of
~d~ ,19fls
Councilrnernbers Voting Aye:
Councilrnernbers Voting No:
Councilrnernbers Absent:
~~
Signed:
Mayor
Attest:
(Seal)
~~~
R:]~~
City Attorney
b23\54obcll
Page 4 of 5
-rom: JAMES DOUGHERTY To: Ms. Kay Holloway
Date: 8/25/9'1 rUlle: 15:23:09
Page 5 of"
Form P-IOl(rev8-95)
PERMIT FOR SPECIAL OR PRIORITY USE OF A CITY FACILITY
Address
of
Address -
Contact person.
corporation; OR a sole proprzetorship
, OR a partnershIp
7ERM of perrmt-
,19_
FAC1Ul1' name
Bellaire-Br.tys Fee Srip
PERM17TEE
through
PermIttee is: a
,19_
Phone: Fax:
unless sooner
I terminated or
suspended.
1
PermItted part.
See Exhibit A attached
PERMIT7ED USE. Subject to all conditIOns oftlus Permit, and subject to Chapter 18 and the other prOVISIOns of the City's Code of
Ordmances, the City authonzes the PermIttee to use the pemutted part of the Facility during the term of this Pemut (all as defmed
above), for the followmg actIVIty only Construct. maintain, operate and remove tbe structure sbown in Exhibit A.
SPECL4L CONDITIONS (1) Tbe Permittee represents tbat it bas It bas separately obtained whatever drainage right It needs
from the Harris County Flood Control District. (2) The Permittee understands and agrees that the City Is not granting any
kind of drainage right, but only the right to use a limited, defined area. (3) The Permittee may construct, and shall thereafter
maintain in good condition, thl.' structure shown In Exhibit A, provided that the Pl.'rmlttee allows tbl.' City's englnel.'r to
examine the work during construction. (4) The Permittee shall restore the FacUlty to its pre-existing condition within 30 days
following the end of tbe end of the Permit term (unless there Is a renewal permit then Issued). (5) After restoration, the
Pl.'rmittl.'e shall maintain the restorl.'d arl'a through the third anniversary of the last day of tbe Permit term. Action to
maintain the restored area must begin within ten days following the date the Permittee becomes aware of a problem and must
be completed at the earliest practicable time. At tbe end of tbis tbree-year period, Permittee's deposit will be refunded if
Permittl.'e has fully complied with its obligations.
GENERAL CONDITIONS: The Permittee shall abide by the City's rules and policies for the Facility, as amended from time to time and
shall cause all particIpants in its actiVities to do so. The Permittee assures the City that it has inspected the Facility and accepts it "as is"
Permittee shall not alter the Facility, except as authorized in "Special Conditions." Permittee shall not cause any unreasonable adverse
effect on others, includmg, for example: effects of noise, vibration, odors, fumes, visual intrusions, flooding, congestion, vehicular traffic,
"sptllover" parkmg of vehicles. Permittee shall not cause any nUISance or health hazard. This Permit is non-exclusive, and it does not
convey any vested right or property right; It is revocable. This Permit is not assignable; it benefits only the Permittee. The City and the
Permittee are not partners or joint venturers. The Permittee is not an agent for the City. The Permittee is independent, controlling all
details, methods and techniques of its activities
INSURANCE AND INDEMNITY CONDITIONS. The PermIttee shall maintain l!lSurance in effect while using the Facility. The insurance
must: (I) be ISsued by state-authorized companIes, (ii) mclude general liability coverage of the Permittee's activities at the Facility, with
lumts of at least $500,000 per person and $5.000,000 per occurrence ($10,000,000 annual aggregate), and (iii) name the City and its
offIcers, agents, employees and representatives as "additionall!lSureds." In addition to insurance, THE PERMITTEE: (1) AGREES
THAT NEITIIER THE CITY NOR ANY OF ITS OFFICERS, AGENTS, EMPLOYEES AND REPRESENTATIVES SHALL
BE LIABLE FOR ANY OF THE "CLAIMS" DEFINED BELOW, AND (2) SHALL PROTECT, DEFEND, I.!\'DEMNIFY AND
HOLD HARi\fLESS THE CITY AND ALL OF ITS OFFICERS, AGENTS, EMPLOYEES AND REPRESENTATIVES
FROM AND AGAINST ALL SUCll "CLAIMS." THE TERM "CLAIMS" INCLUDES ANY AND ALL CLAIMS, LOSSES,
DAMAGES, CAUSES OF ACTION, SUITS M'D LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS AND ATTORNEYS FEES, FOR INJURY TO OR DEA m OF ANY PERSON, OR FOR
DAMAGE TO ANY PROPERTY , RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE
PERMITTEE'S ACTIVITIES AT TIIE FACILITY, REGARDLESS OF WHETHER SUCH INJURIES, DEATH OR
DAMAGES ARE CAUSED IN PART BY THE NEGLIGENCE OF THE INDKMNITEES. PERMITTEE INTENDS TO
DEFE.l\'D, INDEMNIFY, HOLD HARMLESS AND PROTECT THE INDEMNITEES FROM THE CONSEQUENCES OF
THEIR OWN JOINT OR CONCURRING NEGLIGENCE (BUT NOT SOLE NEGLIGENCE). The mdemrutees may select
defense counsel oftherr own choosmg, and thiS shall not affect the Permlttee's obligatIOn to bear the cost
CITY OF WEST UNIVERSITY PLACE, By ~ . __~
Address 3~OO University Boulevard, A TTN City Manager, Houston, Texas 77005
Date
(JLD)05c fonns\pl 01 54
AGREED TO BY PERMITTEE, By
Name
Title
Date