To the Residents of Barkers Crossing:
Please consider this letter as notice that the wooden bridge located along the walking trail in the Barkers Crossing Detention Pond has been authorized for immediate removal. This removal stems directly from the termination by the Barkers Crossing Homeowners Association (the “HOA”) of a corresponding agreement which provided for the continued use and maintenance of the bridge.
This agreement was established by both the HOA and Harris County Municipal Utility District No. 238 (the “MUD”) and obligated the HOA to address items like: “general site cleanup”; “mowing, edging, and trimming along the walking trail”; “trail re-surfacing”; and “regular inspection of and necessary repair of the wooden bridge” to ensure that the trail/bridge remained in a safe, usable condition for the residents of the Barkers Crossing subdivision while ensuring the MUD protected the hydrologic functions of the detention pond and maintained the surrounding property (owned exclusively by the MUD). However, despite the terms of the agreement, the HOA declined to provide the needed maintenance even after numerous requests to do so.
Consequently, the MUD recently spent its own funds to repair the trail—despite having no obligation to do so—and on several occasions the MUD has attempted to update the agreement to provide for, among other things, a potential cost sharing with Harris County and additional lighting and similar improvements. However, despite these efforts, the HOA tendered to the MUD on March 16, 2022, a termination of the agreement which has now resulted in the continued use of the trail and wooden bridge no longer authorized.
Therefore, without acknowledging any ongoing maintenance requirements with respect to the trail itself, the MUD is removing the bridge to immediately rectify its state of disrepair and to remove the liability associated with its potentially unsafe condition.
We appreciate your understanding, and please do not hesitate to contact my office should you have any questions about this matter. Thank you.
ROACH & ASSOCIATES, PLLC
Jonathan A. Roach
Attorney for Harris County MUD No. 238
2001 Timberlock Place, Suite 500, The Woodlands, Texas 77380