04-09-18 Regular Meeting of the La Porte City Council

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REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested April 9, 2018 Corby D. Alexander Source of Funds: Requested By Account Number: CMO Department: Amount Budgeted: Report: Resolution: Ordinance: Amount Requested: Budgeted Item: YES NO Exhibits: Consent Ordinance (redline) Exhibits: Consent Ordinance (clean) Exhibits: Amended and Restated Utility Agreement (redline) Exhibits: Amended and Restated Utility Agreement (clean) Exhibit: Deed Conveying property to Beazer SUMMARY & RECOMMENDATION On December 11, 2017, the City Council voted to approve an ordinance that created a Municipal Utility District. The ordinance contained a clause that it would only become effective if and when Beazer completed the purchase of the subject property. Beazer has closed on the purchase as indicated by the enclosed deed. However, Beazer has now requested that we revise the ordinance eliminating this provision that the ordinance become effective upon purchase. Beazer believes removing this provision will make gaining TCEQ approval easier as this type of clause is atypical for consent ordinances. Included in this agenda item is a revised ordinance deleting the above referenced provision. Additionally, the developer has acquire a new survey of the property. The new survey indicates that the property is 234.65 acres. The previous survey was for 234.686 acres with all documents reflecting the latter 234.686 acres. The enclosed consent ordinance, MUD petition, and utility agreement are revised to reflect the latest survey. Action Required by Council: Consider approval or other action Consent Ordinance and Utility Agreement associated with the creation of MUD 561. Approved for City Council Agenda Corby D. Alexander, City Manager Date