04-23-18 Regular Meeting of the La Porte City Council

Browse Search

REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested April 23, 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 (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 original 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. th Moreover, council provided staff direction at the April 9 meeting to incorporate further changes to the Utility Agreement. The attached Utility Agreement has been revised for the following: Article VI City Plant Capacity, Section 6.01 Water Supply and Distribution Facilities: o Notwithstanding any other provision of this Agreement or any act of the City, the District shall not be guaranteed any specific quantity or pressure of water whenever the City's water supply is limited or when the City's equipment or facilities may become inoperative due to emergencies, equipment installation, repairs, modifications, replacements, inspections, breakdown or maintenance; and the City is in no case to be held to any liability for failure to furnish any specific amount or pressure of water under such circumstances. In case of a shortage of water resulting from drought, the water to be distributed by the City among those entitled to receive water from the City, including the District, shall be divided in accordance with Texas Water Code, Section 11.039.