02-27-17 Regular Meeting of the La Porte City Council

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REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM February 27, 2017February 27, 2017AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Brian SterlingBrian SterlingSource of Funds:Source of Funds: Requested By:Requested By: Planning & DevelopmentPlanning & DevelopmentAccount Number:Account Number: Department:Department: Report:Resolution:Resolution:Ordinance:Ordinance:Amount Budgeted:Amount Budgeted: Other:Amount Requested:Amount Requested: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1.Draft Municipal Water Service AgreementDraft Municipal Water Service Agreement 2.Previous Agenda Item for MWSA (1Previous Agenda Item for MWSA (1--2525--10)10) 3.Area MapArea Map SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Mr. Richard Kimes, owner of 9515 Spencer Highway in Deer Park has requested water service from the Mr. Richard Kimes, owner of 9515 Spencer Highway in Deer Park has requested water service from the City of La Porte through a Municipal Water Service Agreement. The City of Deer ParkCity of La Porte through a Municipal Water Service Agreement. The City of Deer Parks water s water distribution system does not currently extend to serve the subject site. distribution system does not currently extend to serve the subject site. The site has previously received water service from La Porte under a Municipal Water Service The site has previously received water service from La Porte under a Municipal Water Service Agreement between the owner, the City of Deer Park and the City La Porte. Council last approved Agreement between the owner, the City of Deer Park and the City La Porte. Council last approved renewal of the agreement in 2010. However, the agreement expired in 2015. At the time the last renewal of the agreement in 2010. However, the agreement expired in 2015. At the time the last agreement expired. agreement expired. Staff has reviewed the ownerStaff has reviewed the owners request and has determined that the City has the ability and capacity to s request and has determined that the City has the ability and capacity to provide service to the subject site under the same terms as the previous agreement. provide service to the subject site under the same terms as the previous agreement. provide service to the subject site under the same terms as the previous agreement. provide service to the subject site under the same terms as the previous agreement. Under the previous agreement, the City billed the owner at one and oneUnder the previous agreement, the City billed the owner at one and one--half (1half (1--1/2) times its prevailing 1/2) times its prevailing commercial water rate and retained the right to interrupt or terminate water service to the facility at any commercial water rate and retained the right to interrupt or terminate water service to the facility at any time the water main or the ownertime the water main or the owners service line experienced a failure. Additionally, the property owner s service line experienced a failure. Additionally, the property owner assumed all liability for any damage to the Spencer Highway roadway resulting from loss of water assumed all liability for any damage to the Spencer Highway roadway resulting from loss of water and/or repairs conducted by the owner on his service line. The previous agreement also contained and/or repairs conducted by the owner on his service line. The previous agreement also contained provisions allowing the City to terminate its water service to the site in the event that the City of Deer provisions allowing the City to terminate its water service to the site in the event that the City of Deer Parks potable water facilities become available within twos potable water facilities become available within two--hundred (200) yards of the ownerhundred (200) yards of the owners site. The s site. The term of the agreement was three (3) years with an option for an additional two (2) year extension. term of the agreement was three (3) years with an option for an additional two (2) year extension. The new Municipal Water Service Agreement has been drafted for the term of one (1) year from the The new Municipal Water Service Agreement has been drafted for the term of one (1) year from the date of passage and approval of the agreement to allow sufficient time for the City of Deer Park to date of passage and approval of the agreement to allow sufficient time for the City of Deer Park to construct a water main extension to provide service to the subject property.construct a water main extension to provide service to the subject property.