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• • <br />Page 2 <br />Mr. Bob Herrera <br />June 3, 1988 <br />I am informed that the City Council of the City of La Porte has <br />expressed an intent to annex BAYMUD on or about January 1, 1989. Thus, <br />the benefits of seating a Director on the La Porte Area Water Authority <br />from BAYMUD would be short lived at best. <br />In addition, if I am incorrect in my assessment of the La Porte Area <br />Water Authority's ability to annex BAYMUD, and a Director is seated on <br />the Board of the La Porte Area Water Authority, without appropriate <br />legal qualification, such an act could cloud the ability of the <br />Authority to appropriately enter into contracts, sell bonds, or take <br />other powers consistent with the Authority act. Thus, I conclude that <br />the La Porte Area Water Authority is empowered by law to annex BAYMUD, <br />but I further conclude that the benefits of such an action are to the <br />La Porte Area Water Authority, the City of La' Porte, and BAYMUD, <br />dubious at best, and I submit that the potential disadvantages outweigh <br />the potential advantages of such an action. <br />Finally, the status of the City of Shoreacres comes into question, and <br />depends on the actions' of the La Porte Area Water Authority regarding <br />the annexation of BAYMUD. The Authority boundaries are set forth in <br />Section 3 of the Authority Act. It takes an act of annexation by the <br />La Porte Area Water Authority, consistent with Section 8 of the <br />Authority Act, to add land to said boundaries. BAYMUD will not be <br />added to the boundary of the La Porte Area Water Authority if and when <br />the City of La Porte annexes BAYMUD, until the La Porte Area Water <br />Authority annexes BAYMUD. The City of Shoreacres will not be eligible <br />for annexation into the boundaries of the La Porte Area Water Authority <br />until a boundary of the Authority and a boundary of Shoreacres are <br />contiguous and adjacent, pursuant to Section 8 of the Authority Act. <br />Thus, for Shoreacres to be annexed into the La Porte Area Water <br />Authority, BAYMUD would first have to be annexed into La Porte Area <br />Water Authority, extending a boundary of the La Porte Area Water <br />Authority to a point adjacent to the City of Shoreacres boundaries. <br />Respect~ull~ ~.y~bmitted, <br />JoB~ D. ~rmstrong <br />JDA:rad <br />