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Home My WebLink AboutO-1995-2022 . . ORDINANCE NO. 95- 2022 AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE BARRIS-GALVESTON COASTAL SUBSIDENCE DISTRICT, FOR PARTICIPATION IN THE DISTRICT'S "LEARNING TO BE WATER WISE AND ENERGY EFFICIENT" PROGRAM; APPROPRIATING NOT TO EXCEED $9,324.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. The City Council appropriates the sum not to exceed $9,324.00 from utility Contingency Fund No. 002-810-810-904 to fund said contract. section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter "551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The city Council further ratifies, approves and confirms such written notice and the contents and posting thereof. . . ORDINANCE NO. 95-2022 PAGE 2 section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 27th day of February, 1995. CITY OF LA PORTE By: ~~?77(4u ~o man L. Malone, Mayor ATTEST: ~.o/~ Sue L es, city Secretary ~cJ Knox W. Askins, City Attorney I .-: -- . THE STATE OF TEXAS ~ COUNTY OF HARRIS ~ INTERLOCAL AGREEMENT This Interlocal Agreement (IIAgreementll) entered into by and between the Harris- Galveston Coastal Subsidence District, a body corporate and politic under the laws of the State of Texas (II Subsidence Districtll) and the City of La Porte, also a body corporate and politic under the laws of the State of Texas (IISponsorll). WITNESSETH: THAT WHEREAS, the Subsidence District is the regulatory agency responsible for preventing subsidence through reduction of groundwater withdrawals, and Section 151.079, Water Code, specifically provides that the Subsidence District may cooperate with lIany local government to establish water conservation goals, guidelines, and plans to be used within the district.lI; and WHEREAS, the Subsidence District cannot achieve water conservation goals without the cooperation and assistance of the public water supply systems; and WHEREAS, the Subsidence District has designed a project to achieve water conservation through the retrofit of plumbing fixtures combined with a strong educational component administered through the public schools; and WHEREAS, this project, "Learning to be Water Wise and Energy Efficient" has been tested in several area schools; and WHEREAS, the plumbing retrofit devices used as part of this Project have been tested in the Municipal Utility District No. 55 Project, jointly sponsored by that District, the Texas Water Development Board, and the Subsidence District, and have demonstrated an average savings of 1,400 gallons of water per month; and WHEREAS, the Sponsor is also dedicated to conserving water supplies and providing outstanding service to their customers and taxpayers; and WHEREAS, the governing bodies of the Subsidence District and the Sponsor have duly authorized this Agreef!lent; and WHEREAS, this Agreement is made pursuant to the TEX. GOV. CODE ~791.001, et seq, the lnterlocal Cooperation Act (Vernon 1994); lnterlocal Agreement: Version 1.1 Page 1 of 4 . e NOW THEREFORE, for and in consideration of the mutual promises and representations herein contained, the parties hereby agree as follows: I. PROJECT ADMINISTRATION 1.01 The Subsidence District will coordinate the Project by doing the following tasks: (A) Purchase and distribute the school curriculum kits, including the teacher's guide, teaching aids, and plumbing retrofit kits. (B) Provide in-service training to teachers and provide all support functions such as slide presentations, video presentations, publications, and program outlines. (C) Conduct an evaluation of the program, collecting and analyzing evaluation forms from teachers, students, administrators and parents, and provide the evaluation results to the Sponsor. (D) Provide all necessary documentation to the Texas Education Agency, Texas Water Development Board, and Texas Natural Resource Conservation Commission. 1.02 The Subsidence District will maintain a Groundwater Bank and shall provide water conservation credits as follows: (A) The Sponsor shall receive a Certificate of Deposit water conservation credit equal to 84,000 gallons of groundwater (which equals 1,400 gallons per month for five years) for each student sponsored. (B) The Sponsor may hold, transfer, sell or redeem the Certificate of Deposit at any time. (C) Redemption of the Certificate of Deposit requires the Subsidence District to increase the redeemer's groundwater allocation by the amount of the water conservation credit. This absolute right to increase the groundwater allocation does not in any way affect the other terms and conditions of the groundwater pennit and all groundwater withdrawals will be subject to the pennit fees and other rules of the District in effect at the time of the pennit. 1.03 The Subsidence District shall perform all coordination activities without charge to the Sponsor. The Sponsor may assist in any coordination activities and may participate in any phase of the Project at its own discretion. Interlocal Agreement: Version 1.1 Page 2 of 4 . . II. PAYMENT 2.01 The sponsor agrees to sponsor the following schools in La Porte I.S.D., which had a total 1993-94 fifth grade enrollment of 324: Lomax Elementary Reid Elementary Rizzuto Elementary 2.02 The Sponsor hereby agrees to pay to the Subsidence District, promptly upon receipt of an invoice from the Subsidence District, the total amount due, which is equal to $28.00 per student sponsored. The above payment shall provide sponsorship for the above listed school(s) for one year. The amount of the invoice shall be calculated using the actual enrollment in the named schools for each year of the Project. 2.03 The sponsor agrees to pay a similar amount, adjusted for the actual cost of the sponsorship kit and the number of students sponsored, each year for the term of this Agreement. 2.04 This cost represents the sole monetary obligation of the Sponsor in exchange for and in con~ideration of the Subsidence District's obligations hereunder. III. TERM AND TERMINATION 3.01 The term of this Agreement shall be from the effective date hereof until termination of the Project, and shall be automatically renewed annually. This Agreement may be terminated by either party by providing 90 days written notice. 3.02 The Certificates of Deposit in the Groundwater Bank shall be transferred to the custody of the Sponsor at the end of each project year, and shall be honored by the District no longer than 40 years after the termination of this Agreement. lnterlocal Agreement: Version 1.1 Page 3 of 4 ,.:. . , IN WITNESS WHEREOF, the parties put their hands to this Agreement on the dates indicated below. This Agreement shall be effective on the date of the last signature hereto. r-- C ,. "'- .. ,'-"!:- . SPONSOR .- ~ :". ~,..... ' ~ ~. A TIEST: By: S"8 ~ (Title) Date: ~/cJ.~ / 9~- / / HARRIS-GALVESTON COASTAL SUBSIDENCE DISTRICT ATIEST: -~~~ Grego is, General Counsel Date: ./t;rt't /6: /1fb oJ lnterlocal Agreement: Version 1.1 Page 4 of 4