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Home My WebLink AboutO-1995-2065 . . ~ I u...J bo~~ fA ~~ D ~.=? ~, ... J'\ I ".. e . ORDINANCE NO. 95- 2065 AN ORDJ:NANCE APPROVJ:NG AND AUTHORJ:ZJ:NG AN J:NTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE HARRIS-GALVESTON COASTAL SUBSJ:DENCE DJ:STRICT, FOR PARTJ:CJ:PATION IN THE DJ:STRICT'S "LEARNING TO BE WATER WISE AND ENERGY EFFICIENT" PROGRAM; APPROPRIATJ:NG NOT TO EXCEED $2,744.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATJ:NG 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 $2,744.00 from the Non-Departmental Division of the utility Fund No. 002-810-810-606 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 SSl, 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. e e ORDINANCE NO. 95-2065 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 2sth day of September, 1995. CITY OF LA PORTE By: ~~~ N,_ m~n r-: In,' Mayor ATTEST: 5- - e ~ Sue Lenes, city Secretary ^2Z~~ Knox W. Askins, City Attorney e e THE STATE OF TEXAS ~ COUNTY OF HARRIS ~ INTERLOCAL AGREEMENT This Interlocal Agreement ("Agreement") entered into by and between the Harris- Galveston Coastal Subsidence District, a body corporate and politic under the laws of the State of Texas ("Subsidence District") and City of La Porte, also a body corporate and politic under the laws of the State of Texas ("Sponsor"). 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 "any local government to establish water conservation goals, guidelines, and plans to be used within the district. "; 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 Agreement; and Interlocal Agreement: Version 1.1 Page 1 of 4 e . WHEREAS, this Agreement is made pursuant to the TEX. GOV. CODE ~791.001, et seq, the Interlocal Cooperation Act (Vernon 1994); 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-selVice 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 fonns 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 ConselVation Commission. 1.02 The Subsidence District will maintain a Groundwater Bank and shall provide water conselVation 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 permit and all groundwater withdrawals will be subject to the permit fees and other rules of the District in effect at the time of the permit. 1.03 The Subsidence District shall perform all coordination activities without charge to the InterJocal Agreement: Version 1.1 Page 2 of 4 e e Sponsor. The Sponsor may assist in any coordination activities and may participate in any phase of the Project at its own discretion. II. PAYMENT 2.01 The sponsor agrees to cosponsor one-half of the students at the following schools in La Porte ISO, which had a total 1994-95 fifth grade enrollment of 196: Bayshore Elementary La Porte 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 consideration 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. InterJocaJ Agreement: Version 1.1 PlIge 3 of 4 e e 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. SPONSOR t. \<~.J ~ l..c;.. Pc) A By: G?~ T,~ , (Title) (.~k"'J (Y)c...\J~.st.V" ATTEST: J LA~ By: C'\1Tit~ Date: /0 - ~- 9~- HARRIS-GALVESTON COASTAL SUBSIDENCE DISTRICT ATTEST: ~ k ...........,- Gregt(ry . ., General Counsel Date: jP--7' -'6" Interlocal Agreement: Version 1.1 Page 4 of 4 THE 15/J:l!b8idtfi/~ D~STR~C'T e . Thursday, October 05, 1995 i I f I ",-" i '"i ,F<::- C ,.... -.. c:.! V 12 Q' Cr- OCT is I99s I Y M~NA OFFICE GERS City of La Porte Ms. Carol Buttler P.O.Box 1115 La Porte, Texas 77571-1115 Dear Ms. Buttler: Enclosed is the I nterlocal Agreement between the Subsidence District and City of La Porte for the the cosponsorship of Bayshore and La Porte Elementary Schools. Last school term was a fantastic year introducing the \.edrning to Wdter Wise &. Energy Efficient™ Program and we thank you for helping make it so successful. I am pleased to report that every school in La Porte ISO is now sponsored! We look forward to working with your City in the upcoming year. The following list of start dates have been received: La Porte Elementary Reid Elementary Lomax Elementary October '95 start April '96 start March or April '96 start I will forward the remaining school start dates as received. Again, thank you for your support and for your City's commitment to community improvementl Sincerely, ,""" ~J~.~ Susan Brown Program Coordinator HARRIS-GALVESTON COASTAL SUBSIDENCE DISTRICT 713-486-1105 FAX 713-488-6510 1660 WEST BAY AREA BOULEVARD FRIENDSWOOD, TEXAS 77546-2640 ...-." -_.J..