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HomeMy WebLinkAboutO-1967-766 A. .- ' e .' e. ,. . e ORDINANCE NO. 7 6.b AN ORDINANCE PROVIDING RULES, REGULATIONS AND STANDARDS UNDER WHICH THE CITY OF LA PORTE MAY GIVE ITS WRITTEN CONSENT FOR THE CREATION OF ANY POLITICAL SUBDIVISION HAVING AS ONE OF ITS PURPOSES THE SUPPLYING OF FRESH WATER FOR DOMESTIC OR COMMERCIAL USES OR THE FURNISHI~G OF SANITARY SEWER SERVICES, WITHIN THE AREA OF THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF LA PORTE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Subsection B of Section 8, Article 970a, V.A.C.S., provides, in part, that no political subdivision having as one of its purposes the supplying of fresh water for domestic or commercial uses or the furnishing of sanitary sewer service may be created within the area of the extraterritorial juris- diction of any city without the written consent of such city; and WHEREAS, territory within the extraterritorial juris- diction of the City of La Porte may be permanently annexed to the City of La Porte, and the City of La Porte therefore has a direct interest in the design, construction, operation, and financial arrangements of such political subdivisions; and WHEREAS, it is contemplated that, from time to time, proponents of the creation of such political subdivisions will seek the consent of the City Commission of the City of La Porte for their creation, either under the general laws, or by special act of the Legislature, and the City of La Porte has not hereto- fore established rules, regulations, and standards for the granting of its said consent; and WHEREAS, in the cases of the granting of the City of La Porte's consent to the creation of such political subdivisions, it would be to the best interests of the City of La Porte that the proponents of the creation of such political subdivisions expressly agree and covenant, in writing, to adhere to such rules, regulations and standards, as promulgated by the City of La Porte: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1. The City Commission of the City of La Porte a,.. --- e-... .-, .~ , e -2- hereby finds, determines and declares that it is to the best interests of the City of La Porte, and of the territory within its extraterritorial jurisdiction, that the proponents of any political subdivision having as one of its purposes the supplying of fresh water for domestic or commercial uses, or the furnishing of sanitary sewer service, when such district is sought to be created within the area of the extraterritorial jurisdiction of the City of La Porte, shall as a prerequisite to the written consent of the City of La porte, agree and covenant in writing, to adhere to the following rules, regulations, and standards: (a) Bonds may be issued by the district only for the purpose of purchasing and constructing, or purchasing or con- structing or otherwise acquiring waterworks systems and sanitary sewer systems, and to make any and all necessary purchases, constructions, improvements, extensions, additions and repairs thereto, and to purchase or acquire all necessary land, rights- of-way, easements, sites, equipment, buildings, plants, structures, and facilities therefor, and to operate and maintain same, and to sell water and other services within or without the boundaries of the district. Such bonds may not be exchanged for property acquired by purchase, or in payment of the contract price of work done or services rendered for the use and benefit of said district. Such bonds may only be sold for cash and the proceeds thereof paid over py the directors to the depository for said District. Such bonds and all refunding bonds issued by the district shall only be sold after the taking of public bids therefor, and all bonds and refunding bonds shall be sold for cash for not less than par and accrued interest and shall bear interest at a rate not more than six per cent (6%) per annum, and be issued under terms and conditions approved in writing by the City of La Porte. (b) The district shall submit the plans and specifica- tions for all construction of water and sanitary sewer facilities e-- , er e..-,. --I--~ . e -3- to such city for approval and such district must obtain the approval thereof by such city before commencing construction thereof. The construction of the district's water and sanitary sewer facilities shall be in accordance with the approved plans and specifications and with applicable standards and specifica- tions of the City of La Porte and during the progress of the construction and installation of such facilities, the City Engineer of the City of La Porte, or an employee thereof, shall make periodic on-the-ground inspections, and no such construction shall be started or undertaken by the district unless it has in its possession the following: (c) A certificate of the district's engineer, who shall be a registered professional engineer under the laws of the State of Texas, that, in his opinion, such construction conforms to said city's established standards and specifications; and a letter or certificate of the City Engineer of said City of La Porte, that, in his opinion, such construction conforms to said City's established standards and specifications; moreover, the Owner or the Developer of the land shall covenant and agree that he or they will, prior to the sale of any lot or parcel of land, obtain the approval of the Planning and Zoning Commission of the City of La Porte of a plat and properly record it, and otherwise comply with the Rules and Regulations of the Planning and Zoning Commission of the said City, as contained in the City of La Porte Subdivision Ordinance No. 705. (d) Full-time resident inspection shall be provided during the construction period, by inspectors approved by the City Engineer of the City of La Porte, which inspectors shall be removed upon request by said City Engineer if found not to be competent. In addition, an additional inspector or inspectors shall be furnished, if deemed necessary by the City Engineer. Daily inspection reports shall be furnished, with a copy to the City of La Porte. All construction contracts shall be let on a .. e.--.- .-. ~ . e -4- competitive bidding basis with the contract to be awarded on the basis of the lowest and best bid by a responsible, competent contractor, which bid shall include evidence of financial condi- tion of bidders. Bid bonds, payment bonds, performance bonds, and affidavits of payment shall in all cases be required. Upon completion of construction, submission of complete set of "as built" plans to the City of La Porte by the e!lgineer for the district shall be required. (e) Except to the extent of any conflict with any of the aforesaid provisions, the provisions of Article 7880-117, V.A.G.S., as amended, shall apply in their entirety to said political subdivision. Section 2. Upon application by the proponents of any such proposed political subdivision, to the City Commission of the City of La Porte, the City Commission of the City of La Porte shall consider all factors relevant to the creation of such political subdivision, and, if upon the basis of its consideration and deliberations, determines that such consent shall be given, the written agreement of the proponents of such political sub- division, to adhere to the rules, regulations, and standards contained in this ordinance, shall be a prerequisite to the granting of such written consent. Section 3. This Ordinance shall take effect and be in full force from and after its passage and approval. /) 4-~ day of Apr;l, 1967. PASSED AND APPROVED, this ~__ . ATTEST: Porte, Texas C~;;?L~~;/~l~~~te, Texas APPROVED: 7/ d.L~ CITY ENGINEER, City of La Porte, Texas /~Et1it~ Texas