HomeMy WebLinkAboutR-1996-10
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RESOLUTION NO. 96-10
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, TO BE
SUBMITTED TO THE 75TH LEGISLATURE TO SUPPORT A REPEAL OF SECTIONS 43.077
AND 43.078 OF THE LOCAL GOVERNMENT CODE, WInCH IMPACT THE DISSOLUTION
OF THE CLEAR LAKE WATER AUTHORITY WITHOUT BENEFIT OF AGREEMENT BY
MUNICIPALITIES WITHIN THE AUTHORITY'S SERVICE AREA.
WHEREAS, the Clear Lake City Water Authority (the "Authority") was created by the
Legislature of the State of Texas in 1963 as a conservation and reclamation district pursuant to
Article XVI, Section 59 of the Texas Constitution;
WHEREAS, since its creation the Authority has provided and delivered statutorily authorized
services to areas within its boundaries which exceed 15,000 acres and include parts offive different
municipalities or extraterritorial jurisdiction of such municipalities;
WHEREAS, the City of La Porte (the "City") is one of the five municipalities with lands
within the jurisdiction and the boundaries of the Authority;
WHEREAS, the City, its citizens, taxpayers and other constituents have enjoyed the benefits
and potential benefits of services by the Authority since its creation, and the City desires to continue,
for the benefit of its citizens, taxpayers and other constituents its relationship with the Authority;
WHEREAS, Sections 43.077 and 43.078 of the Local Government Code as currently
constituted, provide mechanisms by which the dissolution of the Authority would or could be
mandated under certain circumstances;
WHEREAS, Section 43.076 of the Local Government Code provides for a viable, orderly
and methodical dissolution of the Authority, should such dissolution be deemed appropriate;
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WHEREAS, Section 43.076 of the Local Government Code provides, among other matters,
that there be agreement among the affected municipalities before any dissolution of the Authority;
WHEREAS, the City desires that any dissolution of the Authority be effected only by the
agreement of all affected municipalities as opposed to any mechanism by which the Authority could be
dissolved without input being given by all of the five affected municipalities;
NOW, THEREFORE IT BE RESOLVED that the City unanimously supports the repeal
of Sections 43.077 and 43.078 of the Local Government Code and the removal from the Local
Government Code in their entirety of such sections.
APPROVED AND ADOPTED this } IJ day of December, 1996.
CITY OF LA PORTE
ATTEST:
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W. ity Secretary
Mayor
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