HomeMy WebLinkAboutO-2006-2865
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ORDINANCE NO. 2006- ;). S~ ,
AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE
AGREEMENT BETWEEN THE CITY OF LA PORTE AND FIRST INDUSTRIAL L.P.,
FOR A TERM COMMENCING UPON THE EFFECTIVE DATE OF PASSAGE AND
APPROVAL OF TIDS ORDINANCE AND EXPIRING ON DECEMBER 31, 2007;
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 Mayor 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.
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 City 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 opened 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
Section 3.
and it is so ordered.
This ordinance shall be effective from and after its passage and approval,
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PASSED AND APPROVED, this 23rd day of January, 2006.
By:
CITY OF LA PORTE
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Alton E. Porter
Mayor
ATTEST:
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Mart a A. Gillett
City Secretary
APPROVED:
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Knox W. Askins
City Attorney
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Aoorooriation
Agenda Date Requested: January D. 1006
Source of Funds: NI A
Requested By: Wayne Sabo
Account Number: N/A
Department: PlanDine:
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: -X-
Amount Requested: N/A
Exhibits:
A. Ordinance for Industrial District Agreement
B. Industrial District Agreement
C. Ordinance for Water Service Agreement
D. Water Service Agreement
E. Area Map
Budgeted Item: _YES ..L..NO
SUMMARY & RECOMMENDATION
Council has approved a policy to provide limited utility services to companies located outside the city limits
but within the City's industrial district. These companies are required to maintain a current Industrial District
Agreement (IDA) with the City in order to be eligible for water and/or sanitary sewer service.
First Industrial Texas, L.P., recently purchased the former Jacobson Warehouse tract at 11505 State
Highway 225 (see Exhibit -Ej and desires to expand current operations by constructing two new
warehousing units to be located on the former Jacobson Warehouse tract in the Battleground Industrial
District. First Industrial Texas, L.P. has approached the City to facilitate an increase in its allocated water
demand for its new warehouses.
Based on the company's stated demand for increased domestic uses, the average daily demand for water is
estimated at 3,000 gallons per day, which is within council's approved policy limits. The applicant will pay
one and one-half (1-%) times the City's current utility rate. The current Water Service Agreement (yVSA)
with Jacobson Warehouse stipulates an average daily demand of 1,750 gallons - resulting in an increasing
of 1,250 gallons per day for the new company.
At the original time of construction, Jacobson Warehouse provided full reimbursement for its share of the
public waterfine originally extended for the area by John Frantz. Therefore, no additional fees will be
incurred by First Industrial Texas, L.P. The ordinances and aareements oresented this evenina orimarilv
reflect a chanae in ownershiD of the oriainal tract and an increase of the COmDany'S averaae dailv demand
for domestic water use.
The term of the updated IDA and WSA expires on December 31,2007, plus any renewals and extensions
thereof. However, the agreements shall automatically expire at such time as there is no effective Industrial
District Agreement between the parties or if the City exercises the right of termination. Staff recommends
approval of the Industrial District Agreement and Water Service Agreement as submitted herein.
Action Reauired by Council:
Consider approval of two ordinances: an ordinance authorizing the City Manager to execute an Industrial
District Agreement with First Industrial Texas, L.P. and an ordinance authorizing the City Manager to
execute a Water Service Agreement with First Industrial Texas, L.P.
ADDroved for City Council Ae:enda
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Date