HomeMy WebLinkAboutO-2004-2792
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ORDINANCE NO. 2004- ~ 1qj..J
AN ORDINANCE APPROVING AND AUTHORIZING A MUNICIPAL WATER SERVICE
AGREEMENT BETWEEN THE CITY OF LA PORTE, THE CITY OF DEER PARK
AND GENE L. ZIGLER, 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
the reference. The
City Manager is
and all related
hereby authorized to
execute such document
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 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.
Section 3.
This Ordinance shall be effective from and
after its passage and approval, and it is so ordered.
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PASSED AND APPROVED, this 8th day of November, 2004.
ATTEST:
'--f!.ftliiAti., I1dd
Mart a A. Gillett, CIty Secretary
APPROVED:
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Knox W. Askins, City Attorney
CITY OF LA PORTE
By:
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Alton E. Porter, Mayor
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MUNICIPAL WATER SERVICE AGREEMENT
This agreement witnesseth that the City of Deer Park and the City of La Porte, both situated in Harris
County, Texas, have constructed and agreed by and between themselves as follows:
The City of La Porte agrees to furnish water from its existing municipal water distribution system to
provide water to 9515 Spencer Highway, in Deer Park, Texas. (Mailing address is 9515 Spencer Highway, La
Porte, Texas)
The initial term of this agreement shall be three (3) years with an additional two (2) year option term
which shall be automatically extended unless either City shall notify the other party to terminate in writing at
least thirty (30) days before the end of the initial three (3) year period.
The City of La Porte shall be paid by the owner of 9515 Spencer Highway, the amount of one and one-
half (1-1/2) times the prevailing commercial water rate of the City of La Porte.
The City of La Porte shall not be responsible for any repairs to the service line providing water to the
property at 9515 Spencer Highway. The service line is defined as the water line from the La Porte water main
on the south side of Spencer Highway to the owner's property and building. The property owner shall be solely
responsible for any and all repairs necessary to the service line providing water to the above-referenced location.
Additionally, the property owner shall be liable and responsible for any and all damage to the roadway or for
water loss caused by the property owner's repairs to service line, providing water to 9515 Spencer Highway.
The City of La Porte shall have the right to interrupt or terminate service at any time the water main or
service line is leaking until the line is repaired.
If water service from the City of Deer Park shall become available to within 200 yards of 9515 Spencer
Highway anytime during the term of this agreement, the City of La Porte shall terminate water service to said
property at the end of sixty (60) days from the availability of a City of Deer Park supplied potable water source.
The owner of the property at 9515 Spencer Highway shall execute this agreement to signify his
acceptance of all the terms, conditions and liabilities herein prescribed.
IN WITNESS WHEREOF, the City of Deer Park and the City of La Porte have caused this
agreement to be signed by the respective City Managers, the said agreeme t ving been authorized by action of
the Mayor and City Council of Deer Park taken on the L day of ~~ 2004
and by action of the Mayor and City Council of La Porte en on the g day of
1../ tJIJ{) m he r .2004.
~V/~f~-
By: Ron Crabtree
a~ii~~
By: Debra B. Feazelle
City Manager of La Porte
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: November 8. 2004
Requested By: Wayne Saho v.f.
Aoorooriation
Source of Funds: N/A
Department: Plaaaiag
Account Number: N/A
Report:
Resolution:
Ordinance:
Amount Budgeted:
N/A
Exhibit 1:
Ordinance
Amount Requested: N/A
Exhibit 2:
Municipal Water Service Agreement
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
The owner of 9515 Spencer Highway, which is located outside the city limits of La Porte in Deer Park, Texas, is
requesting water service from the City of La Porte. The City of La Porte has the ability to provide water service to
this business located in Deer Park. The owner approached the Assistant City Manager of La Porte to request water
service. The City Manager of the City of Deer Park has agreed to allow an outside entity to provide water service to
a business located within Deer Park's city limits. The City Council of Deer Park will meet to hear the issue for the
first time on November 2, 2004. Provided the City Council of both cities affinnatively agree to enter into this
municipal water service agreement, the owner will be required pay 1.5 times the standard La Porte commercial rate
for water service to the City of La Porte should he desire to have La Porte delivered water service. The higher rate
is due to the fact that the City of La Porte is not obligated to provide utility service to businesses or residents not
located within La Porte's city limits or Extra Territorial Jurisdiction (ETJ) and the fact that since the business is
located in Deer Park's city limits, the City of La Porte gains no sales tax revenue from the business establishment
A public hearing is not required.
Action Required bv Council:
Consider action on the attached agreement which authorizes the City Manager to enter into a water service
agreement for water service to 9515 Spencer Highway, Deer Park, Texas.
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