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HomeMy WebLinkAboutO-2004-2792 ... . . ,; 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. " . -< . PASSED AND APPROVED, this 8th day of November, 2004. ATTEST: '--f!.ftliiAti., I1dd Mart a A. Gillett, CIty Secretary APPROVED: ~tt/d Knox W. Askins, City Attorney CITY OF LA PORTE By: ~:?~ Alton E. Porter, Mayor 2 . e 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 . . 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. An~v;}lci::::jcfrenda ~zh~ l ~d~ ~~ I {.- cl-D Y l)ate