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HomeMy WebLinkAboutR-1978-10 e, . RESOLUTION NO. 78-10 .' A RESOLUTION AUTHORIZING A REPLY BY THE CITY OF LA PORTE TO A LETTER OF OCTOBER 10, 1978, FROM THE CITY OF SHOREACRES. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. Attached to this Resolution as Exhibit "A", incorporated by reference herein and made a part hereof for all purposes, is a copy of a letter and Resolution, dated October 10, 1978, received from the City of Shoreacres. Section 2. Attached to this Resolution as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes, is a letter with attachments, from the City of . La Porte, dated October 24, 1978, which is hereby authorized by the City Commission of the City of La Porte, for delivery to the City of Shoreacres. Section 3. This Resolution shall be effective immediately upon its passage and approval. PASSED AND APPROVED, this the 24th day of October, 1978. CITY OF LA PORTE CQ,-, J. J. Meza, Mayor If,}' "..- ATTEST: . ~"..-! ~ c~~-~ City Attorney . , . e RESOLUTION NO. 78-10 A RESOLUTION AUTHORIZING A REPLY BY THE CITY OF LA PORTE TO ~ A LETTER OF OCTOBER 10, 1978, FROM THE CITY OF SHOREACRES. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. Attached to this Resolution as Exhibit "A", incorporated by reference herein and made a part hereof for all purposes, is a copy of a letter and Resolution, dated October 10, 1978, received from the City of Shoreacres. Section 2. Atta.ched to this Resolution as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes, is a letter with attachments, from the City of . La Porte, dated October 24, 1978, which is hereby authorized by the City Commission of the City of La Porte, for delivery to the City of Shoreacres. Section 3. This Resolutio~ shall be effective immediately upon its passage and approval. PASSED AND. APPROVED, this the 24th day of October, 1978. CITY OF LA PORTE U-y Gp~,- J. J. Meza, Mayor-J ATTEST: '_. ~A~D,;~ CJ. ty C~erk &;:#U< d~ City Attorney , ...... ,~ .' e C BuY (f) ~ S tc~ 0 R EAC ~ IES "A KEY COMMUNITY ON THE BAYSHORE" 619 SHOREACRE9 BOULEVARD LA PORTE. TEXAS 77571 (713) 471-2244 October 10, 1978 CERTIFIED ~~IL - DELIVER TO ^DDRE~SEE Ot~Y RETURN R?CEIPT REQUESTED Honorable J. J. Meza Mayor, City of La Porte P. O. Box 1115 La Porte, Texas 77571 ' ... Dear Mayor Meza: ~Last evening the Shoreacres City Council, duly assembled, passed unanimously Resolution lf196, the heading \olhich reads as fo110l-1s: A RESOLUTION DECLARING THE INTENT OF THE CITy' OF SHOREACRES TO TRA1~SFER ITS HASTEHATER TO THE CITY OF LA PORTE AS DI~ECTED BY PARAGRAPH III OF THE UUDGENENT ENTERED IN CAUSE NO. 1,149,395, STATE OF TEX1\S VS. CITY OF SHOREACRES AND BAYSHORE l::UNICIPAL UTILITY DISTRICT, 'IN THE 11TH JUDICIAL'DISTRICT COURT OF HARRIS COUNTY, TEXAS, AND AUTP.ORIZIl'iG f~1) DIRECTING THE l,iAYOR OR HIS DESIGNEE TO ENTER INTO A CONTR.......CT WITH REPRESE~~ATIVES OF LA PORTE FOR SUCH PURPOSE, A~~ TO REPORT TO CITY COUNCIL AT NEXT COUNCIL MEETING. . I, as ~1ayor of Shoreacres, therefore resp'ectfully request that you set a time convenient to you, for us to get together on' preliminary discussions that, hopeZul1y, will lead to a contract that is both l-1orkable and mutually agreeable to the t,",o cities. I have been mandated by my Council to report back to them at the next City Council meeting, l-lhich is Honday, 30 October, 1978, and I sincerely hope that by that date we are well down the line in negotiations lead- ing tm~ard a final contract prior to the 60-day deac11ine from date of the Court Order (2 October, 1978). e, I would hope our first meeting would be within at l~ast 10 days of your receipt of this letter and its inclosed copy of Shoreacres Resolution #196, and a letter EXHIBIT "A" e e Page 2 Hayor J. J. Meza e stating your intentions - or better yet a Resolution from your Council, along the same lines as the inclosed Resolution - would be most welcome. Cord ia 11y , ~oI#~ Rowe H. Holmes l-fayor RHH/lw lncl: Copy of Resolution #196 . I, Margie Goyen, Ci,ty Clerk, do hereby certify that I received this letter at 10:55 A.M., October 12, 1978., . ,. e e rn~~m.urlOr~ l-l~l.J.j~. e ). itP~~(lLtlT]ON J')r;Cl.I..~(l q; TH'': U:n:)\,i' N' THE C In' l~!-' f.i :!',:~ '~".~:l;)':S Tel T!~M';'~t Eit 11';; ~lASl';:',;JHELl Tll 'llU~ ell Y (ol~ 1.1\ i"~a'fl; :~ ::... :'.I':r: i~'!). 1;-1'. 1',\k/.r.~.\l'H III 011 THiI .mr.Q:j~':j' ~~~;rI:.1Ul) Ii\ C.Wgl'; NO. 1.Ll49,:IQ"., S";:A-a; cw n:.\AS VS. C i.I'i ~:l" 5~'h:::{t:,\CiU-:S Arm 1~'. '~fit~!.,{,;:: ~'U~ IClJ?Al. 'h'lLr,:"~ l>I$1'R:'<'"T, II; 'fltJ; 11'i.11 .JUDICIAL m ;j,i:iUCl I;' ..;~n: "i" H:\RR1S C0UXTY, rs'lV\S. MID M:l'H('lnl.1t.:f~ A!m nm:i(,'Tu'u 'rl!I:: a:,'il.R on. nl~ DXSIG'.a;jt TO I-:Nl'LR l~;TU CUN1'R.'.CT ~4"EGOTL\TIO~lS wrrll Xl::r[ll.:s;\:;rATIVy.S OF LA !'Ol\l'E reJ!t S"uCH 11lr::l~OSr. AIJ) llEl'Oi!'r 'co CITY c.,)u:\~ n. AT ~E^'T COUi'C Il. J-::::Y.i.' mG . WH\!lU:A.S, j\;t.;~.lIent Y,18 rend(fr~d and entered October 2, ~'i78 in Ca\lf:j~ No. 1.,llt9.39::. Stllte of Texa" va. City of Sll1)reacJ:l'~8 and J'laynhorc Mun1cip:.l lit: tlity District I in t\1e 11tb Juc!id.al 'Distd.ct CO'J1."t of Harris County, Texas. '",'RERLAS, Puragrai)h III of said Jud&ment di'...~cted the City OJf Shoreacre!. to tran'ifer its \4aat(:;.later to tl1~ City of La Porte, Texas ",ithh'l t;wo and one-hali (2~) }'~Ut'8 ft'O\TI date of Jud&uent. contract \11th Ln Porte for trE,'atlDe<nt and discharge tljrv!<es witb!n' sixty (60). da,', snd stort con.truction wirb1n n1noty (90) days, liQW 'fi!!:REFORE DE IT RESOLVED P.'i TUE CI'IY CCUNCIL OF '!'lUt CITY OP SHc-REl'..CR~: Section 1, That tho City of Shor.eaCt.eB hereby declares its intent to transfer 1::r: waSl:ewuter to tlle City or La l'orte, rexas, as directed by Paral,r<!ph 111 of juc1~:i\el\t in f;.'\id C31JSe No.1, 149,395. Stato of Texas vs. Ciey of Shot't".I;.cres and BayslJore }~ur.lcip3I' utility District, 11th Ju~lc1al District Court of Harris County. Tc~;a8. Section " " . That tbe ~~yor of the City of Shoreacres ?r bis Ge9ig~ce 1s her~by i;luthorf.z~d ,-lnJ dirtlct~d to neg.?tiate a contr~ct \odeh, repre8entat1veQ ()f La Porte .. f,nr~ucn, tranofc\" nt"d re[,ort.to City Council 3t flf::Xt Council l:lectins. e, /' . ---.... /"'~_-:/ I ~ -' '\ / /' . '~".,. v' / '..." " "" ' ) "" e CITy'OF 19A PORTE PHONE 17131 471.5020 . P. O. Box 1115 . LA. pORTe. TeXAS 77571 - October 24, 1978 The Honorable Rowe H. Hqlmes, Mayor and the City Council CITY OF SHOREACRES 619 Shoreacres Boulevard La Porte, Texas 77571 Re: No. 1,149,395; State of Texas vs. City of Shoreacres and Bayshore Municipal Utility District; in the 11th Judicial District Court of Harris County, Texas . Dear Mayor Holmes and City Council~en: Your letter of October 10, 1978, addressed to the undersigned, enclosing a copy of City of Shore acres Resolution No. 196, has been carefully reviewed by the La Porte City Commission, which, following our joint meeting today, has authorized this reply by its attached resolution. The La Porte City Commission agrees with the, conclusion of the Special Master's Report, filed in the State of Texas-Shoreacres- BMUD litigation, to the effect that the sewage treatment needs of Shore acres and BMUD could best be served by transferring their wastewater to the City of La Porte's central plant, for treat- ment, and discharge of the treated' effluent into Galveston Bay, thus eliminating the present Shoreacres-BMUD discharge into the Clear Lake watershed. It has been the consistent position of the La Porte City Commission that the most economical and efficient means of accomplishing this result, would be inclusion of BMUD and Shoreacres within the cor- porate boundaries of the City of La Porte, by means of La Porte's annexation of BMUD, and the consolidation of the cities of Shoreacres and La Porte. e By so doing, the residents of Shor~acres and BMUD will have the opportunity to share in the long-range planning, engineering, and financing of the expansion of the City of La Porte's central treatment facilities, so that such facilities may handle the wastewater-treatment needs of the entire La Porte-Bayshore Area in a cost~efficient manner, with minimal environmental impact. EXHIBIT "B" e City of Shoreacres La Porte, Texas - e Page 2 10-24-78 It has long been the policy of the City of La Porte to enter into sewage treatment contracts with other entities, only in cases where the territory to be served is within the exclusive annexation jurisdiction of the City of La Porte. Thus, our only current contract of this type is with Spenwick Place M.U.D., which is the exclusive extraterritorial jurisdiction of the City of La Porte. Although the agreement with Spenwick Place M.U.D. i~ a long term contract, the City of La Porte has the right to unilaterally annex the area at the appropriate time. The contract was necessary for Spenwick Place M.U.D. to com- plete its E.P.A. Grant Application for federal funding of its sewage collection facilities. Att~ched to this letter are copies of letters from the City of La Porte, to Bayshore Municipal utility District, dated August 31, 1977, and to the City of Shoreacres, dated September 9, 1977. The La'Porte City Commission wishes to reiterate that the statements of policy contained in these two letters continue as the policy of the City of La Porte, and it is the considered opinion of the La Porte City Commission that the procedure out- lined in the two letters will provide the most'satisfactory solution to this pressing problem for all parties concerned. e In addition, the inclusion of the three entities within one city will lead to improved efficiency in other areas of govern- mental services, and will provide much-needed basic municipal services not now available, '.to 'the unincorporated BMUD area. We appreciated the opportunity of meeting with you and Shore acres City Council to discuss this and other matters of mutual concern. e JJM: jm Enclosures ~ Yours very truly, ::Y/~l-t - J. J. Meza, Mayor For the City Commission e e e e City of Shoreacres La Porte, Texas cc: The Honorable Wm. N. Blanton, Jr., Judge 11th Civil District Court Harris County Civil Courts Building Houston, Texas 77002 Mr. Harvey Davis, Director, and Mr. Dick Whittington, Deputy Director TEXAS DEPARTMENT OF WATER RESOURCES P. O. Box 13087, Capitol Station Austin, Texas 78711 President and Board of Supervisors BAYSHORE MUNICIPAL UTILITY DISTRICT 707 Shady River Road La Porte, Texas 7~571 Ms. Linda Wells Assistant Attorney General 723 Main, Suite 610 Houston, Texas 77002 . e Page 3 10-24-78 , f ~-...,. ~.--:./ .f -,.:;" \' I .."'.. "/..,., "-, .\ " e CITY OF ItA PORTE PHONE 17131 471,5020 . P. O. Box 1115 . LA PORTE. TEXAS 77571 - September 9, 1977 The Honorable Mayor ~nd City Council City of Shoreacres 619 E. Shoreacres Boulevard La Porte, Texas 7757l Gentlemen: We understand that the City Council of the City of Shoreacres will consider releasing Shoreacres' extraterritorial jurisdiction over Bayshore'Municipal Utility District, so that the District can be annexed by the City of La Porte, at your meeting of September 19, 1977. We further understand that there might be an interest on the part ,. of the City of Shoreacres, in consolidating the City of Shoreacres ~ith the City.of La Porte. Our City Attorney has advised us that this would be possible, once the City of La Porte and the City of Shoreacres become "adjoining and contiguous to each other," which would be the case following t~e annexation of B.M.U.D. by the City of La Porte. We are advised that the consolidation would then be accomplished under Article 1188, Revised Civil Statutes. These, provisions of State Law provide for an election to be held first in the City of Shoreacres and, if this election is in favor of consolidation with La Porte, than an election would be held in the City of La Porte. Upon favorable passage in the City of La Porte, the former City of Shoreacres would be merged into and become a part of the City of La Porte. This matter has been discussed by the City Commission of the City of La Porte, which has authorized me to advise the Cit~ of Shoreacres that, should the citizens of the City of Shoreacres vote favorably for consolidation, in an election to be held after La Porte's annexa-, tion of B.M.U.D. establishes a common bounda~y between the two cities, ~ then the La Porte City Commission would view with favor, and would .., actively support a favorable vote in La Porte on the consolidation . question. .. e e e City of Shoreacres - 2 September 9, 1977 ~ We would be happy to have our representatives meet with your representatives at an early date,' to discuss this matter further. Yours very truly, CITY OF BY'- -... J. For ) -' L.-:. '---- J. Meza, Mayor \ the 'City Commission JJM/fh" cc - Mr. Robert G~ Fleming, P.E., Director Central Operation Division TEXAS WATER QUALITY BOARD P.O. Box 13246, Capitol Station Austin, Texas 78711 Ms. Linda Wells . Assistant Attorney General 723 Main, Suite '610 Houston, Texas 77002 President and Board of Supervisors Bayshore Municipal Utility District 707 Shady River Road La Porte, Texas 77571 r . , ,.~ .-...,." -'~ !..~/.. 0" ,\ ., . e CITY' OF fA' PORTE PHONE C7'31.'471.5020 . p, O. Box ,,'S . l.A PORTE, TUAO 77~7' , ,,. ..... ....1 ....,... .. . t-. ._.. 00 .. . --.... " ........__........_-.-..~..._.......~.._............._......_.. .....-... .. August 31, 1977 President and Board of Supervisors BAYSHORE MUNICIPAL UTILITY DISTRICT 707 Shady River Road La Porte, Texas 77571 Gentlemen: .e Sev~ral weeks ago, representatives of the Bayshore Municipal Utility District contacted the City of La Porte, with the request that the City of La Porte consider treating the District,'s sewage. The District's sewage is presently being treated by the City of Shoreacres, under a permit issued jointly to it and the District, by the Texas Water Quality Board. The City of Shoreacres, we understand, has indicated to BMQD that it is the desire of Shoreacres that the treatment of its sewage be secured elsewhere "as soon as possibl~." e It is further our understanding that the Shore~cres-BMUD sewage treatment plant is in violation of its State' permit, and that enforcement orders and build.ing permit restrictions have been issued by ~~QB against both Shoreacres and BMUD. Subsequent to BMUD's request, our engineers have contacted the Texas Water Quality Board, and have received a letter from Mr. Robert G. Fleming, P.E., Director, Central Operations Division, a copy of which is attached to this letter, which letter appears favorable to the City of La Porte treating BMUD's sewage. A meeting was subsequently held at 'the City of La Porte between City and BMUD representatives and Mr. Fleming, to further discuss this matter, at which meeting Mr. Fleming indic.ated that the Texas Water Quality Board would view with favor an arrangement whereby the City of La Porte would treat BMUD's sewage. As we discussed in the meeting with Mr.' Fleming, the inclusion of BMUD would necessitate amendment of the City of La Porte's currently pending application for an EPA Grant for the expansion and improvement of La Porte's sewage treatment facilities. However, it appears that this can be accomplished with little delay to La Porte, if efforts are initiated in the very near future. It further appears that such a move would also be , . . e e BMUD La Porte, Texas Page 2 8-31-77 e advantageous to Shoreacres, which would be relieved of the burden of treating BMUD's sewage, and, we understand, could then enable Shoreacres to bring its sewage treatment facilities up to State standards at relatively low cost to the City of Shoreacres. We understand that the City of Shoreacres has entered litigation against Bayshore Municipal Utility District, for the collection of sewage treatment fees, and, this past week, has filed suit against the District, in the nature of an injunction suit, ask- ing for Court orders that the District implement "an alternative source of treatment" before August 1, 1978. Shoreacres further alleges that it is "in the best interests of (Shoreacres) with respect to cost and the quality of the final discharge from the plant to terminate its treatment of (BMUD's) sewage." , Under the circumstances, it appears that there would be no objection by the City of Shoreacres., and, indeed, that the City of Shoreacres would welcome any move by BMUD to have its sewage diverted to the City of La Porte treatment plant for treatment. . You have furnished us a copy of your recent audit report on Bayshore Municipal Utility District, which we have in turn furnished to our fiscal adviser, Mr. Ernest L. Brown, Jr., President of Moroney, Beissner & Co., Inc,. Attached to this letter is his reply of August 26, 1977, in which he recommends this annexation by the City of La Porte. e In view of the foregoing, and after careful deliberation, the City Commission of the City of La Porte has authorized me to advise the Bayshore Municipal Utility District, that the City Commission is in favor of annexing all of the territory com- prising the Bayshore Municipal Utility District, and making it part of the corporate boundaries of the City of La Porte. Under State law, a total annexation of the District by the, City of La Porte, would dissolve the District, and all assets and liabilities of the District would become those of the City of La Porte. The City of La Porte would take over the operation of the District's water and sewer facilities, and would also furnish general City municipal services, such as fire, police, garbage, and other services, to the District's residents. ~ .' . e, -:e '. e e BMUD La Porte, Texas Page 3 .8-31-77 ; ", l~ 1 ~ The City of La :porte has the power to accomplish such an annexation by majority vote of its City Commission. No fur- ther action is 'required by the District's residents. However, the District lies within the extraterritorial jurisdiction of the City of Shoreacres, and it would be necessary for the District to obtain a resolution from the City of Shoreacres, releasing its extraterritorial jurisdiction to, the District, and also releasing its extraterritorial jurisdiction, where applicable, to a 500-foot strip in Galveston Bay, which would connect the North and South tracts of the'District. Such a strip could be 'designed so as to exclude the properties of the Houston Yacht Club. In addition, t~e District should seek a resolution of its various pending disputes with the City of Shoreacres, and, if possible, agreement on,a monthly sewage treatment fee to be paid to the City of Shoreacres, until such time as the District's sewage collection facilities could be connected to the City of La Porte's facilities, following the annexation. , , As I pointed out earlier, these matters should be expedited, as the City of La Porte would want to include BMUD in its EPA Grant Application by amendment, just as soon as possible, and, in addition, the City of La Porte would want to complete its annexation of BMUD no later than December :31, 1977, so that the District's properties would be on the City's tax rolls for calendar year 1978. As you can see, to accomplish this, we will need the full cooperation of the City Council of the City of Shoreacres. It is the consensus of the La Porte City Commission that it would not want to undertake the treatment of BMUD's sewage, unless it can be annexed to and become a part of the City of La Porte. In that way, the District's residents could share in the costs of the expansion of the City of La Porte's sewage treatment facilities. After careful consideration, it does appear to the La Porte City Commission that this annexation would be to the best interests of the citizens of La Porte, the District, and the City of Shoreacres, and would lead to the solution of a pollu- tion problem in the area. . Yours very truly, CITY -ny ~ J. J. Meza, May r- For the City Commission :T 'TH ~ ; m . .. ;, . . ~ ...... r- w. . ,. e BMUD La Porte, Texas Page 4 ,8-31-77 cc: Mr. Robert G. Fleming, P.E., Director Central Operations Division TEXAS WATER QUALITY BOARD P. O. Box 13246, Capitol Station Austin, Texas 78711 Ms. Linda Wells Assistant Attorney General 723 Main, Suite 610 Houston, Texas 77002 Hon. Mayor and City Council CITY OF SHOREACRES 619 Shoreacres Boulevard La Porte, Texas 77571