HomeMy WebLinkAboutR-1978-10
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RESOLUTION NO. 78-10
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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
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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
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J. J. Meza, Mayor
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ATTEST:
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City Attorney
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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
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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:
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CJ. ty C~erk
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City Attorney
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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 '
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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).
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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"
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Page 2
Hayor J. J. Meza
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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 ,
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Rowe H. Holmes
l-fayor
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lncl: Copy of Resolution #196
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I, Margie Goyen, Ci,ty Clerk, do hereby certify that I received this
letter at 10:55 A.M., October 12, 1978.,
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). 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
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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.
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PHONE 17131 471.5020 . P. O. Box 1115 . LA. pORTe. TeXAS 77571
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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
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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.
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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"
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City of Shoreacres
La Porte, Texas
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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.
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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.
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Enclosures
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Yours very truly,
::Y/~l-t -
J. J. Meza, Mayor
For the City Commission
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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
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10-24-78
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e CITY OF ItA PORTE
PHONE 17131 471,5020 . P. O. Box 1115 . LA PORTE. TEXAS 77571
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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.
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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
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For
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J. Meza, Mayor \
the 'City Commission
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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
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PHONE C7'31.'471.5020 . p, O. Box ,,'S . l.A PORTE, TUAO 77~7'
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August 31, 1977
President and Board of Supervisors
BAYSHORE MUNICIPAL UTILITY DISTRICT
707 Shady River Road
La Porte, Texas 77571
Gentlemen:
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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~."
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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
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BMUD
La Porte, Texas
Page 2
8-31-77
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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."
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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.
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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.
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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.
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BMUD
La Porte, Texas
Page 3
.8-31-77
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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.
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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.
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Yours very truly,
CITY
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J. J. Meza, May r-
For the City Commission
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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