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HomeMy WebLinkAboutR-1984-26 e e RESOLUTION NO. 84-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, APPROVING THE -ENTRY INTO ,A....CQNTRAC.T__WI.TaH THE_. _LA_...POR'rJ;:, A~~A .w1\Tfi~~ AUTHORITY PURSUANT TO AUTHORITY GRANTED TO SAID CITY BY THE INTER- "d)CALo-'COOPERATION ACT, UPON THE TERMS AND CONDITIONS THEREIN SPECI- FIED; FURTHER AUTHORIZING THE APPROPRIATION AND PAYMENT OF FUNDS TO SAID LA PORTE AREA WATER AUTHORITY FOR THE PURPOSES ABOVE SPECIFIED, ACCORDING TO THE CITY OF LA PORTE'S PRO RATA SHARE; AUTHORIZING THE MAYOR, CITY SECRETARY AND CITY ATTORNEY TO SIGN SAID CONTRACT IN THEIR RESPECTIVE CAPACITIES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; WHEREAS, the Harris-Galveston County Coastal Subsidence District has mandated that the City of La Porte drastically reduce its con- sumption of ground water, and convert to the consumption of treated surface water, in recognition of the urgent public necessity to alli- viate further subs idence of the land area of the Ci ty of La Porte, and the consequent danger of loss of life and property from flooding; and WHEREAS, the La Porte Area Water Authority was created by the Texas Legislature to provide a vehicle for the planning, financing, construction, and operat ion of facili ties to provide potable sur- face water to a geographic area specifically including the corporate limits and extra-territorial jurisdiction of the City of La Porte; and WHEREAS, said La Porte Area Water Authori ty has, since its creation in 1982, in conjunction with the City of La Porte, spent time and funds in engaging the engineering firm of Turner Collie and Braden, Inc. to perform a surface water feasibility studY1 and WHEREAS, said surface water feasibility study has been completed, and has indentified several viable alternatives providing for the treatment and delivery of potable surface water to the City of La Porte; and WHEREAS, it is necessary for said La Porte Area Water Authority to update and revise said surface water feasibility study, and only in- corporate therein consumption, delivery, and engineering stat is- tics of certain indentified and commi tted municipal and corporate e e -2- entities, located within the geographic boundary of the La Porte Area Water Authority, in order to arrive at final surface water consumption, treatment, and delivery cost estimates; and WHEREAS, the City of La Porte is desirous of converting to surface water according to the mandate of Harris-Galveston County Coastal Subsidence District, and therefore is desirous of committing to the updating, and revision of said surface water feasibility study, with said study particularily including information speci- fically related to the consumption and delivery cost needs of the City of La Porte; and WHEREAS, the City of La Porte, in order to commit to said updating and revision of said surface water feasibility study is will ing to pay its pro rata share of the cost of same, as well as other related interim cost of the La Porte Area Water Authority, as interim cost are defined below; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CIty OF LA PORTE1 Section l. That the contract for the committment of the City of La Porte to the La Porte Area Water Authority update and revision of the surface water feasibility study, and other related interim costs as above defined, specifically including the committment and paymen t by the City of La Porte of its pro rata share of costs incurred by said La Porte Area Water Authority in said updated sur- face water feasibility study and other related interim costs (speci- fically including attorney's fees and engineering fees), be approved by the Ci ty of La Porte, according to the provisions of the Inter- local Cooperation Act. Section 2. That the Mayor of the City of La Porte, the City Secretary of the City of La Porte, and the City Attorney of the Ci ty of La Porte be and are hereby directed to sign said contract in duplicate originals in their respective capacitites with the City . e -3- Secretary of the Ci ty of La Porte being directed to forward said signed copies to the La Porte ,Area Water Authority for approval. Section 3. That the City Manager of the City of La Porte be authorized to remit funds to the La Porte Area Water Authority for the updating of said surface water feasibility study and other related "interim" costs (being defined as the period between the commencement of this contract and the start of construction of surface water treat- ment and delivery facilitites by said La Porte Area Water Authority), specifically including related engineering fees and attorney's fees. Said funds are to be limited to pro rata share of interim costs as incurred by the La Porte Area Water Authority. The City Manager is not authorized to remit funds to said La Porte Area Water Authority in excess of $6,000.00 Dollars per million gallons of the La Porte Area Water Authority's surface water treatment plant capacity as said capacity is requested by the City of La Porte, unless the City Manager is specifically authorized by the City Council of the Ci ty of La Porte to remit funds in excess of the above figure. Section 4. The City Council officially finds, determines, re- ci tes, and declares that a sufficient written notice of the date, hour, place, and subj ect of this meet ing of the City Counci I was posted at a place convenient to the publ ic at the City Hall of the City for the time required by law preceeding this meeting, as re- quired by the Open Meetings Law, Articles 6252-l7, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this re- solution and the subject matter thereof has been discussed, con- sidered, and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents in posting thereof, from and after its passage and approval. . PASSED AND APPROVED this the 1984. ATTEST: ~~ CHERIE BLACK, CITY SECRETARY APPROVED: KNOX W. ASKINS, CITY ATTORNEY e -4- /1 Lle-C!- day of