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HomeMy WebLinkAboutR-1987-04 . . RESOLUTION NO . 8 7 - 4 A RESOLUTION APPROVING CONTRACTS BETWEEN THE LA PORTE AREA WATER AUTHORITY AND THE CITY OF MORGANS POINT, THE CITY OF SHOREACRES, THE BAYSHORE MUNICIPAL UTILITY DISTRICT, AND THE CITY OF LA PORTE, ALL UPON THE TERMS AND CONDITIONS THEREIN SPECIFIED: FOR THE PURPOSE OF OBTAINING A POTABLE WATER SUPPLY TREATMENT, TRANSMISSION, AND DISTRIBUTION SYSTEM FOR THE AUTHORITY, TO BE UTILIZED FOR THE BENEFIT OF SAID ENTITIES: PURSUANT TO THE INTERLOCAL COOPERATION ACT AND ENABLING LEGISLATION CREATING THE LA PORTE AREA WATER AUTHORITY: AUTHORIZING THE PRESIDENT, SECRETARY, AND ATTORNEY OF THE LA PORTE AREA WATER AUTHORITY TO SIGN SAID CONTRACTS IN THEIR RESPECTIVE CAPACITY: FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW: PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Harris-Galveston Coastal Subsidence District (the "Subsidence District"), was created by the Legislature of Texas in 1975 for the purpose of regulating the withdrawal of groundwater from the area within the boundaries of Harris County and Galveston County in order to end subsidence which contributes to or precipitates flooding, inundation or overflow of any area within the District: WHEREAS, the Subsidence District is charged with the duty and has the power to control and prevent subsidence wi thin its boundaries by reducing the amount of groundwater withdrawals from all wells within the Subsidence District which produce groundwater, including those owned and operated by corporations, governmental subdivisions or agencies and other organizations: WHEREAS, the City of La Porte, the City of Morgans Point, the City of Shoreacres, and the Bayshore Municipal Utility District are are required by the rules and regulations of the Subsidence District to reduce their respective withdrawals of groundwater from their wells and replace such withdrawals with surface water which has been properly treated for domestic use; WHEREAS, the La Porte Area Water Authority was created primar- ily for the purpose of providing water treatment and transmission facilities necessary to serve municipal corporations, political subdivisions and others within an area described in Section 3 of Chapter 729, Page 2678, Acts of the 67th Legislature of the State of Texas, Regular Session, 1981, specifically including the boun- daries of the City of La Porte, the City of Morgans Point, the . e Resolution No. 87-4 , Page 2 City of Shoreacres, and the Bayshore Municipal Utility District, and may provide such facilities to persons, corporations, municipal corporations, political sUbdivisions, and others within an area described within Section 5(b) of the Act: WHEREAS, under the Act the Authority has specific power, among others, to (a) acquire surface Water supplies from sources inside and outside its boundaries, (b) treat, purify, transport, distribute, sell and deliver Water to corporations, municipal corporations, political subdivisions of the State of Texas and others, specifically including the City of La Porte, City of Morgans point, the City of Shoreacres, and the Bayshore Municipal Utility District, (c) purchase, construct or otherwise acquire facilities and improvements necessary to carry out its powers, and (d) issue and sell its revenue bonds, without the necessity of an election, for the purpose, among others, of paying the cost of such facilities and improvements: WHEREAS, at the request and for the benefit of the City of La Porte, the City of Morgans Point, the City of Shoreacres, and the Bayshore Municipal Utility District, the Authority proposes (a) to enter into a contract with the City of Houston, Harris County, Texas, a municipal corporation organized and existing under the laws of the State of Texas, for the purchase of potable surface Water from the city of Houston's Southeast Water Purification Plant (hereinafter called the Southeast Plant), in an aggregate amount sufficient to supply the estimated potable surface Water requirements of the City of La Porte, the City of Morgans Point, the City of Shoreacres, and the Bayshore Municipal Utility District, through the year 1994: and (b) (i) to purchase and construct the Water pumping, transmission, metering and all other related facilities necessary to transport potable surface Water from the Southeast Plant to the Authority and the Water distribution systems of the City of La Porte, City . e Resolution No. 87';:'4 , Page 3 of Morgans Point, the City of Shoreacres, and the Bayshore Municipal Utility District~ and (ii) to issue, sell and deliver its revenue bonds in an aggregate principal amount sufficient to pay in full the costs of acquiring the Authority's share of the Southeast Plant and the transmission system and other related costs including the cost of issuing such bonds~ WHEREAS, the Authority has heretofore entered into or will enter into Contracts for the Supply of Potable Water and the Con- struction, Financing and Operation of Water Transmission Facilities with the City of La Porte, the City of Morgans Point, the City of Shoreacres, and the Bayshore Municipal Utility District and all such Contracts and this Contract (collectively, the "Water Sales contracts") will be substantially the same in all material respects in their terms, conditions and provisions~ WHEREAS, in order to comply with the rules and regulations of the Subsidence District at the earliest feasible date, the City of La Porte, the City of Morgans Point, the City of Shoreacres, and the Bayshore Municipal Utility District desires to purchase Water from the Authority on the terms and conditions herein set forth and the Authority is willing to sell Water to the City of La Porte, the City of Morgans Point, the City of Shoreacres, and the Bayshore Municipal Utility District upon the same terms and conditions~ WHEREAS, the Authority and the City of La Porte, the City of Morgans Point, the City of Shoreacres, and the Bayshore Municipal Utility District are authorized to enter into this Contract pursuant to the Act, V.A.T.C.S. Article 4413 (32c), and Chapter 729, Page 2678, Acts of the 67th Legislature of the State of Texas, Regular Session, 1981, and other applicable laws~ and WHEREAS, Chapter 729, Page 2678, Acts of the 67th Legislature of the State of Texas, Regular Session, 1981, In Section 5 (f) requires that the City Council of the City of La Porte approve all such Water e e Resolution No. 87-4 , Page 4 Contracts~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS~ Section 1. The Contracts between the La Porte Area Water Authority and the City of La Porte, the City of Morgans Point, the City of Shoreacres, and the Bayshore Municipal Utility District, be approved by the City Council of the City of La Porte, according to the provisions of said contracts, true copies of which are attached to this Resolution and are incorporated by reference herein. Section 2. The President of the La Porte Area Water Authority, the Secretary of the La Porte Area Water Authority, and the Attorney of the La Porte Area Water Authority be and are hereby directed to sign said Contract in triplicate originals in their respective capaci ties with the City of Secretary being directed to certify and attach such certification to each original copy of each contract a certified copy of this Resolution evidencing approval by the Ci ty Council of the City of La Porte, with the City Secretary being further directed to forward said signed copies to the La Porte Area Water Authority for approval. Section 3. Upon approval by the City Council of the City of La Porte, and certification of approval by the City Secretary of the City of La Porte, and approval by the Board of Directors of La Porte Area Water Authority, the Secretary of the La Porte Area Water Authority is directed to send one certified copy of said entity Contract to each respective entity, one certified copy of each Water Contract to the City of La Porte and retain one certified copy of the Water Contracts in the files of the Board of Directors of the La Porte Area Water Authority. Section 4. 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 . . Resolution No. 87-4 , Page 5 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, Article 6252-17, 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 ordi- nance 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 5. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. PASSED AND APPROVED this the 6th day of April CITY OF LA PORTE , 1987. ByJ:Lb272~~ N r an Malon , Ma or . ATTEST: ~~ Cher1e Black, City Secretary