Loading...
HomeMy WebLinkAboutO-2010-3213 Municipal Water Service Agreement/La Porte,Deer Park, owner of the property at 9515 Spencer Highway L REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: Januarv 25. 2010 Source of Funds: N/A Requested By: Tim Tietiens Account Number: N/A Department: Planninl! Amount Budgeted: N/A Report: _Resolution: _Ordinance:--L Amount Requested: N/A Exhibits: . Ordinance · Municipal Water Service Agreement . Area Map Budgeted Item: _YES ...A-NO SUMMARY & RECOMMENDATION The owner of 951 5 Spencer Highway in Deer Park city limits has requested water service from the City of La Porte under the terms of a previous Municipal Water Service Agreement (MWSA) for the facility which expired in November of 2009. At its January 11, 2010 meeting, Council considered the owner's request as a workshop item and indicated its support for a new agreement between the cities of Deer Park, La Porte and the owner of the subject property. The City Council of Deer Park has since met to consider the agreement and approved it at its January 19th meeting. Under the agreement, the City will bill the owner at one and one-half (1-1/2) times its prevailing commercial water rate and will retain the right to interrupt or terminate water service to the facility at any time the water main or the owner's service line experiences a failure. Additionally, the property owner assumes all liability associated with any damage to the Spencer Highway roadway resulting from the loss of water and/or repairs conducted by the owner on the service line. The agreement also contains provisions allowing the City to terminate its water service to the site in the event that the City of Deer Park's potable water facilities become available within two-hundred (200) yards of the owner's site. The term of the new MWSA will consist of three (3) years with an option for an additional two (2) year extension. Action Required bv Council: Consider approval of an ordinance authorizing the City Manager to execute a Municipal Water Service Agreement between the Cities of La Porte and Deer Park and the owner of the property at 9515 Spencer Highway. Approved for Citv Council A1!:enda ( It. ;,,, Ron Bottoms, City Manager Date ORDINANCE NO. 2010- 32 13 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 lS attached hereto and incorporated herein by the reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary lS 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 subj ect 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 .2J{ day o~lJlk9 ATTEST: ~aUL-- a, lid artha A. Gillett, City Secretary APPROVED: ~~ Knox W. Askins, City Attorney CITY OF LA PORTE By: 2 , 2010. MUNICIP AL 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. Ifwater service from the City of Deer Park shall become available to within 200 yards of9515 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 Aaid agreement h 'n been authorized by action of the Mayor and City Council of Deer Park taken on the l '1 day of , 2010 allilr)>y action of the Mayor and City Council of La Porte take day of JUflV1 ,2010. AGREED TO AND ACCEPTED BY: By: Ron Bottoms City Manager of La Porte By: Property ne 9515 Spencer Highway La Porte, Texas 77571 (In Deer Park, Texas) AREA MAP r/" . 1 W'i -egend :J9515 SPENCER HVVy ::J CITY LIMITS ~~