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HomeMy WebLinkAboutO-2020-3802 Disannexation of 4.8635-acre tract of land and a 3.8135 acre tract of landORDINANCE NO. 2020-3802 AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, DISANNEXING APPROXIMATELY 8.67 ACRES OF LAND FROM THE CITY OF LA PORTE, TEXAS; MAKING FINDINGS OF FACT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETING ACT; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of La Porte, Texas (the "City"), is a home rule municipality authorized by Texas Local Government Code, Section 43.142 to disannex an area located within the City's corporate limits, in accordance with rules provided in the City's Charter; and WHEREAS, Article I, Section 1.03 of the City's Charter provides that the City may disannex territory within the City; and WHEREAS, the owners of certain property located within the City's corporate limits have petitioned the City Council of the City of La Porte to disannex the real property, which petition (the "Petition") is attached hereto as Exhibit A and incorporated by reference; and WHEREAS, the Petitioner acknowledges, and City Council finds, that during the time that the property has been located within the City's corporate limits the amount of property taxes collected by the City was roughly proportional to the amount of money the City spent for the direct benefit of the area during that period; and, therefore, the City shall not be required to refund any taxes or fees to the Petitioner; and WHEREAS, the Petitioner acknowledges, and City Council finds, that the Petition does not allege that the City Council failed or refused to provide services or to cause services to be provided within the property with a period required by statute or specified in a service plan prepared for the property; and, therefore, the disannexation does not fall under the purview of Texas Local Government Code Section 43.141; and WHEREAS, the Petitioner acknowledges, and the City Council finds, that the property to be disannexed does not include a road or highway and as such the width requirements established in Texas Local Government Code Section 43.147 for disannexation of roads or highways do not apply; and z WHEREAS, the City does not object to Petitioner's request that the Property be disannexed from the corporate territorial limits of the City; and WHEREAS, the City Council has determined that the disannexation of the property is in the interest of both the City and citizens of the City of La Porte, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1. Findings. The recitals and findings set forth above are found to be true and correct and are hereby incorporated into this Ordinance for all purposes as if fully set forth herein. Section 2. Disannezation. That the property that is the subject of the Petition for disannexation and that is described in Exhibits `B" and "C" attached hereto and incorporated herein for all purposes (the "Property"), is hereby disannexed from the corporate limits of the City of La Porte and discontinued as a part of the City of La Porte so that the same will no longer be a part of the City of La Porte for any purpose whatsoever. Section 3. Relinquishment of Rights. The City of La Porte hereby relinquishes any and all right, jurisdiction or control over the Property. Section 4. Service Plan. That the Service Plan previously adopted for the Property is no longer in effect as to the subject property only. Section 6. Official Man and Boundaries. That the official map and boundaries of the City, heretofore adopted and amended, be and hereby are amended so as to remove the Property from the territorial limits of LaPorte, Texas. Section 7. Intent. It is not the intent of the City Council, by the approval and adoption of this Ordinance, that the City disannex any other property other that the Property as described in Exhibit "B" and "C" Section 8. Severability. That if any provision of this Ordinance or the application of any provision to any person or circumstance is held invalid, the invalidity shall not affect other provisions 3 or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. Section 9. Repeal. All ordinances or parts of ordinances in force when the provisions of this Ordinance become effective which are inconsistent with or in conflict with the terms and provisions contained herein are hereby repealed only to the extent of such conflict. Section 10. Open Meetings. It is officially found and determined that the meeting at which this Ordinance was passed was open to the public as required and that public notice of the time, place, and purposed of said meeting was open to the public as required by the Open Meetings Act, Chapter 551, Texas Government Code. Section 11. Delivery to County Clerk. The City Secretary is authorized and directed to forthwith cause a certified copy of this Ordinance to be delivered to the County Clerk of Harris County, Texas, as required by Sec. 41.0015 of the Texas Local Government Code. Section 12. Effective Date. This ordinance shale take effect :..iswi-. `--� Passage and it is accordingly so ordained. PASSED AND APPROVED on this 28 h day of SEPTEMBER, 2020. CITY OF/IJAMDRTE, TEXAS APPROVED AS TO FORM: ark Askins, Assistant City Attorney GAS INNOVATIONS 18005 E. Highway 225 LaPorte, TX 77571 Mr. Corby Alexander City of La Porte 604 W. Fairmont Pkwy LaPorte, TX 77571 Dear Mr. Alexander, May 12, 2020 The following is to request the de -annexing of certain properties currently annexed to the City of La Porte. Jason Willingham and Ashley T. Madray purchased the properties as individuals in the partnership, A & J Leasing, LLP. Federal Tax ID No., 20-0836465 The properties are identified as: 1. Tract of land containing 4.8635 acres (211,856 square feet), situated in the Enoch Brinson League, Abstract 5, Harris County, Texas, being a portion of a called 13.967 acre tract of land conveyed unto Crenshaw Real Properties II Ltd. by deed recorded under County Clerk's File No. 20070706637 of the Official Public Records of Harris County, Texas. 2. Tract of land containing 3.811 acres, being the same as a called 3.8135 acre tract as recorded in Harris County Clerk's File No. 20100329409, being located in the Enoch Brinson Survey, Abstract Number 5 Harris County, Texas. Gas Innovations/WWS currently operates a business on the said properties (Federal Tax No. 01 -743118). Please share this letter with other City of La Porte personnel as needed, and please direct them to me for any additional information that may be required. Thank you for your assistance Respectfully, ��rz�' �randi Chris Brandt VP Operations Gas Innovations Phone 281-471-2200 • Fax 281-471-2201 GAS INNOVATIONS 18005 E. Highway 225 La Porte, TX 77571 Mr. Corby Alexander City of La Porte 604 W. Fairmont Pkwy La Porte, TX 77571 Dear Mr. Alexander, May 12, 2020 The following is to request the de -annexing of certain properties currently annexed to the City of La Porte. Jason Willingham and Ashley T. Madray purchased the properties as individuals in the partnership, A & J Leasing, LLP. Federal Tax ID No., 20-0836465 The properties are identified as: 1. Tract of land containing 4.8635 acres (211,856 square feet), situated in the Enoch Brinson League, Abstract 5, Harris County, Texas, being a portion of a called 13.967 acre tract of land conveyed unto Crenshaw Real Properties II Ltd. by deed recorded under County Clerk's File No. 20070706637 of the Official Public Records of Harris County, Texas. 2. Tract of land containing 3.811 acres, being the same as a called 3.8135 acre tract as recorded in Harris County Clerk's File No. 20100329409, being located in the Enoch Brinson Survey, Abstract Number 5 Harris County, Texas. Gas Innovations/WWS currently operates a business on the said properties (Federal Tax No. 01-743118). Please share this letter with other City of La Porte personnel as needed, and please direct them to me for any additional information that may be required. Thank you for your assistance Respectfully, �i/ii�r �ra.�tdt Chris Brandt VP Operations Gas Innovations Phone -TW • ') 1-471-2201 EXHIBIT g D s A Y ��~ �� �"':.ui;.""ems",. uvauR""•w .w .,mc r."«m.rev. e"raa awnsw n�,cr noov ar"�m ma ara. .>t. rYt.."rmv s rrtw rm, a s .nu tar • to w" trw > x.e nrcr OU. w.w . Yww rC.. rv{• rtn .mw >noKR . Pnva ,woo vw • .s rat to . we.,..w� era .m rn M un .m�ur,.m.. m.a v r.o n.n loot ern �� '. ..¢ wa i4 •m..oa�".ncs a.s tarw...rmm.mor,wrw,n.mmw"m [ram"aw. wm w.+"u .a mmaY.ar„xm.w.. rt[r A r rt1 •It.�a "o. m. nw w v/w¢p xtwLr. " r - - v "wm.r nr / ' r"�'mvai v.�m w�s'c wre¢v""a" o=au� m�wu s tr ixm rnu ammm nc+xr.nmme mn w a w e nna U. > �roaw�a-,.v.rsm ue..• • wT••a o.urm m. n.n+a wa�.n w.am vnw rrw.: r'%y. . 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I I L CKLCa L50�J KaCS offH.a f.f wrtr ton Tuf ecf.�.f.�. ..iwr,.,. w.i. ai. ar,�c CfRlVEVEG ,0 LC.aY:G.IIY a tvC.Cl rW.311W0 K�ii^ oe�sJdDtt �• °• LECERDtinrf • q ; t �a,YE ra�r v SURVEY we.r ss �' OF 1.811 ACRE TRACT LOCATED IN THE iuya n - E TRACT RI SNUMBER V5Y .".�.��`:�i HARRIS COUNTY, TEXAS .rw. Yv wjm..R•n:,,..mwwwro. m wN....�........,a..c....�rw�..'"...�.:."e..� r.r,o,.,, �� �...n Civil Concepts,Inc.ZK FCI-, 6YedaY x..IrIR6 csvu axoexcaraxc CITY HALL 604 WEST FAIRMONT PARKWAY LA PORTE, TEXAS 77571 LAPORTETX. G OV 281.471.5020 GAS INNOVATIONS PARCEL DE -ANNEXATION SEPTEMBER 2020 r PARCELS DE -ANNEXATION 2020 HIGHWAYS IF (IIIIIIII IIIIIIII IIIIIIIIIIIIIIIIIIIIIIII IIIIIII IIIIIII IIIIIIIIIIIIIIIIIIIIIIII IIIIV IIIIIIIIII� IIIIIIIIIIIIIIIIIIII CITY LIMITS PARCELS INDUSTRIAL CITY OF LA PORTE , PLANNING AND DEVELOPMENT GIS DIVISION MAP PREPARED: OCTOBER 2020 Projection: Lambert Conformal Conic Datum: NAD 1983 2011 Disclaimer: This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. Gov. C. §2501.102. The user is encour- aged to independently verify all information contained in this product. The City of La Porte makes no representation or warranty as to the accuracy of this product or to its fitness for a particular purpose. The user. (1) accepts the product AS IS, WITH ALL FAULTS; (2) assumes all responsibility for the use thereof; and (3) re- leases the City of La Porte from any damage, loss, or liability arising from such use. Ci7y Ba:,�umita ,Yary I'Vllalj, RP-2020-498335 10/16/2020 ER $46.00 LO co co 00 rn 0 N 0 N ORDINANCE NO.2020-3802 AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, DISANNEXING APPROXIMATELY 8.67 ACRES OF LAND FROM THE CITY OF LA PORTE, TEXAS; MAKING FINDINGS OF FACT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETING ACT; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of La Porte, Texas (the "City'), is a home rule municipality authorized by Texas Local Government Code, Section 43.142 to disannex an area located within the City's corporate limits, in accordance with rules provided in the City's Charter; and WHEREAS, Article I, Section 1.03 of the City's Charter provides that the City may disannex territory within the City; and WHEREAS, the owners of certain property located within the City's corporate limits have petitioned the City Council of the City of La Porte to disannex the real property, which petition (the "Petition") is attached hereto as Exhibit A and incorporated by reference; and WHEREAS, the Petitioner acknowledges, and City Council finds, that during the time that the property has been located within the City's corporate limits the amount of property taxes collected by the City was roughly proportional to the amount of money the City spent for the direct benefit of the area during that period; and, therefore, the City shall not be required to refund any taxes or fees to the Petitioner; and WHEREAS, the Petitioner acknowledges, and City Council finds, that the Petition does not allege that the City Council failed or refused to provide services or to cause services to be provided within the property with a period required by statute or specified in a service plan prepared for the property; and, therefore, the disannexation does not fall under the purview of Texas Local Government Code Section 43.141; and WHEREAS, the Petitioner acknowledges, and the City Council finds, that the property to be disannexed does not include a road or highway and as such the width requirements established in Texas Local Government Code Section 43.147 for disannexation of roads or highways do not apply; and u7 M co 00 rn 6 N O N z WHEREAS, the City does not object to Petitioners request that the Property be disannexed from the corporate territorial limits of the City; and WHEREAS, the City Council has determined that the disannexation of the property is in the interest of both the City and citizens of the City of La Porte, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1. Findings. The recitals and findings set forth above are found to be true and correct and are hereby incorporated into this Ordinance for all purposes as if fully set forth herein. Section 2. Disannexation. That the property that is the subject of the Petition for disannexation and that is described in Exhibits `B" and "C" attached hereto and incorporated herein for all purposes (the "Property"), is hereby disannexed from the corporate limits of the City of La Porte and discontinued as a part of the City of La Porte so that the same will no longer be a part of the City of La Porte for any purpose whatsoever. Section 3. Relinquishment of Rights. The City of La Porte hereby relinquishes any and all right, jurisdiction or control over the Property. Section 4. Service Plan. That the Service Plan previously adopted for the Property is no longer in effect as to the subject property only. Section 6. Official Map and Boundaries. That the official snap and boundaries of the City, heretofore adopted and amended, be and hereby are amended so as to remove the Property from the territorial limits of LaPorte, Texas. Section 7. Intent. It is not the intent of the City Council, by the approval and adoption of this Ordinance, that the City disarinex any other property other that the Property as described in Exhibit "B" and "C". Section 8. Severability. That if any provision of this Ordinance or the application of any provision to any person or circumstance is held invalid, the invalidity shall not affect other provisions Ln C"M CM 00 rn 6 N O N 21 3 3 or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. Section 9. Repeal. All ordinances or parts of ordinances in force when the provisions of this Ordinance become effective which are inconsistent with or in conflict with the terms and provisions contained herein are hereby repealed only to the extent of such conflict. Section 10. Open Meetings. It is officially found and determined that the meeting at which this Ordinance was passed was open to the public as required and that public notice of the time, place, and purposed of said meeting was open to the public as required by the Open Meetings Act, Chapter 551, Texas Government Code. Section 11. Delivery to County Clerk. The City Secretary is authorized and directed to forthwith cause a certified copy of this Ordinance to be delivered to the County Clerk of Harris County, Texas, as required by Sec. 41.0015 of the Texas Local Government Code. D� 31 t 'Dob10 Section 12. Effective Date. This ordinance shale take effect paecaand it is accordingly so ordained. PASSED AND APPROVED on this 28"' day of SEPTEMBER, 2020. ATTEST: oodward,City Secretary APPROVED AS TO FORM: ark Askins, Assistant City Attorney CITY OF/XIA FORTE, TEXAS is RAby, M LO co c" M 00 rn O N O N GAS INNOVATIONS 18005 E. Highway 225 La Porte, TX 77571 Mr. Corby Alexander City of La Porte 604 W. Fairmont Pkwy LaPorte, TX 77571 Dear Mr. Alexander, May 12, 2020 The following is to request the de -annexing of certain properties currently annexed to the City of La Porte. Jason Willingham and Ashley T. Madray purchased the properties as individuals in the partnership, A & J Leasing, LLP. Federal Tax ID No., 20-0836465 The properties are identified as: 1. Tract of land containing 4.8635 acres (21 1,856 square feet), situated in the Enoch Brinson League, Abstract 5, Harris County, Texas, being a portion of a called 13.967 acre tract of land conveyed unto Crenshaw Real Properties 11 Ltd. by deed recorded under County Clerk's File No. 20070706637 of the Official Public Records of Harris County, Texas. 2. Tract of land containing 3.811 acres, being the same as a called 3.8135 acre tract as recorded in Harris County Clerk's File No. 20100329409, being located in the Enoch Brinson Survey, Abstract Number 5 Harris County, Texas. Gas Innovations/WWS currently operates a business on the said properties (Federal Tax No. 01-743118). Please share this letter with other City of La Porte personnel as needed, and please direct them to me for any additional information that may be required. Thank you for your assistance Respectfully, Chris Brandt VP Operations Gas Innovations Phone 281-471-2200• Fax 281-471-2201 LO M C`7 00 O O N O N ,1 TO GAS INNOVATIONS 18005 E. Highway 225 La Porte, TX 77571 Mr. Corby Alexander May 12, 2020 City of La Porte 604 W. Fairmont Pkwy La Porte, TX 77571 Dear Mr. Alexander, The following is to request the de -annexing of certain properties currently annexed to the City of La Porte. Jason Willingham and Ashley T. Madray purchased the properties as individuals in the partnership, A & J Leasing, LLP. Federal Tax ID No., 20-083(A65 The properties are identified as: 1. Tract of land containing 4.8635 acres (211,856 square feet), situated in the Enoch Brinson League, Abstract 5, Harris County, Texas, being a portion of a called 13.967 acre tract of land conveyed unto Crenshaw Real Properties 11 Ltd. by deed recorded under County Clerk's File No. 20070706637 of the Official Public Records of Harris County, Texas. 2, Tract of land containing 3.811 acres, being the same as a called 3.8135 acre tract as recorded in Harris County Clerk's rile No. 20100329409, being located in the Enoch Brinson Survey, Abstract Number 5 Harris County, Texas. Gas Innovations/WWS currently operates a business on the said properties (Federal Tax No. 01-743118). Please share this letter with other City of La Porte personnel as needed, and please direct them to me for any additional information that may be required. Thank you for your assistance Respectfully, Chris Brandt VP Operations Gas Innovations Phone - 1-471-2201 EXHIBIT � A g, rre�O emwc i ,Z.Y',�C 3` �s�..i`ee rY[i-.Ot AwS•�aWt�T[3n [a ... �astlww frs w<a ��as Vi JY• w�'ir fr n •nF.¢su a.a ��rw�.vc�y..:c1 �.���� ��vS>i f"re. as.=��.w�ar m.of aow.>.n '�(i• :>:'4 � MR•mw6 f•.nN�nm�Mo w.qf vo n.n n>a. vov pw .a. ...e .n.. wlw�fw��a.�ra>Y q v>rr-un.miv...ulM nwuu.>vf mrea to saf..n�p..w.ifM.o.r!n +la.au rrrac.fn..Z a rei i >os.wu .v.1t ue2. moR c v im ma p yi..��aa .M a f.a Ufa• r• s wfwa.m> mwrfn•w: �om�a ea ra+•.ww Nov®o Rsw,aw.me. af+.r w.d nnrs �ru2a v�e1w���iP�¢�m..w�v.W.OtiM.•.X�nWacrnafa•�a.. u.. n.F .w.r� I .Y��OArs Ki6Y���K '°°w+�.:o f:�m pieo•• `• s +ate w�..� ..w..as annn a. r.c+e.so.w arn.o av r...,c RS 4n�.•v .or 5�$ 0 5CE96ti-OZOZ-&J RP-2020-498335 o..c.m ro wc.:✓. F, n ��u. ' � A 1 u .orta i c �tT u. ; a U s.rs.ou[arer } — l¢1�K� M.yrrar. r.dY[r..,e•.r,r.fW.lw qI [ �.f{// roNN. )LYrv.Y.A+.wI.t013d11 v«�rrWalw.Gri o �{ L....��....... V�+ ' .YJ�aeIY mrr rraraaatY�r..�ar � YM �A rrr.rwr tiW h,N Wrrw��JW uaJ m2m sa�al •J . +fw1r.. W Y rwnNa•.r W 14w. �•.I.�.�.le�. I tl .w.ww �. r.ara.w+r.sw. �� � r•-• / �.���,.�i...Ja>,nw .� . ter.. �. �.MLVUr.�rrlrYLta)sr.•�r.rr+.•,.J y-- a �ye.«Yrti—TarY.f.rr Wr,.rsr..r rJe ar m r«w r.. rw y u s ra r.aerr " / JULnn. �emaar ssnwar ewea�� .pan � 'u_,o rne.e 1�.11:P . •a,q 0 �7'..R�:�` wntr+.a « �iirc ruse ' *+ SURVEY EA ."iR.ca k" 3.D71 ACRE TRACT 1 v v LOGTEO IN THE ? •` .n. sr...s.r�r� n.urw...,... e..r—,i..: a + ENOCti 9SURVEY rJ.saorr.ruu+n=r+ n..sa... •r...r.wor ABSTRACTCT NU 5 HARRIS COUNTY,TY, TY, TE TEXAS 1 TU L'rW.hY4•.nic ry Lv—rn d. n/,a SWIM wYswaYro. f.—rlY.vwY�•r..n ramd _ Civil Coompt� Inc. T o..�.w ,�.r.0 wo- ..+•.w....q+•.i w�..ww, —ry,.= e.—."- I - [otrc,r r.,.; �, v,� p10tN[CYMC 3a a - LO 00 0 N O N Is1 7 Certification of Pubic Record 1, the undersigned authority, do hereby certify the attached document is a true and correct copy of the original Ordinance Numbers 2020-3802, passed and approved by the City Council of La Porte and kept by the CAy Segetary's Office of the City of La Porte, Texas. (City Seal) rd, City-&6'cretary, City of La RP-2020-498335 # Pages 9 10/16/2020 12:13 PM e-Filed & e-Recorded in the Official Public Records of HARRIS COUNTY CHRIS HOLLINS COUNTY CLERK Fees $46.00 U") co M 00 O O N O N RECORDERS MEMORANDUM This instrument was received and recorded electronically and any blackouts, additions or changes were present at the time the instrument was filed and recorded. Any provision herein which restricts the sale, rental, or use of the described real property because of color or race is invalid and unenforceable under federal law. THE STATE OF TEXAS COUNTY OF HARRIS I hereby certify that this instrument was FILED in File Number Sequence on the date and at the time stamped hereon by me; and was duly RECORDED in the Official Public Records of Real Property of Harris County, Texas. �QE HAN ' �o 0 COUNTY CLERK HARRIS COUNTY, TEXAS askins & askins P.c. ATTORNEYS and COUNSELORS October 20, 2020 T "ll "MI P.O. Box 1525 HoustolL TX 77251 Please be advised that on September 28, 2020, the City Council of the City of La Porte passed Ordinance 2020-3802, for the purpose of disannexing approximately 8.67 acres of land from the jurisdictional limits of the City of La Porte. In accordance with Texas Local Government Code See. 4 1.00 15, 1 enclosed herewith a certified copy of said Ordinance 2020-3802, which was recorded with the Harris County Clerk on October 16, 2020, under file No. RP-2020-498335,. Also provided is an updated map of the City of La Porte indicating the location of the disannexed tracts, for your reference, Yours very truly, CTAJmr Enclosure CC" Lee Woodward City Secretary 702 W. Fairmont Parkway, P.O. Box 1218, La Porte,:rX 775724218 281.471.1887phon.e - 281.471.2047,fax - ctaskins@swbellmet Hie , �I s r k, =44 of ik ii411 JI11_1 � f4 H � o m r o � a s x�x/1"ti�p JI z NP�SC AO&.V' H ' . t.,A f"O A tl L. r, FaN r. w . ...,�o, � 1� %le Btty a� et orte a n(z2ee¢ adfQ•p,, [ CITY OF LA PORTE , PLANNING AND DEVELOPMENT "�' iCv itage, u m GIS DIVISION LA P O R T E fdt# va&c¢, MAP PREPARED :DECEMBER2020 `-�„ cxa�ritouut<y tie ?-.6 ty &P Projection: Lambert Conformal Conic Datum: NAD 1983 2011 '�/ nA N C I 1 I I IYI IT ROAD Disclaimer: This product is for informational purposes and may not have been W prepared for or be suitable for legal, engineering, or surveying purposes. It does HIGHWAY not represent an on -the -ground survey and represents only the approximate ' S relative location of property boundaries. Gov. C. §2501.102. The user is encour- +--o--+--"- RAILROAD aged to independently verify all information contained in this product. The City of La Porte makes no representation or warranty as to the accuracy of this product ETJ CITY LIMIT �a or to its fitness for a particular purpose. The user: (1) accepts the product AS IS, WITH ALL FAULTS, (2) assumes all responsibility for the use thereof, and (3) re- ETJ MILE leases the City of La Porte from any damage, loss, or liability arising from such use.