HomeMy WebLinkAboutCITY OF DEER PARK & OWNER OF 9515 SPENCER HWYe
MUNICIPAL WATER SERVICE AGREEMENT
This agreement witnesseth that the City ofDeer 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 tenn ofthis agreement shall be three 3 years with an additional two 2 year option tenn
which shall be automatically extended unless either City shall notify the other party to terminate in writing at
leastthirty 30 days before the end of the initial three 3 year period
The City ofLa Porte shall be paid by the owner of9515 Spencer Highway the amount ofone and one
half I 112 times the prevailing commercial water rate ofthe City ofLa 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 defmed 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 Iely
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 t9 service line providing water to 9515 Spencer Highway
The City ofLa Porte shall have the right to interrupt or tenninate service at any time the water main or
service line is leaking until the line is repaired
If water service from the City ofDeer Park shall become available to within 200 yards of9515 Spencer
Highway anytime during the tenn ofthis agreement the City of La Porte shall terminate water service to said
property at the end ofsixty 60 days from the availability ofa City ofDeer Park supplied potable water source
The owner of the property at 9515 Spencer Highway shall execute this agreement to signify his
acceptance ofall the tenns 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 said agreeme t ving been authorized by actionof
the Mayor and City Council ofDeer Park taken on the L day of 2004
and by action of the Mayor and City Council of La Porte en on the g day of
tJIJpm er 2004
v A4I1
By Ron Crabtree
City Manager ofDeer Park
Af91t
By Debra B FeazeUe
City Manager ofLa Porte
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ORDINANCE NO 2004 2 1 qjJ
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 is 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
is 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 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 3 This Ordinance shall be effective from and
after its passage and approval and it is so ordered
e e
PASSED AND APPROVED this 8th day of November 2004
ATTEST
jArl NAGillettCitySecretary
APPROVED
1dd
Knox W Askins City Attorney
CITY OF LA PORTE
By y
Alton E Porter Mayor
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested November 8 2004 Aoorooriation
Requested By W yne Sabn Source of Funds N A
Department PlanniDII Accowrt Number N A
Report Resolution Ordinance Amount Budgeted N A
Exhibit 1 Ordinance Amount Requested N A
Exhibit 2 Municipal Water Senice Agreement Budgeted Item YES NO
SUMMARY RECOMMENDATION
The owner of 9515 Spencer Highway which is located outside the city limits ofLa Porte in Deer Park Texas is
requesting water service from the City ofLa Porte The City ofLaPorte has the ability to provide waterservice to
this bUsiness located in Deer Parle The owner approached the Assistant City Manager ofLa Porte to request water
service The City Manager ofthe City ofDeer Parle bas agreed to allow an outside entity to provide water senice to
a business located within Deer Park s city limits The City Council ofDeer Park will meet to hear the issue for the
first time on November 2 2004 Provided the City Council of both cities affirmatively agree to enter into this
municipal water service agreement the ownerwill be required pay 1 5 times the standard La Porte commercial rate
for water service to the City ofLaPorte should he desire to have La Porte delivered water service The higher rate
is due to the fact that the City ofLa Porte is not obligated to provide utility service to businesses or residents not
located within La Porte s city limits or Extra Territorial Jurisdiction ETJ and the fact that since the business is
located in Deer Park s city limits the City ofLa Porte gains no sales tax revenue from the business establishment
A public hearing is not required
Action Required bv COlJDil
Consider action on the attached agreement which authorizes the City Manager to enter into a water service
agreement for water service to 9515 Spencer Highway Deer Park Texas
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