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<br />e <br /> <br />e <br /> <br />03/06/98 <br />1 of 8 <br /> <br />STATE OF TEXAS ~ <br />COUNTY OF HARRIS ~ <br /> <br />WATER AND SANITARY SEWER SERVICE AGREEMENT <br />(With Utility Extension Agreement) <br /> <br />This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a <br />municipal corporation of Harris County, Texas, hereinafter called "CITY", and DANA TANK <br />CONTAINER. INC ,a New Jersey corporation, hereinafter called "COMPANY". <br />1. <br />COMPANY is the owner of certain real property which is situated in CITY'S Battleground <br />Industrial District and not within the corporate limits of the CITY. CITY and COMPANY have <br />entered into an Industrial District Agreement, and a Utility Extension Agreement, both of even date <br />herewith, reference to which is here made tor all purposes; and Whereas, it is the intention of <br />CITY and COMPANY that should there be any contlict between the provisions of said Industrial <br />District Agreement, and said Utility Extension Agreement, and the terms and provisions of this <br />Water and Sewer Service Agreement, the terms and provisions of the Water and Sewer Service <br />Agreement and the Utility Extension Agreement, as the case may be, shall control, to the extent of <br />such conflict only. <br /> <br />II. <br />COMPANY is desirous of purchasing potable water and sanitary sewer service from CITY <br />for usual human domestic consumption and uses, and sanitary sewer service for tank washing and <br />cleaning of tank trucks by COMPANY. Previous planning considerations for the long-range <br />potable water supply and sanitary sewer service of CITY did not include the needs of property <br />located outside the city limits of CITY. COMP ANY recognizes that CITY cannot at this time <br />provide permanent and unlimited water and sanitary sewer service as requested. CITY agrees, <br />however, to provide limited potable water and sanitary sewer service to COMPANY. Por and in <br />consideration of furnishing domestic potable water and sanitary sewer service by CITY, the parties <br />hereto agree as follows, to-wit: <br />