04-12-2010 CC agenda packet item_Water Service Agreements

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• STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE WATER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Hams County, Texas, hereinafter called "CITY", and hereinafter called "OWNER". OWNER is the property owner of certain real property which is situated within the CITY'S Battleground or Bayport Industrial District and not within the corporate limits of the CITY. CITY and OWNER are parties to a current Industrial District Agreement. II. OWNER is desirous of purchasing potable water from CITY for usual human domestic uses. Previous planning considerations for the long-range potable water supply of CITY did not • include the needs of property located outside the city limits of CITY. OWNER recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY agrees, however, to provide limited potable water service to OWNER. For and in consideration of famishing domestic potable water by CITY, the parties hereto agree as follows, to -wit: 111 OWNER has made certain representations to CITY as to the number of employees that will be located at the OWNER'S property as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. Upon review of these representations, the City has determined the following: Number of Full -Time Employees on site Number of Full -Time Contract Employees on site Total on -site Full -Time Employees Potable Water Approved for Domestic Use (Total on -site Employees times 50 gpd per employee) • Total Amount of Potable Water Approved for OWNER (Average Daily Volume, gpd)