06-25-12 Regular Meeting of La Porte City Council

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1 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 Harris County, Texas, hereinafter called "CITY", and NORTH BAYPORT INDUSTRIAL PARK II, Ltd., hereinafter called "COMPANY". I. COMPANY is the 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 COMPANY are parties to a current Industrial District Agreement. II. COMPANY 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 properties located outside the corporate limits of CITY. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY agrees, however, to provide limited potable water service to COMPANY. For and in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to-wit: III. COMPANY has made certain representations to CITY as to the number of employees that will be located at the COMPANY’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 65 + Number of Full-Time Contract Employees on site 0 = Total On-Site Full-Time Employees 65 Potable Water Approved for Domestic Use (Total on-site Employees times 50 gpd per employee) 3,250 Total Amount of Potable Water Approved for COMPANY (Average Daily Volume, gpd)3,250 IV.