HomeMy WebLinkAboutO-1995-2041
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ORDINANCE NO. 95- 2041
AN ORDINANCE APPROVING AND AUTHORIZING THE CITY OF LA PORTE TO
ENTER INTO A WATER SERVICE AGREEMENT AND UTILITY EXTENSION
AGREEMENT WITH AKZO-NOBEL, INC.; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; 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 this
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.
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ORDINANCE NO. 95- 2041
PAGE 2
PASSED AND APPROVED, this 12th day of June, 1995.
ATTEST:
CITY OF LA PORTE
By: ~~(~~
Mayor
(U.~~4-~a
,
City Secretary
tJ
Knox W. ASkins,
City Attorney
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UTI LIlY EXTENSION AGREEMENT
THE STATE OF TEXAS:
COUNTY OF HARRIS:
This agreement, made this 12 day of
June
. 19 95 . by and between the
Ci tv Manaaer
(Title of Authorized Official)
Oty of La Porte, herein called .City", acting herein through its
and Akzo Nobel Chemi ca 1 s Inc.
{Strike out inapplicable terms}
(a corporation), ta<~~>IM~l()(~~~~~
Bayport Industrial
of Di stri ct . County of Harri s . and State of Texas
)
hereinafter called .Owner".
(1) All references to -Utility Main(s)- hereunder shall, for the purposes of this agreement, refer
to the 12" pipeline that will connect to the City of laPorte's existing 12" water
main located on the north side of Fairmont Parkway, extend eastward for approximately
265 feet. branch southward with an 8" pipeline, cross under Fairmont Aarl4way and
extend aooroximatelv 4200 feet southward along the west side of Bay Park Road,
crossing under Bav Park Road with a 411 waterline and entering into the property of
Akzo Nobel ending with a back flow prevention device and meter. (Job Package #155104)
(2) Owner is the owner of certain property in the Bayport Industrial District of the City of La Porte,
HarrisCounty,Texas,identifiedas; Akzo Nobel N.S., 13000 Bay Park Road, Pasadena, TX 77507;
bein9 one hundred (100.00) acres of land, out of the George B. McKinstry league, A-47,
and the Wm. M. Jones Survey, A-482, Harris County, Texas. Said 100 acres being more
oarticularlv described as follows: (Attachment A)
(:ity's utility mains do not presently extend to said property. Owner has requested City to extend utility mains
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to Owner's said property. Owner and City have entered into a separate "Water Service Agreement" of even date
herewith, which provides for limited water service to Owner.
(3) :City hereby agrees to an extension of its utility main(s) to said property commencing at the
nearest existing utility main(s) of sufficient size and capacity. Thence alongJthru City of La Porte rights-of-way
and/or easements to said Owner's property. Provided, however, that should City not possess all necessary rights-
of-way, easements, licenses, and/or permits, Owner shall be solely responsible for obtaining said additional
rights-of-way, easements, licenses, and/or permits at no cost to City. All permits and approvals required by
entities with juriSdiction shall be secured prior to construction.
(4) Owner agrees to pay all costs related to the construction and installation of said utility mains,
including necessary appurtenances in conformance with City's standards and specifications for said utility mains.
Owner further agrees to pay all engineering fees for swvey, design, contract documents, bidding. construction
staking, construction inspection, and preparation of record drawings. Anyaedit, funding or other participation
byCityshallbedesaibedbeloW; (1) Difference in cost of materials for installation of 12 inch
waterline vs. 8 inch waterline for 265 feet of pipe installed west to east along north
side of Fairmont Parkway to a locat~on aooroximatelv 45 feet west of the center line of
Bay Park Road. jab Package 155104 Drawing H5104CV1 . .
(2) Difference in cost of materials for installation of 12 inch "T" fitting vs. 8 inch "L"
at branching location of 12 inch waterline installed along north side of Fairmont Pa'rkway
Job Package 155104 Drawing H5104CV1 .
(3) Cost of materials for installation of one 20 foot joint of 12 inch pipe with 1 inch
blnr..k valvp. and plug,'cnnnElcting to 12 inch "T" fitting and Elxtending eastward along
Fairmont Parkway. Job Package 155104 Drawing H5104CV1
(5) Subject to the provisions of this agreement, City hereby agrees to the construction and
installation of said utility main(s) according to the plans, specifications, and contract documents to be prepared
by the Owner's engineer and approved by the City. The contract documents shall include a provision for a one
(1) year warranty from defects in materials and workmanship. The documents will also provide a "Notice" to
Contractor that the City of La Porte will perform the daily construction inspection to insure compliance with
plans and specifications. Owner agrees that City will Dot be responsible for issuing or approving payments to
the Contractor. It is agreed and understood that Owner is responsible for paying for any unforeseen aists/or
cost overruns in the project that result from circumstances beyond the control of the City.
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(6) City shall have the right to approve the Engineer and the Contractor selected by Owner. Upon
completion and approval of plans, specifications, and contract documents, the City shall authorize the Owner to
secure bids from". qualified underground utility contractors.
(7) Owner agrees that upon completion and acceptance by City, City will assume ownership and
maintenance of the utility main and as such shall have full control over future extensions and connections thereto.
(8) Owner and City have entered ioto a separate .Water Service Agreement. which provides terms
and conditions for limited water service to Owner and as such, Owner is not responsible for payment of City's
prevailing square footage and/or front footage connection charge for water service. However, Owner shall be
responsible for all other tap fees and customary charges.
(9) For the purposes of reimbursement, as provided for in paragraph 10, Owner agrees to supply
City with a statement of final construction costs. Owner and City agree to use the final construction cost to
develop an average cost/foot. Said average cost per foot shall equal the [mal construction cost, less any
allowances for City participation, divided by the total length of utility main eligible for reimbursement as defined
by Exlu"bit A
(10) In the event that other owners of property abutting the utility mains extended by Owner under
this contract, as shown on the plat attached hereto as ExhI"bit A and incorporated by reference herein, shall
utilize the extended utility mains constructed under this agreement, by making connection thereto under a permit
from City within a period of ten (10) years from and after the date City has accepted the construction of said
facilities by the contractor, City agrees to collect from said property owners, an amount equal to one-half (~)
their frontage abutting the utility main times the average cost/foot. City agrees to reimburse Owner the amount
collected from such property owners until Owner has been reimbursed the construction costs paid by Owner,
less an amount equal to one-half (~) the Owner's frontage times the average cost/foot In the event that other
Owner(s) have participated in the cost of the extension of this line(s), all participating owner(s) shall be
reimbursed ora rata to their respective participation in the cost of the line(s).
IN WITNESS WHEREOF, the Parties to these presents have executed this agreement in several
counterparts, each of which shall be deemed an original, in the year and day first mentioned above.
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CITY OF LA PORTE
(Seal)
A=~ ~
BY: Wh( L_~tdJ
(Secretary)
BY:~~ T. ~
TTr.LE: City Manager
(Seal)
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OWNER: Akzo NODel Chemicals Inc.
BY: Paul A. Grissom
TITLE: Pasadena Site Manager
(City Attorney)
Note: Oty Secretary should attest: If Owner is a corporation, Secretary of Corporation should attest
ATTEST:
BY:
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ATTACHMENT A
AKZO NOBEL CHEMICALS INC.
SITE DESCRIPTION
UTILITY EXTENSION AGREEMENT
Being one hundred (100.00) acres ofland, out of the George B. McKinstry League, A-47, and the Wm. M. Jones
Survey, A-482, Harris County, Texas, said 100 acres being more particularly described as follows:
BEGINNING at Rod 2675 marking the intersection of the West line of a 50-foot-wide Southern Pacific Transportation
Company railroad spur right-of-way with the north line of a 100-foot-wide pipeline easement known as Corridor "30",
located in the George B. McKinstry League, A-47, said Rod 2675 being N 202S'20" W 220.00 feet from the northeast
comer of a 963.850 acre tract described as Tract I in deed from Friendswood Development Corporation to Celanese
Corporation of America dated February 6, 1967 and recorded in Volume 6653, Page 79, Harris County Deed Records;
THENCE S 87031 '40" W with the north line of said Corridor "30", a distance of 2045.02 feet to Rod 2680 in the east
right-of-way line of a proposed lOO-foot-wide road;
THENCE N 2028'20" W with the east right-of-way line of said proposed road, at 1948.29 feet pass the north line of the
said George McKinstry League, same being the south line of the Wm. M. Jones Survey, A-482, and continuing on the
same bearing with the said east road right-of-way line a total distance of2118.29 feet to Rod 2679 for comer;
THENCE N 87029'20" E, parallel with and 170.00 feet north of the common line of the said McKinstry League and
Jones Survey, a distance of 2095.03 feet to Rod 2678 at the northwest comer of a 1O.319-acre tract described as Tract
No.3 in deed from Friendswood Development Corporation to Houston Lighting & Power Company dated March 7.
1968, and recorded in Volume 7146, Page 37, Harris County Deed Records;
THENCE S 2028'20" E with the west line of said Tract No.3, at 170.00 feet pass the southwest comer of said Tract
No.3, same being the northwest comer of Tract No.2, described in said deed to Houston Lighting & Power Company,
said comer being in the common line between the said Jones and McKinstry Surveys said point being S 87029'52" W
499.42 feet from the southeast comer of the said Jones Survey, and continuing on the same course with the west line
of said Tract No.2 a total distance of 389.41 feet to Road 2677 in the westerly line of said 50-foot-wide railroad spur
right-of-way, said rod being in the arc of a curve to the left;
THENCE southerly with the westerly line of said railroad spur, along the arc of said curve having a central angle of
26017'05" and a radius of 483.59 feet, an arc distance of 221.85 feet to Rod 2676 at the P.T. of said curve;
THENCE S 2028'20" E with the west line of said railroad spur 1515.83 feet to the PLACE OF BEGINNING and
containing 100.00 acres of land.
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EXHIBIT A
i
r,.uMICT ~AY
Average Cost per foot=
Total Construction Cost
from pt A to }>t C less any
allowance for -City participation
divided by length B to C.
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--------Cl~...;.,:;--------
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STATE OF TEXAS ~
COUNTY OF HARRIS ~
WATER SERVICE AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF IA PORTE,
TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and
Akzo Nobel
Chern; ca 1 sIne. . a corporation, hereinafter called "COMPANY".
I.
COMPANY is the owner of certain real property which is situated in CITY'S Bayport
Industrial District and not within the corporate limits of the CITY.
CITY and
COMPANY are parties to a current Industrial District Agreement. CITY and COMPANY
have entered into a "Utility Extension Agreement" of even date herewith. which provides
for the extension of CITY'S potable water to COMPANY'S property.
n.
COMPANY is desirous of purchasing potable water from CITY for usual human
domestic consumption and uses, and not for use for industrial processes of any kind.
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. COMPANY
recognizes that CITY cannot at this time provide permanent and unlimited water service
as requested. 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:
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m.
COMPANY has made the following representations to CITY as to its number of
employees, as of the date of this agreement, upon which representations CITY has relied
in entering into this Agreement.
Number of Employees on-site
Number of Contract Employees
Total on-site
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3?5
225
550
IV.
CITY has determined that adequate facilities are available to CITY to furnish
potable water to COMPANY based on the following terms and conditions, to-wit:
(A) Payment to CITY of a one time administrative connection charge of $15.000.
(B) The average daily demand is established at 27.500 (_) gallons per
day. This number is based on an average of fifty (50) gallons per employee
per day established by CITY.
(C) The average monthly demand of 838.750 () gallons is established by
multiplying the average daily demand by a factor of 30.5, which shall be used
to facilitate service billings.
(D) The cost of water up to the average monthly demand of 838.750 (_)
gallons shall be one hundred fifty percent (150%) of the CITY'S current rate
as established from time to time for commercial customers inside its corporate
limits.
(E) The cost of water for amounts used in excess of the established average
monthly demand shall be two hundred percent (200%) of the CITY'S current
rate as established from time to time for commercial customers inside its
corporate limits.
(F) Nothing contained in this Agreement shall obligate CITY to furnish more
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than the avlge monthly demand of 838".750 ,_) gallons. Repeated
consumptions greater than the established average monthly demand may
result in termination of service.
(G) CITY shall have the right to interrupt or temporarily suspend said water
service to COMPANY if an emergency arises and there is not an adequate
water supply to meet the needs of the citizens of La Porte.
(H) CITY reserves the right to enforce its drought contingency plan on all water
customers at CITY'S sole discretion.
(I) The total cost for the engineering design and construction of the potable
water main will be the responsibility of COMPANY.
(J) COMPANY agrees that it shall be bound by all applicable ordinances of
CITY, relative to the furnishing of potable water to customers within the
corporate limits of CITY.
(K) All plumbing installed by COMPANY connected to the domestic water line
from CITY, shall meet all applicable State of Texas and CITY plumbing code
requirements. CITY'S engineering and code enforcement personnel shall
have the right of prior review and approval of COMPANY'S plans and
specifications for the plumbing system(s). CITY plumbing inspectors shall
have the right to inspect any and all work related to the furnishing of potable
water to COMPANY.
(L) A reduced pressure zone backflow preventer shall be installed and maintained
by COMPANY to protect CITY from any possible cross-connections.
(M) The potable water supply system will be segregated from any existing and
future COMPANY fire protection system.
(N) There shall be no resale of the water provided by CITY, nor any extension of
service lines by COMPANY to serve other parties.
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All expenses of the installation of the meter; service lines from the main to the
meter; and from the meter to COMPANY'S facilities, shall be solely at the expense of
COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities
beyond the meter. CITY shall own the meter.
VI.
CITY shall have final authority over size, location, materials, and other engineering
matters concerning the extension of water mains to COMPANY'S property. These matters
are the subject of a Utility Extension Agreement between the parties, of even date herewith.
CITY will have ownership and maintenance responsibility for its water mains, up to
COMPANY'S water meter. In the event the Harris County license, permit, or permission
to install the water main is revoked, or relocation or adjustment is required, CITY will not
be responsible for the expense of such relocation, adjustment, or replacement.
VII.
CITY reserves the right of entry at all reasonable times for the purpose of inspection
of COMP ANY'S water facilities, and to observe compliance with the terms and conditions
of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in
advance. CITY also agrees to follow established health and safety policies in effect at
COMPANY'S facility.
vm.
CITY reserves the right to terminate this agreement in the event of violation of the
terms and provisions hereof by COMPANY. CITY will provide COMPANY with written
notice of any defects and COMPANY shall have the opportunity to cure any defects.
Failure to correct defects within ten (10) days may result in termination of Agreement.
CITY shall have the right to summarily correct, at COMPANY's expense, any defect or
deficiency, when in its opinion the integrity of the public water supply is threatened.
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Upon receipt of written notice of termination, COMPANY shall have up to six (6)
months to prepare for transition to another water supply. If the transition is not complete
within said six month period, CITY shall have the right to terminate water service at its sole
discretion.
X.
In the event of any conflict between the terms and provisions of this Water Service
Agreement and a Utility Extension Agreement of even date herewith. and the terms and
provisions of the Industrial District Agreement between the parties, the terms and provisions
of the Water Service Agreement and the Utility Extension Agreement shall control, to the
extent of such conflict. The term of this Agreement shall be for five years plus any renewals
and extensions thereof. However, this Agreement shall automatically expire at such time
as there is no effective Industrial District Agreement between the parties or if CITY
exercises its right of termination.
ENTERED INTO effective the
12
day of June
. 1995.
Akzo Nobel Chemicals Inc.
Company
By: fJ~AJI,"~
Name: Paul A. Gri ssom
Title: Pasadena S; te Manager
Address: 13000 Bay Park Rd
Pasadena. TX 77507
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By:
CITY OF LA PORTE
~~
No man . alone
Mayor
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By:
Knox W. Askins
City Attorney
City of La Porte
PO Box 1218
La Porte, TX 77572-1218
Phone: (713) 471-1886
Fax: (713) 471-2047
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Robert T. Herrera
City Manager
City of La Porte
PO Box 1115
La Porte, TX 77572-1115
Phone: (713) 471-5020
Fax: (713) 471-7168