HomeMy WebLinkAboutO-1995-2076
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ORDINANCE NO. 95- 2076,
AN ORDINANCE APPROVING AND AUTHORIZING A UTILITY EXTENSION
AGREEMENT BETWEEN THE CITY OF LA PORTE AND DAVID ANGEL, FOR
PARTICIPATION IN CONSTRUCTION OF A 12" WATER LINE EXTENSION; 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. 95-2076
PAGE 2
PASSED AND APPROVED, this 23rd day of October, 1995.
CITY OF LA PORTE
By: ~~4
Mayor
ATTEST:
S~_. f._~
Sue Lenes,
City Secretary
APPROVED:
~~(2
nox W. skl.ns,
City Attorney
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NOTE TO FILE
SEE PREVIOUS ORDINANCE 95-2075 FOR THE AMOUNT OF AGREEMENT WITH
DAVID ANGEL DEPOSITED WITH THE CITY OF LA PORTE, IN ESCROW, THE SUM
OF $34,128.60..................
'fILITY EXTENSION AGREEME~
THE STATE OF TEXAS:
COUNIY OF HARRIS:
This agreement, made this 24th day of OCTOBER
. 19 9S . by and between the City of
La Porte, herein called .City", acting herein through its
City Manaller
(Title of Authorized Official)
and David Anllel record owner
{Strike out inapplicable terms}
(a eerperati9B), (~), (aa HuliviElBal Elei.ag hY&iRB66 as
)
of
Bavtown
. County of
Harris
. and State of
Texas
. hereinafter
called .Owner".
WITNESSETH
(1) All references to .Utility Main(s). hereunder shall, for the purposes of this agreement, refer to A 12"
diameter Dotable water line and aDpurtenances parallel to the north rillht -of-way line of Fairmont Parkway extending from
the west side of Underwood Road westerly aooroximatelv 2500 ft LF Der olans and soecifications Dreoared bv Municioal
Enlrineerinll Comoanv. Inc.. Proiect No. 1993-133. '
(2) Owner is the owner of certain property in the City of La Porte, Harris County, Texas, identified as; ...A.
66.95 acre tract beinll Dart of Outlots 694.696.714 and 695. 704.705 and 715 of La Porte Outlots recorded in Volume
83. Palle 344 of the HCDR and located in the Wm. Jones Survey. A-482 Harris Count;y. Texas. Owners intent is to
construct a 250 lot sinlrle family residential subdivision known as Pecan Crossinll: Per the Approved General Plan dated
Februarv. 1994.
City's utility mains do not presently extend to said property. Owner has requested City to extend utility mains to Owner's
said property.
(3) City hereby agrees to construct and install an extension of its utility main(s) to said property commencing
at the nearest existing utility main(s) of sufficient size and capacity. Thence a1ong/thru 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
and/or easements to complete said extension(s), Owner shall be solely responsible for obtaining said additional rights-of-
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easements at no cost to City.
(4) Owner agrees to pay all costs related to the construction and installation of said line(s) including necessary
appurtenances in conformance with City's standards and specifications for said line(s). Owner further agrees to pay all
engineering fees for survey, design, contract documents, bidding, construction staking, construction inspection, and preparation
of As Built drawings. Any credit funding or other participation by the City shall be described below;
Difference in cost of labor and materials for installation of a lr inch line verses a 8- inch line ner the
anDroved nlans and specifications. Cost difference will be determined from comoetitive bids received by City
on both 8- inch and lr water lines and subiect to review and apDroval by City. If the cost difference is determined
to be inequitable or exceed available funds. Owner shall nel!otiate the City's narticination prior to award of the
contract.
(5) Subject to the provisions of this agreement, City hereby agrees to the construction and installation of said
installation of utility main(s) according to the plans and specifications to be prepared by the Owner's engineer ~d approved
by the City. Upon completion and approval of plans and specifications City will place the project for bid, when bids are
received they shall be tabulated by the City and a copy of said tabulation shall be provided to City and Owner. Thereafter,
Owner shall deposit with City in escrow a sum equal to the amount bid by the lowest responsible chosen bidder, for
construction of an 8. inch water main, plus a sum equal to the estimated construction staking and inspection fees if applicable.
When said deposit has been made by Owner, City shall authorize construction of said extension(s). It is agreed and understood
that the deposited escrow amount made by Owner does not relieve Owner from paying for any unforeseen costs/or cost
overruns in the project that result from circumstances beyond the control of the City.
(6) City agrees to accept the value of the extension(s) that abut said Owner's property as a pro rata portion of the
prevailing square footage and/or front footage connection charge for water and/or sewer service against said property belonging
to Owner. Owner shall be responsible for all other customary charges.
(7) Upon execution of this agreement and compliance with terms herein, City agrees to begin construction thereof
as soon as the same may be let for contract as herein provided. City shall require the contractor under such contract to
diligently pursue the construction of the project to completion.
(8) In the event that other owners of property abutting the line(s) extended by Owner under this contract, as shoWD
on the map attached hereto as Exhibit A and incorporated by reference herein, shall utilize the extended line(s) 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 construtn of said facilities by the contractor, City agA collect from said property owners,
its prevailing square footage and/or front footage connection fees from said property owners and to reimburse Owner the
amount collected from such property owners, until Owner has been reimbursed a maximum total of the sum paid by Owner
to the City under the terms of this agreement, less Owner's own water and/or sewer square footage and/or front footage
connection charges if applicable, and amount of City participation in the cost for construction per paragraph (4) of this
agreement. 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 pro rata to their respective participation in the cost of the line(s).
IN WITNESS WHEREOF, the Parties to these present 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): ~_. ;
By:G?~ ,\~
ATTEST:
~~
-
(Secretary)
TITLE: Co,~ ~'-'-'c..~c....
BY:
(Seal)
OWNER: -lug/ 41
BY:
TITLE:
(Witness)
(Address/Zip Code)
Approved as to Form: I
/- ;7/
(2tl;lt~,!Q;f(~
(City Attorney)
Note: City Secretary should attest: If Owner is a corporation, Secretary of Corporation should attest.
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MONEY ORDER NO.
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P.O.
CITY OF LA
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BOX 1115 · LA PORTE, TEXAS 77572-1115
PORTE
713/471-5020
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___Nov_.__13.,__lO.9.5__
___.I $ 34 .128 .60
LEGNA LAND DEVELOPMENT CO
P. O. BOX 570
BAYTOWN, TEXAS 77522
0002
35-21
30
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TO:
Guy Rankin, Director of Planning
FROM:
Fred Thompson, P.E., City Engineer
-11
SUBJEC'r: City of La Parte 12" Diameter Water Line Extension Along Fairmont Parl"Wa~r
(Offsite for Pecan Crossing Subdivision) CLP# 94-6103
It is my recommendation that the contract far the above referenced water line extension be
awarded to;
Vican Services, Ine.
P.O. Box 1227
Katy, Texas 77492-1227
(713) 391-8601
Bids were opened for this project October 12, 1995, and Vicon Services, Inc. was the low
bidder with the following base and alternate bid:
Base Bid
Alternate Bid
r
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