HomeMy WebLinkAboutO-1996-2094
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ORDINANCE NO. 96- 2094
AN ORDINANCE APPROVING AND AUTHORIZING THE CITY OF LA PORTE TO
ENTER INTO A WATER SERVICE AGREEMENT AND A UTILITY EXTENSION
AGREEMENT WITH ROBM AND BAAS COMPANY, BAYPORT PLANT, TO PROVIDE
POTABLE WATER SERVICE TO A COMPANY OUTSIDE THE CORPORATE CITY
LIMITS WHICH HAS A CURRENT INDUSTRIAL DISTRICT AGREEMENT WITH THE
CITY OF LA PORTE; 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
ci ty 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.
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ORDINANCE NO. 96-2094
PAGE 2
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 12th day of February, 1996.
CITY OF LA PORTE
By:
~ !jl~(
N rma~. a one,
Mayor
ATTEST:
<)_.. L ~
Sue Lenes,
City Secretary
AP~~
Knox W. Askins,
City Attorney
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UTILITY EXTENSION AGREEMENT
TIlE STATE OF TEXAS:
COUNTY OF HARRIS:
This agreement, made this
12
day of
February
,19 96 , by and between the
City of La Porte, herein called "City", acting herein through its
City Manal!er
(Title of Authorized Official)
and Rohm and Haas ComDany. BaYDOrt Plant
{Strike out inapplicable tellDS}
(a corporation), €a }'tlH1BeFSIH~, ~ iBEIi':idU&l deiag k5iaess as
of Bavoort Industrial District, County of
Harris
, and State of
Texas
hereinafter called "Owner".
(I) All references to "Utility Main(s)" hereunder shall, for the purposes of this agreement, refer to
ADDroximately 2.400 linear feet of 8" diameter PVC water line and aDDurtenances. The line will connect to the
City's existinl! 12" line on the north side of Fairmont Parkway and extend along Bay Area Boulevard southward
terminatinl! at the meter. Said water line beinl! engineered and aDDroved in confonnance with City of La Porte
lUandards and shown schematically on the comoosite maD attached hereto as Exhibit "A".
(2) Owner is the owner of certain property in the Bayport Industrial District of the City of La Porte,
Harris County, Texas, identified as; 60.155 acres of land in the Richard Pearsall 1/3 League. Abstract 625.
Harris County. Texas. and bein~ more particularly described in Exhibit "B".
City's utility mains do not presently extend to said property. Owner has requested City to extend utility mains to
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Owner's said propeny. 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 along/thru City of La Porte rights-of-way andlor
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 survey, design, contract documents, bidding, construction
staking, constrUction inspection, and preparation of record drawings.
(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 not be responsible for issuing or approving payments to the Contractor. It is agreed
and understood that Owner is responsible for paying for any unforeseen costs/or cost overruns in the project that
result from circumstances beyond the control of the City.
(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 into a separate "Water Service Agreement" which provides terms
and conditions for limited water service to Owner and as lillCh, Owner is not responsible for payment of City's
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prevailing square footage andlor 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 aveI3ge cost per foot shall equal the final construction cost, less any allowances for City
participation, divided by the total length of utility main eligible for reimbursement as defined by Exhibit 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 Exhibit 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 ('h) 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 ('h) 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 oro 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.
CITY OF LA PORTE
(Seal)
AITEST:
S-~~
By:G~\.~
BY:
TITLE:
City Manal!er
(Secretary)
(Seal)
OWNER:
~~
1"
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~;;U~
(City Attomey) ,
Note: City Secretary should attest:
BY:
Rohm & Haas Comoanv. Bavoort Plant
~/r~
Donald K. Neman
Environmental Manal!er
TITLE:
If Owner is a corporation, Secretary of Corporation should attest.
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m-6MID nOUllUS OESCnlPTlOlI .-
60.15~res (2,620,3Gt Square Feet) ~
Ueiog a tr!~t or parcel of land containing 60.155 acres (2,620,3G5 square feet)
ill th~ Richild Pearsall 1/3 League, A-!i25, lIarris County, Texas, and being more
?artic\ll;:rly dcscl"'ibed as follows with illl bearings referred to the Texas
Coordinate ~ystem, South Central Zone:
COi,lI.IEIIC I1IG a t a coppen/e 1 d rod stamped "3075" fou lid 11 t the sou thea s t corner of the
intersection of Bay Area Boulevard (150 feet wide) and of record in Volume 7235,
Page 135 of lIarris County Deed Records (fI.C.D.R.) and Fairmont Parl:l~ay (25D.feet
\~ide), sar.le point being the north\olest corner of a 17 .1166 acre tract OI.med by Airco
Inc. and recorded in Film Code 115-99-2206, File tlumber F906432 of the lIarris
County Official Public Records'of Real Property;
TIIEIICE, South 00059'50" East, 831.10 feet (called S 01000'115" E, 831.10 feet)
along the line common to said Bay Area Boulevard and said Airco Inc. tract to a
coppen/e1d rod reset and stamped "3076" and the "POIlIT OF IlEGHIlIItIG" and the
northwest corner of the herein described tract; , ,
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TIIEtlCE, 1I0rth B6050'1I0" East 932.45 feet (called II 136052'54" E, 932.45 feet) along
the south 1 ine of said Ai I'CO Inc. tract to a coppen~eld rod reset and stamped "3077"
said point al~o being the southeast corner of said Airco tract; ,
TIIEIICE, 1I0rth 86047'30" East, 639.02 feet (called tI 86052'54" East, 638.94 feet)
to a copperwe1d rod found stamped "3097" and being in the southeast line of a
20 foot wide pipeline easement granted to Tennessee Products Pipeline Company and
recorded in Volume 3340, Page 1138, II.C.O.R.;
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'TIIEIICE, South 34011'29" \-lest; 341.32 feet (called S 34010'10" H. 341.36 feet) along
said southeast line to a copperwe1d rod found stamped "3096";
TIIEIICE, leaving said southeast line, Horth 86052'54" East, 640.39 feet (called
II 136052'54" E, 640.1113 feet) to a coppen/e1d rod found stamped "3086" and being in
the \'lest line of a lIarris County Flood Control fee strip (185 feet \'/ide) known as
Drainage Ditch C, Tract 1 and being of record in Volume D260, Page 124, II.C.D.R.;
TIIE/lCE, along said \o/est line, South 03000'00" East (called S 03001'29" E) at
752.14 feet pass a copperweld rod found stamped "2956" in all a total distance of
1102~39 feet to a copperwe1d rod reset and 'stamped "2957", and being in the north
line of an Houston Lighting and Power fee strip (120 feet wide) of record in
Volume 71116, Page 375, H.C.D.R.;
.
HIEIICE, along said north line, South 13r26'21" \-lest (called S 137026'12" 1-1) at
1516.62 feet pass a copperweld rod found stamped "2954", and being in the north-
west line of'a 20 foot wide pipeline easement granted to Tennessee Gas Transmfssion
Company and recorded in Volume 3007, Page 706, and Volume 3135, Page 261, II.C.D.R.,
all a total distance of 2052.90 ,feet to a conrenleld rod reset and stamped "2951"
and being in the east ri9ht-of-way of said Bay Area noul~vard;
TIIEIICE, along said east line of Bay Area Boulevard, 1I0rth 00059'50" !~est (called
" 01000'45" H) at DO.OO feet pass a copperweld rod found stamped "2952", in all
a total distance of 1353.34 feet to the POHIT OF nEGWrlIllG and containing 60.155
ucres (2,620,365 square feet) of land.
COr.lp il ed by:
SUR VCOII IIIC.
1I0us ton, Texas
Job #5059-031
February 19130
EXHIBIT IBI
STATE OF TEXAS
COUNTY OF HARRIS
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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 Rohm and
Haas Company, Bayport Plant, 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.
II.
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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III.
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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 100
Number of Contract Employees 35
Total on-site 135
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 $13.500.
(B) The average daily demand is established at 6.750 gallons per day.
This number is based on an average of fifty (50) gallons per employee per day
estab lished by CITY.
(C) The average monthly demand of 205.875 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 205.875 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 than the
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average monthly demand of
205.875
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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.
(1) 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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V.
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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
COMPANY'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 .
VIII.
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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IX.
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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 12th
day of ;Feo.:r:ua,xy
, 1996.
Rohm and Haas Company. Bayport Plant
Company
Name:
Title:
Address:
!) tfrL~ K. u.~
Donald K. Neman
Environmental Manager
13300 Bay Area Boulevard
La Porte. Texas 77571
By:
ATI~ ~
City Secretary Sue Lenes:
By:
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APPROVED:
D~?A1'~
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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By: Q~ T. ~
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