HomeMy WebLinkAboutO-1996-2112
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ORDINANCE NO. 96- 2112
AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT
BETWEEN THE CITY OF LA PORTE AND GOODYEAR TIRE AND RUBBER COMPANY,
BAYPORT CHEMICAL PLANT, FOR PROVISION OF POTABLE WATER SERVICE;
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.
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
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ORD:INABCE NO. 96- 2112
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PASSED AND APPROVED, this 24th day of June, 1996.
ATTEST:
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Sue Lenes,
city Secretary
APP~o/ d
Knox W. Askins,
City Attorney
By:
CITY OF LA PORTE
~.~
IN man L~ Malo e,
Mayor
PAGE 2
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THE GOODYEAR TIRE & RUBBER COMPANY
BAYPORT CHEMICAL PLANT
PO BOX 669
LA PORTE, TEXAS 77572
March 29, 1996
Gary Miller
The Bayport Plant needs to connect to a city potable water
line due to problems with our water quality. This is being
mandated by the City of LaPorte. GDYR and our neighbor
across the street "Rhom Haas" have elected to go together
and split the cost of the line which will come off Bay Area
Blvd. The Bayport Plant has been accruing the money for
this connection. (Approximately $50,000)
The cost of the water is based on industry paying a premium
over the residential/commercial user. We will pay a base
price of 150% the residential rate. This is standard in
this area.
The water rates that we are entitled to are limited to the
current plant size; however, the plant has stated they would
need another line to service any new construction if we
elect to expand over the years.
The plant has done the engineering and all the work with the
city to get this agreement done. I told them we could not
sign at the plant level anything that was over one year
long. I have routed this to legal and through Mr. Mallamaci
then for your signature.
C/ jAA7/;17
C I Wendt
Regional Purchasing Manager
Goodyear Tire & Rubber
960B9RDSl027
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11_0 Uom.YII;lmr 11. J1r(G~ ~Illler\llcJIJ()D~
P.O. BOX 669
LA PORTE, TX 77572-0669
PHONE (713) 474-4441
March 26, 1996
G. A. Miller
0/826
Akron
Dear Sir:
Please sign the attached "Water Service Agreement" covering
purchase of potable water from the City of La Porte, Texas
for the Goodyear Bayport Chemical Plant.
Potable water produced by the plant system on occasion
fails to meet State of Texas standards. We have indicated
to the state that Goodyear will solve this problem by pur-
chasing city water.
Local accounting has set up an accrual to facilitate the
one time payments required in paragraph IV. (A).
Thank you.
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S. A. Frahm
Plant Manager
attachment
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City of La Porte
Es tablished J 892
March 22, 1996
Mr. Paul Miller
Goodyear Tire and Rubber Company
PO Box 669
La Porte, TX 77572-0669
Re: Proposed Water Service Agreement Revisions
Dear Mr. Miller:
Attached for your review is a revised proposed Water Service Agreement. This agreement
supersedes the one previously forwarded to you on 2/20/96.
In general, the only revisions were to Section IV (A), regarding payment to the City and how
that cost is determined. As of 3/18/96, the City has received plans and specifications for the
off site water line along Bay Area Boulevard, and is currently being reviewed by staff.
We will keep your office informed as to the status of this line. Again, we look forward to
serving Goodyear in the near future.
If you have any questions or concerns, please call me at 471-5020, Ext. 257.
1tfu" ..
f!kI. j)
#lPr~
Fred D. Thompson, P.E.
City Engineer
c: John Joerns, Assistant City Manager
Guy Rankin, Director of Planning
Steve Gillett, Director of Public Works
I'.ll 1).1\ 1111 · ! 11"'f1<', Tl'X:l,77')7Z.1115 · (7IH471.50Z0
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STATE OF TEXAS ~
COUNTY OF HARRIS ~
WATER SERVICE AGREEMENT
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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 The Goodyear
Tire and Rubber Company, Bayport Chemical 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.
are parties to a current Industrial District Agreement.
CITY and COMPANY
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:
III.
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
77
33
Total on-sil'
110 e
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 $11.000.
COMPANY shall also be required to pay an amount equal to one-half (1h) of
their frontage length adjacent to the utility main, times the average cost per foot
for the original construction of the line. The average cost per foot shall be
established by dividing the total final construction cost, less any CITY
participation, by the total length of the utility main constructed.
(B) The average daily demand is established at 5.500 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 167.750 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 167.750 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 than the
average monthly demand of 167.750 gallons. Repeated consumptions
greater than'e established average monthly demafmay 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) 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.
(J) 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.
(K) A reduced pressure zone backflow preventer shall be installed and maintained by
COMPANY to protect CITY from any possible cross-connections.
(L) The potable water supply system will be segregated from any existing and future
COMPANY fire protection system.
(M) There shall be no resale of the water provided by CITY, nor any extension of
service lines by COMPANY to serve other parties.
V.
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 anllaintain all service lines and Plumbin~Cilities 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. 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 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.
IX.
. 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.
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In the event of any conflict between the terms and provisions of this Water Service
Agreemen~ and the terms and provisions of the Industrial District Agreement between the
parties, the terms and provisions of the Water Service 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
~ yd.. day of
-::I ~.. ____
, 1996.
A~ -L/
City Secretary
By:
ASST SEe
Z OF LA PORTE
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Norman L. Malone
Mayor
By:
ARY
.
By:
cx~ T. ~
Robert T. Herrera
City Manager
City of La Porte
PO Box 1115
La Porte, TX 77572-1115
Phone: (713) 471-1886
Fax: (713) 471-2047
Phone: (713) 471-5020
Fax: (713) 471-7168