HomeMy WebLinkAboutO-2000-2378
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ORDINANCE NO, 2000- ~ ~"1 ~
AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE
AGREEMENT BETWEEN THE CITY OF LA PORTE AND LUBRIZOL
CORPORATION, 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 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 it~ passage
and approval, and it is so ordered.
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ORDINANCE NO. 2000-~~rCZ
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PASSED AND APPROVED, this 14th day of February, 2000,
Attest:
~tJ,o:- !itudl
a ha A, Gillett
City Secretary
Approved:
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Knox W, Askins,
City Attorney
CITY OF LA PORTE
By:4~
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, orman L. Malone,
Mayor
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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 LA PORTE, TEXAS, a
municipal corporation of Harris County, Texas, hereinafter called "CITY", and LUBRIZOL
CORP. , 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.
II.
COMP ANY is desirous of purchasing potable water from CITY for usual human domestic
consumption and uses, and for limited industrial processes as hereinafter stated. 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. 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.
COMP ANY has made certain representations to CITY as to its number of employees,
and/or its desired amount of potable water for limited industrial processes, as of the date of this
agreement, upon which representations CITY has relied in entering into this Agreement.
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Upon review of these representations, the City has determined the following:
Number of Company Employees on site
108
Number of Contract Employees on site
67
Total on-site Employees
175
Potable Water Approved for Domestic Use (gpd)
(Total on-site Employees times 50 gpd per employee)
8.750
Potable Water Approved for Industrial Processes (gpd)
o
Total Amount of Potable Water Approved for
Company (Average Daily Demand, gpd)
8.750
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) Company shall pay to CITY a one-time administrative connection charge of $15.000
(B) Potable water used for Industrial Processes shall be limited to the following processes: none
(C) COMPANY shall file an application for water service with CITY'S Utility Billing Division and
pay appropriate deposit and water meter charge. CITY shall be responsible for furnishing and
installing meter at Company's expense. COMPANY shall be responsible for installing
appropriate meter box to be approved by City.
(0) Where applicable, COMPANY shall also pay to CITY $ 0
for installation of utility mains funded by other parties.
as a pro-rata reimbursement
(E) The total amount of potable water approved (average daily demand) is established at 8.750
gallons per day. This number is based on an average of fifty (50) gallons per employee per day
established by CITY, plus any amount approved for industrial processes.
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(F) The average monthly demand of 266.875 gallons is established by multiplying the average
daily demand by a factor of 30.5, which shall be used to facilitate service billings.
(G) The cost of water up to the average monthly demand of 266,875 gallons shall be one
hundred fifty percent (150%) of the CITY'S rate as established from time to time for
commercial customers inside its corporate limits.
(H) 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 rate as established from time to time for
commercial customers inside its corporate limits.
(I) Nothing contained in this Agreement shall obligate CITY to furnish more than the average
monthly demand of 266.875 gallons. Repeated consumption greater than the established
average monthly demand may result in termination of service.
(J) 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.
(K) CITY reserves the right to enforce its drought contingency plan on all water customers at
CITY'S sole discretion.
(L) The total cost for the engineering design and construction of any potable water main, service
line, back flow preventer, meter or other required appurtenances will be the responsibility of
COMPANY.
(M) COMP ANY 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.
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(N)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.
(0) A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY
to protect CITY from any possible cross-connections.
(P) The potable water supply system will be segregated from any existing and future COMPANY
fire protection system.
(Q) There shall be no resale of the water provided by CITY, nor any extension of service lines by
COMPANY to serve other parties.
(R) COMPANY shall submit a certified site plan showing the total acreage of the tract including
present and proposed improvements and a suitable location map of the site. Company's
development may be subject to certain additional requirements as described in Exhibit A. These
requirements shall be shown on the site plan and approved by City.
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 and maintain all service lines and plumbing facilities beyond the meter.
CITY shall own the meter.
VI.
CITY will have ownership and maintenance responsibility for its water mains, and service
lines up to and including CITY'S water meter. In the event a State or Harris County license,
permit, or pennission to install the water main is revoked, or relocation or adjustment is required,
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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.
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.
X.
In the event of any conflict between the terms and provisions of this Water Service
Agreement 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.
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ENTERED INTO effective the ~ day of t1$fu r y , 2000.
CITY OF LA PORTE
A TIEST:
'~11Qllb~f\ Ll a ALJ.tt.l
Martha A. Gillett
Ci ty Secretary
//
APPROVED:
~1/&/'Jlc..: C~;~~
Knox W. Askins
City Attorney
City Attorney
PO Box 1218
La Porte, TX 77572-1218
Phone: (281) 471-1886
Fax: (281) 471-2047
L fA 6r j 21) ( r flr m(t.d-iuJ
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Company
By:
CITY OF ~RTE
By: J1. 1fbh;#1L-
Norman L. Malone
Mayor
By:
~~ T. ~~
Robert T. Herrera
City Manager
City of La Porte
PO Box 1115
La Porte, TX 77572-1115
Phone: (281) 471-5020
Fax: (281) 471-7168
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This is EXHmIT A, consisting of 1 page,
referred to in and part of the Water Service
Agreement and/or Sanitary Sewer Service
Agreement between CITY and COMPANY
dated
CITY G!~~:
COMPANY LpN
ADDITIONAL REOUIREMENTS
The Agreement is amended and supplemented to include the following agreement of the
parties. COMP ANY shall provide additional improvements as specifically set forth below.
These agreements represent contractual undertakings of COMPANY, undertaken to induce
CITY to sell water to COMPANY pursuant to the terms of the Water Service Agreement
and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements
undertaken by COMPANY are an integral part of the consideration by COMPANY for
obtaining the provision of water and/or sanitary sewer service from CITY.
I) Storm Water Plan: For new development COMPANY shall provide a Storm Water
Management Plan that is approved by Harris County Flood Control District and CITY.
COMPANY shall construct and maintain any storm water system as a condition of
continued water and/or sewer service.
2) Miscellaneous:
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UTILITY EXTENSION AGREEMENT
(Owner Funded Extension)
THE STATE OF TEXAS:
COUNTY OF HARRIS:
t" H) /.... I': Il
This agreement made this _:1. day of rP nrLUJ r y .1999, by and between the
City of La Porte. herein c.llled "City". acting herein through its City Manager and LUBRIZOL
CORPORA TION. County of Harris. and State of Texas. hereinafter called "Owner".
WITNESSETH
1. All references to "Utility Main(s)" herewlder shall. for tlle purposes of this agreement. shall refer to
the extension of an 8-inch potable waterline and related alJpurtenances (CLP Project No. 99-
76(11).
2. Owner is the owner of certain property in tlle City of La Porte. Harris County, Texas. identified as
237.103 acres out of the George B. McKinstry League, A-47, Harris County, Texas. City's utility
main(s) presently do not e~1end to Owner's said property. Owner h..1s requested tlle extension of City's
utility main(s) to serve Owners said property.
3. City hereby agrecs to the construction and installation of an extension of its utility main(s) to said
property commcncing at tlle nearest existing utility main(s) of sufficient size and capacity. Thence
along/through public rights-of-way and/or easements to and through said Owner's property. Provided,
however, tllat City should 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-way andlor
easements at no cost to City on City approvcd forms. All permits and approvals required by entities
with jurisdiction shall be secured prior to construction.
~. Owner agrees to pay all costs relatcd to tlle construction and installation of said utility main(s)
including necessary appurtenances in conformance with City's stand..'lfds and specifications for said
utility main(s). Owner further agrees to pay all cngineering fees for survey. design. contract
documcnts. bidding. construction staking. construction inspection, and prep<,U'ation and submittal of
As-Built construction drawings.
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5. Subject to the provisions of this agreement. City hereby agrees to tJle construction and installation of
said utility nmin(s) according to the plans. specifications and contract documents to be prepared by tJle
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. TIle documents will also provide a
"Notice" to Contractor tJlat tJle City of La Porte will perform daily construction inspection to insure
complicUlce with plcUls cUld specifications. Owner shall submit Contractor Payment Requests to City
for review prior to Owner making payments to 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 tJle 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 contrnctors.
7. Owner clgrees that upon completion and acceptance by City, City will assume ownership and
maintemmce of the utility main(s) and as such shall have full control over future extensions and
connections thereto.
8. For the purposes of reimbursement. as provided for in paragraph 9, Owner agrees to supply City with a
statement of final constmction costs. Owner and City agree to use the final constmction cost to
develop an average cost per foot. Said average cost per foot shall equal the final construction cost
eligible for reimbursement. less any allowances for City participation, divided by tJle total length of
utility main eligible for reimbursement as defined by Exhibit "A".
9. In tJle event that other owners of property abutting tJle utility mains extended by Owner under this
contract. as shown on tIle map attached hereto as Exhibit "A" and incorporated by reference herein,
shall utilize the extended utility main(s) constmcted under tlus agreement by making cOlUlection
thereto under a pernut from City within a period of then (10) years from and after the date City 11<1s
accepted the constmction of Sc1id facilities by the contractor. City agrees to collect from said property
owners. an amolUlt equal to their linear foot of frontage abutting tJle utility main times tJle average cost
per foot. In the event that otJler Owner(s) llave participated in tJle cost of the extension OftJlis line(s),
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all participating owner(s) shall be reimbursed pro rata to their respective participation in the cost of Ule
line(s).
IN WITNESS WHEREOF, the Parties to these presents have executed this agreement in several
counterpans. each of which shall be deemed an original, in the year and day first mentioned above.
(Seal)
CITY OF LA PORTE
By:6{~ T. ~
TITLE: (~/ (J] trlJfTu/ ~ (
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ATTEST:
BY:~t0 O.J&1PJ
( lIy SecretaI)' of La Porte)
(Seal) ,
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By:;)/'Zp-Jni/J(7. /d-t/t~
(Witness or Secreta.!)' of Corporation)
LUBRIZOL CORPORATION
BY:
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APP~~S TO FO~:
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resentali Ye of Lubrizol Corporation
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City Atlomey
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