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HomeMy WebLinkAboutO-1999-2370 -- . ORDINANCE NO. 99-137D AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND DOLIMA PROPERTIES, L. P., 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 I 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 I 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 I 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. e ORDINANCE NO. 99-1370 - PASSED AND APPROVED, this 13th day of December, 1999. ATTEST: 1l1ftJrJlia- r1.//dLtJi Ma tha A. Gillett City Secretary ~ nox W. A~. City Attorney CITY OF LA PORTE . " J ~ ~ By:,.,1 or ~l P- m- orman rK Mal~ I -, Mayor PAGE 2 e e 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 "DOLIMA PROPERTIFS, L.P.", a limited partnership, hereinafter called "COMPANY", I. COMPANY is the owner of certain real property which is situated in CITY'S Battleground Industrial District or Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. COMPANY 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: ill, COMPANY 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. e - 2 Upon review of these representations, the City has determined the following: Number of Company Employees on site 75 Number of Contract Employees on site 0 Total on-site Employees 75 Potable Water Approved for Domestic Use (Total on-site Employees times 50 gpd per employee) 3.750 Potable Water Approved for Industrial Processes (gpd) 1.096 Total Amount of Potable Water Approved for Company (Average Daily Demand, gpd) 4.846 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 $ 9.692.00 (B) Potable water used for Industrial Processes shall be limited to the following processes: 6" Tap. Metered 400.000 gallon Stand-by Tank for back-up Fire Prevention System (tested quarterly): standard vault and backflow prevention to be used. (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. (D) Where applicable, COMPANY shall also pay to CITY $ 17.905,36 as a pro-rata reimbursement for installation of utility mains funded by other parties. (E) The total amount of potable water approved (average daily demand) is established at 4.846 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. e e 3 (F) The average monthly demand of 147.803 gallons is established by multiplying the average daily demand by a factor of 30.5, which shall be used to facilitate seIVice billings. (G) The cost of water up to the average monthly demand of 147.803 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 147.803 gallons. Repeated consumption greater than the established average monthly demand may result in termination of seIVice. (1) CITY shall have the right to interrupt or temporarily suspend said water seIVice 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 reseIVes 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, seIVice line, back flow preventer, meter or other required appurtenances will be the responsibility of COMPANY. (M) 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. (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. e e 4 (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 Stand-By 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 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. VIT. 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. e e 5 CITY reserves the right to terminate this agreement in the event of violation of the tenns 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 tennination 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 tennination, 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 tenns and provisions of this Water Service Agreement and the tenns 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 tenn 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 tennination. ENTERED INTO effective the J 311- day of -'pfClZM 6e12.. , 1999, Dolima Properties. L.P. Company By: Name: Mr. las Walt Title: Presid nt. Dolima Properties I. L.P. Address: 6666 Mykawa Road Houston. Texas 77033 e e 7 This is EXHIBIT 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 ~~ COMPANY fI)IAJ Initial: ADDmONAL REOUIREMENTS The Agreement is amended and supplemented to include the following agreement of the parties. COMPANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water to COMP ANY 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. 1) 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) Fire Hydrant Installation: COMPANY shall provide for the installation of a fire hydrant at a point along its frontage to Baypark Road. Final location and fire hydrant type to be approved by CITY. e e 6 CITY OF LA PORTE ATTEST: 1!!~ffI1d1. A~ Martha A. Gillett City Secretary ~tiJcL Knox W, Askins City Attorney By: By: G?~ T. ~ Robert T, Herrera City Manager City Attorney PO Box 1218 La Porte, TX 77572-1218 City of La Porte PO Box 1115 La Porte, TX 77572-1115 Phone: (281) 471-5020 Fax: (281) 471-7168 Phone: (281) 471-1886 Fax: (281) 471-2047 e e Aprt17,1999 Page1of5 REQUESTS FOR POTABLE WATER SERVICE AND/OR SANITARY SEWER SERVICE OUTSIDE THE CITY OF LA PORTE FOR COMPANIES WITH AN INDUSTRIAL DISTRICT AGREEMENT I. General: Requests for water and sewer service outside the city limits of La Porte and within our extraterritorial jurisdiction (ET J) shall: · be initiated by formal application supplying the information on the attached. · be considered and approved by City Council on a case by case basis. · require the owner of the property to execute an Industrial District Agreement with the City. · require the owner to execute a Water and/or Sewer Service Agreement with the City. Additionally, depending on circumstances, the applicant may be required to execute a Utility Extension Agreement with the City. 1. Requests for water and/or sewer service will fall into one of two categories. · Sanitary and/or domestic needs where the estimated and contracted demand is equal to or less than the number of employees at that site times 50 gal/person/day. · Water and/or Sanitary Sewer demand is greater than the 50 gal/person/day, but less than a total demand of 30,000 gal/day. 2. Miscellaneous Requirements and Restrictions: · The City Council may also require additional requ!rements and restrictions as they see fit. These additional restrictions will be listed in an Exhibit "A" to the Water Sewer Service Agreement. · Specifically, in certain cases to promote various objectives, features or policies of the City the Council may require: . e AprfI7,1999 Page2of5 · information on the proposed usage of the property. · certain setbacks, lot coverage, landscaping, berms, etc. for protection of adjacent property and visual enhancements along public roadways. · additional development requirements might include pedestrian sidewalks, decorative fencing and saeening. · installation of fire hydrants to improve the firefighting capabilities of an area. · for new development, the projects stormwater management plan shall be coordinated with and approved by the City and Harris County Flood Control District. 3. For proposed developments that will be subdivided into multiple lots and end users. · The applicant will be asked to provide as much information as possible to assist in the implementation of these policies including but not limited to surveys, proposed lot layout, driveways, streets, etc. Total projected water and sewer demands of the entire development. · However, each individual end user will be required to execute separate Industrial District Agreements, Water and/or Sewer Service Agreements and when necessary, a Utility Extension Agreement. II. The proposed user shall supply the following information in writing: 1. Statement of utility demands including as a minimum: · Average day demand for potable water · Peak day demand for potable water · Minimum working pressure requirements · Processes water will be used for (if applicable) · Average day demand for sanitary sewer · Peak day demand for sanitary sewer · Processes contributing to sanitary sewer (if applicable) · Number of regular and contract employees which shall be reviewed and approved by the City. e e April 7 . 1999 Page3of5 2. Certified site plan showing the total acreage of the tract induding present and proposed improvements and a suitable location map of the site. In addition, the City may require the site plan to demonstrate that certain miscellaneous requirements and restrictions discussed in Section I paragraph 2 will be met. 3. The project's stormwater management plan shall be coordinated with the City and Harris County Flood Control District. The City and HCFCD may require the combining of some stormwater systems to achieve a higher overall effectiveness. III. The City will determine availability of adequate utilities based on the number of employees (regular and contract) onsite times an average day demand of 50 gallons per day per employee, and/or the stated quantity of water and/or sanitary sewer for processes. Total combined water demand shall nOt exceed 30,000 gallons per day. total combined sanitary sewer demand shall not exceed 30,000 gallons per day If adequate utilities are available, the provisions outlined in Section III shall apply: If adequate utilities are not available, potable water service shall not be recommended unless special provisions are made and approved for a utility extension of proper size to meet the present and the projected demands for municipal water service in the area. All proposed extensions shall meet the City's policy for a Utility Extension Agreement, which requires: · The Company to secure all necessary easements, rights-of.way, permits, etc., at no cost to the City. · The dedication of utility line to the City as well as other provisions. IV. Requests for potable water service by users outside the city limits of La Porte shall be subject to the following conditions: 1. Must have City Council approval. · City determines locations, line sizes and approves plans. · No outlay of City funds, other than administration of contracts and policies. · Lines to be installed in easements if installed in rights.of.way, Industry would be responsible for future relocation expenses. e e April 7, 1999 Page40fS 2. Requires that City water be used for human consumption, washing, etc., and/or limited process water with specific approval of City Council, 3. Where required by the City (mandatory for all process type plants) a reduced pressure zone backflow preventor must be installed to protect the City from any possible aoss connections. 4. When required by the City, a meter bypass will be installed. 5. All plumbing shall be permitted and shall meet applicable State and City code requirements. The City shall have the right to inspect any and all work related to the furnishings of potable water to the user, 6. The proposed user of potable water shall pay a one.time connection fee of $100.00 per employee, with a minimum of $5,000.00 and a maximum of $15,000.00. If the users total water demand is greater than the average day demand of 50/gallemployee/day, the one time connection fee shall be $2.00/gal times the total potable water demand approved with a minimum of $5,000 and a maximum of $15.000. 7. The user shall pay 150% of the water rates in effect for users within the corporate limits of the City. For water usage in excess of the average day demand, the user shall pay 200% of the water rates in effect for users within the corporate limits of the City. 8. The user shall enter into a contract with the City outlining the provisions for potable water service outside the corporate limits of the City. 9. Exceptions: · Prior contracts or commitments made by the City. · City Council has right to review, modify or enter into other agreements, as it deems necessary. V. Requests for sanitary sewer service by users outside the city limits of La Porte shall be subject to the following conditions: 1. Must have City Council approval. · City determines locations, line sizes and approves plans. e e April 7, 1999 Page 5015 · No outlay of City funds, other than administration of contracts and policies. · Lines to be installed in easements Q[ if installed in rights-of-way, Industry would be responsible for future 'relocation expenses. 2. Requires that sanitary sewer be generated by typical human sanitary uses, washing, etc., and/or limited processes with specific approval of City Council. 3. All plumbing shall be permitted and shall meet applicable State and City code requirements. The City shall have the right to inspect any and all work related to the furnishing of sanitary sewer service to the user. 4. The proposed user. of sanitary sewer shall pay a onErtime connection fee of $100.00 per employee, with a minimum of $5,000.00 and a maximum of $15,000.00. If the users total sanitary sewer demand is greater than the average day demand of 50/gal/employee/day, the one time connection fee shall be $2.00/gal times the total sanitary sewer demand approved with a minimum of $5,000 and a maximum of $15,000. 5. The user shall pay 150% of the sanitary sewer rates in effect for users within the corporate limits of the City. For sanitary sewer demand in excess of the average day demand, the user shall pay 200% of the sanitary sewer rates in effect for users within the corporate limits of the City. 6. The user shall enter into a contract with the City outlining the provisions for sanitary sewer service outside the corporate limits of the City. 7. Exceptions: · Prior contracts or commitments made by the City of La Porte. · City Council has right to review, modify or enter into other agreements, as it deems necessary.