HomeMy WebLinkAboutO-1999-2338
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ORDINANCE NO. 99- 2 3 3 8
AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE
AGREEMENT BETWEEN THE CITY OF LA PORTE AND INITIAL D.S.I.
TRANSPORTS, INCORPORATED, FOR PROVISION OF POTABLE
WATER SERVICE; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING 1'0 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.
SectioD 2. The City Council officially finds, determines, recites,
and declares that a sufficient written notice of the date, hour, place and
su bject 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
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ORDINANCE NO. 99- 2 3 3 8
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.
PASSED AND APPROVED, this 28th day of June, 1999.
By:
~ LA PORTE
N .. .anr.~~~
Mayor
AITEST:
ct;~.
Knox W. Askins,
City Attorney
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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 Initial DSI
Transports, Inc., a corporation, hereinafter called "COMPANY".
I.
COMPANY is the owner of certain real propeny 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
propeny 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, urwit:
III.
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.
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Upon review of these representations, the City has detennined the following:
Number of Company Employees on site
60
Number of Contract Employees on site
o
Total on-site Employees
60
Potable Water Approved for Domestic Use
(Total on-site Employees times 50 gpd per employee)
Potable Water Approved for Industrial Processes (gpd)
3000
17.000
Total Amount of Potable Water Approved for
Company (Average Daily Demand, gpd)
20.000
IV.
CITY has detennined 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.
(8) Potable water used for Industrial Processes shall be limited to the following processes:_
T~rtation Equipment Cleaning. (TEC)
(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 $ 16.585 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 twenty
thousand (20.000) 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 six hundred ten thousand (61O.00m 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 six hundred ten thousand (610'<)00)
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 six hundred ten thou~d (610.000) gallons. Repeated consumption greater
than the established average monthly demand may result in termination of service.
(1) 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) 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.
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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 backtlow 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,
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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.
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 / ()
CITY OF LA PORTE
ArrEST:
utrl~. /fAUIII
Martha A. Gillett
City Secretary
.~
APPROy.ED~
tz~ , .
KnoxW.Askins
City Attorney
City Attorney
PO Box 1218
La Porte, TX 77572-1218
Phone: (281) 471-1886
Fax: (281) 471-2047
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day of J (I/'/C'
, 1999.
INITIAL DSI TRANSPORTS. INC.
Company
By: ~4fa~~
ide: Director of Environmental Affairs
Address: P.O. Box 674421
Houston. Texas 77267-4421
crIT~RTE
By: . _~
Norman L. Malone
Mayor
By:
Q~\.~
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 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 COMP~
dated JG/,-.,t' It) , /99'-1
Initial:
CITY (h
COMPANY -r--
~
ADDmONAL REQUIREMENTS
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 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.
1) Stonn 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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Aprll7, 1999
Page 1 0'5
REQUESTS FOR POTABLE WATER SERVICE
ANDIOR 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
gaUpersonlday, but less than a total demand of 30,000 gal/day.
2. Miscellaneous Requirements and Restrictions:
· The City Council may also require additional requirements
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:
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April 7. 1999
Page 2015
· 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 screening.
· 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 contrad employees
which shall be reviewed and approved by the City.
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April 7, 1999
Page 3 0'5
2. Certified site plan showing the total acreage of the tract including
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 projecfs 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.
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April 7. 1999
Page 4of5
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 cross 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/gal/employee/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 shaH be subject to the following conditions:
1. Must have City Council approval.
· City determines locations, line sizes and approves plans.
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April 7, 1999
Page 5 of 5
· 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 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 sanitary sewer 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 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.
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. 1
UTILITY EXTENSION AGREEMENT
(Owner Funded ExteDsion)
C'o"" .
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THE STATE OF TEXAS:
COUNTY OF HARRIS:
'Ibis agreement, made this
day of
. 1999, by and between the
City of La Porte, herein called "City", acting herein through its City Manager and Johu Framz, an
individual, of1be Woodlands, County of Montgomery, and State of Texas, hereinafter called "Owner".
WITNESSETH
1. All teferences to "Utility Main(s)" hereunder shaD, for the purposes of this agreement, shall refer to
the extension of an 8-inch potable water line and related appurtenances as per plans and
specifications being prepared by Cobb, Fendley & Associates, Job No. 98Z045-01 (CLP Project
No. 98-7602).
2. Owner is the owner and representative of certain property in the City of La Porte, Ranis County,
Te.'C3S, identified as approximately 46 Acs out of the Enoch Brinson Survey, A-5, Hanis County,
Taas, as recorded under Harris County Clerk File No.
. City's utility main(s) presently do
not e.-aend to Owner's said property. Owner bas requested the e."Ctension of City's utility main(s) to
serve Owners said property.
3. City hereby agrees to the construction and instaUation of 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/through public rights-of-way and/or easements to and through said Owner's property. Provided,
however, that should City not possess all necessary rights-of-way and/or easements to complete said
e.'rtension(s), Owner sball be solely responsible for obtaining said additiooal rights-of-way and/or
easements at no mst to City on City approved forms. All permits and approvals required by entities
with jurisdiction sball be secured prior to CODStruction.
4. Owner agrees to pay all msts related to the construction and ins1aJIation of said utility main(s)
including necessary appmtenances in confonnance with City's standards and specifications for said
utility main(s) all in accordance with Plans referenced in Section 1 hereof. Owner further agrees to
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pay all engineering fees for survey, design, contract documents, bidding, construction srakiDg,
coDStruction inspection, and preparntion and submittal of As-Built consttuction drawings.
S. Subject to the provisions of this agreement, City hereby agrees to the construction and iDsIaDation of
said utility main(s) according to the plans and specifications referenced in Section 1 hereof and
contract docmnents to be prepared by the Ownets engineer and approved by the City. The contract
documents sball include a provision for a one (1) year wammly from defects in materials and
woricman!lh~. The documents will also provide a "Notice" to Contractor that the City of La Porte will
perform 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 UDderstood that Owner is respoIISlDle for paying for any UDforeseen costs or cost ovemms
in the project that result from circumstances beyond the control of the City.
6. City sball have the right to approve the Engineer and the Contractor selected by Owner. Upon
completion and approval of plans, specifications, and contlact documents, the City shall authorize the
Owner to secure bids from qualified underground utility CODIJactors.
7. Owner agrees that upon completion and acceptance by City, City will assume ownership and
maintenance 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 fmal construction costs. Owner and City agree to use the final construction cost to
develop an average cost per foot. Said average cost per foot shall be calculated by determining the
final construction cost eligxDle for reimbursement divided by the total length of utility main eligxole for
reimbursement as defined by E.'Chibit "A".
9. In the event that other owners of property abutting the utility mains e."dended by Owner under this
contract, as shown on the plat attached hereto as Exhibit .. A" and inCOIpOIated by reference herein,
shall utilize the extended utility main(s) constructed under this agreement by making connection
thereto under a permit from City within a period of then (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 their linear foot of frootage abutting the utility main times the average cost
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per foot In the event tbat other Owner(s) have participated in the cost of the extension of this line(s),
all participating owner(s) sbal1 be reimbursed pro lata to their respective participation in the cost of the
1ine(s).
IN WITNESS WHEREOF, the Parties to these presents have executed this agreement in several
countaparts, each of wbich sbal1 be deemed an original, in the year and day first mentioned above.
(Seal)
ATIEST:
BY:
CITY OF LAPORTE
BY:
'ITll..E:
(City SecretaJy of La Porte)
(Seal)
JOHN FRANTZ
BY:
(Witness or Seaewy of COlporanon)
BY:
John FrauIZ Comp8llY
(Owner)
APPROVED AS TO FORM:
City Attorney
PROPOSED 8" WATER UNE EXTENSION
SENS ROAD
Gel SN3S
OWNER'S PROPERTY
LEMON
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NOI'E: POINT -A- 10 ea- BlGIBU! FOR REIMBURSEMENT
POINT -A- 10 "c-lOTAL LENGTH OF WATBWNE EXTENSION
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