HomeMy WebLinkAboutO-1998-2302
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ORIGINAL
ORDINANCE NO. 98- 2302
AN ORD:INANCE APPROV:ING AND AUTHORIZ:ING A WASTEWATER TREATMENT
AGREEMENT BETWEEN THE CITY OF LA PORTE AND GULF COAST WASTE
DISPOSAL AUTHORITY; HARING VARIOUS FINDINGS AND PROVISIONS RELATING
TO THE SUBJBCT; F:IND:ING COMPL:IANCE W:ITS THE OPEN MEET:INGS LAW; AND
PROVIDING AN BFFECTIVE 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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ORDINANCE NO. 98- 2302
PAGE 2
PASSED AND APPROVED, this I~day of P~8~(
, 199
CITY OF LA PORTE
By: J(/J?71#0~4
Norman L. Malone
Mayor
ATTEST:
~a.. (j ~
a ha A. Gillett
City secretary
M?k
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Kn W. Askins
City Attorney
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A RESOLUTION OF THE BOARD OF DIRECTORS OF GULF COAST
WASTE DISPOSAL AUTHORITY AUTHORIZING THE CHAIRMAN TO
EXECUTE AND THE SECRETARY TO ATTEST, RESPECTIVELY, A
WASTEWATER TREATMENT AGREEMENT, BY AND BETWEEN THE
AUTHORITY AND THE CITY OF LAPORTE, TEXAS.
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BE IT RESOLVED BY THE BOARD OF DIRECTORS OF GULF COAST WASTE
DISPOSAL AUTHORITY:
Section 1.
That the Chairman and the Secretary of the Board be. and they are hereby,
authorized and directed to execute and attest, respectively, a Wastewater Treatment Agreement,
by and between the Authority and the City of LaPorte, Texas, for treatment of the City's
wastewater at the Authority's Bayport Wastewater Treatment Plant. A copy of such Agreement
is attached hereto and made a part hereof for all purposes.
PASSED, APPROVED, AND RESOLVED this 1!1- day of
,1999.
John Wildenthal, Chairman
Board of Directors
Gulf Coast Waste Disposal Authority
A TIEST:
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Sam Dell'Olio, Secretary
Board of Directors
Gulf Coast Waste Disposal Authority
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WASTEWATER TREATMENT
AGREEMENT.
THE STATE OF TEXAS
COUNTY OF HARRIS
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KNOW ALL :MEN BY THESE PRESENTS:
This Agreement ("Agreement") is made and entered into this { q tL.. day of
rw lA 1111 11M /'1 'f 1
~ +998; by and between GULF COAST WASTE DISPOSAL AUTHORITY
("Authority"), a gove~ental agency and body politic and corporate of the State of Texas,
created as a conservation and reclamation district pursuant to Article XVI, Section 59 of the
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Constitution of Texas by Chapter 409, Acts of 61st Legislature of the State of Texas, Regular
Session, 1969, as amended (originally codified as Article 7621d-2, Vernon's Texas Statutes), and
the CITY OF LA PORTE ("City"), a home rule municipal corporation of the State ~fTexas,
WITNE S SETH:
WHEREAS, Authority owns and operates the Bayport Wastewater Treatment Plant
("Plant") located at 10800 Bay Area Boulevard in Pasadena, Texas~ and
WHEREAS, City desires to transport domestic sewage to the Plant for treatment; and
WHEREAS, Authority is willing to treat such domestic sewage and discharge the treated
effluent resulting therefrom on the terms and conditions set forth in this Agreement.
NO~ THEREFOJ,ffi, in consideration of these premises, the mutual covenants herein
contained, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged by all parties hereto, Authority and City have agreed, and do hereby agree,
as follows:
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I.
Treatment of Wastewater
Section 1.01. The wastewater City collects and transports to Authority's Plant shall be
nonnal domestic sewage or nonnal municipal wastewater ("Domestic SewagelMunicipal Waste"),
which means a combination of the water-carried wastes from residences, businesses, and buildings
and institutions, together with such infiltration water as may be present. All such wastewater shall
be acceptable for biological treatment and shall comply with and meet such limits on physical and
chemical parameters as Authority shall establish as is necessary to ensure compliance with its
permit obligations, protection of its treatment facility, ,!and protection of its ability to provide
wastewater treatment services to the other customers served by the Plant. The initial parameters
for such wastewater are set forth in Exhibit "A," attached hereto and made a part hereof for all
purposes. City acknowledges that Exhibit "A" may be amended, supplemented or modified by
Authority from time to time to meet the requirements of the Texas Natural Resource
Conservation Commission, the Environmental Protection Agency or any governmental entity or
agency having authority over the Plant. In the event City discharges wastewater through the
Point of Delivery that exceeds the parameters established herein, including Exhibit "An as it may
be amended from time to time, Authority shall immediately notify City of such noncompliance.
Upon receipt of such notice, City shall take immediate action to determine the identity of the
offending originator and require the offending originator to cease discharging such wastewater.
Section 1.02. City shall transport its Domestic SewagelMunicipal Waste to the Point of
Delivery identified on Exhibit "B," ,attached hereto and made part hereof for all purposes, at
which point Authority shall assume control of the Domestic SewagelMunicipal Waste and treat it
at the Plant prior to the discharge of eftluent. Authority shall discharge the eftluent in compliance
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with all applicable rules, regulations, and laws of the United States, the State of Texas, and any
other governmental or reguiatory agency having jurisdiction.
Section 1.03. Authority shall accept from City the flow of Domestic Sewage/Municipal
Waste collected and transported by the City's Sanitary Sewage Collection and Transportation
Facilities described and defined in Exhibit "C" attached hereto and made a part hereof for all
purposes.
Section 1.04. City agrees to reimburse Authority for any fine or penalty assessed against
or imposed upon the Authority by any governmental agency having jurisdiction, to the extent that
City's failure to comply with the provisions contained in..section 1.01 above, or other violation of
this Agreement, proximately caused the assessment or imposition of the fine or penalty.
Whenever a governmental agency having jurisdiction takes any action against Authority that may
result in City's obligation to reimburse the Authority under the provisions of this Section,
Authority shall promptly notify City of such action and City shall have the right, at its own cost
and expense, to participate in the defense of such action. In the event Authority and City cannot
agree on whether the City's failure to comply with Section 1.01, or any other violation of this
Agreement caused the assessment or imposition of the fine or penalty, the matter may, if agreed to
by the Authority and the City, be submitted to arbitratio~ pursuant to Section 4.01.
Section 1.05. If City delivers wastewater through the Point of Delivery that exceeds the
parameters established under Section 1.01 and such wastewater causes damage to the Plant or an
inability to process all of the wastewater and discharge the treated eftluent in accordance with
Authority's Pennits, City shall pay one hundred percent (100%) of all costs and expenses incurred
by Authority to repair any such damage and any other cost and expense incurred by Authority
associated with the treatment and disposal of such wastewater.
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IT.
Term
Section 2.01. This Agreement shall remain in full force and effect for a period often (10)
years, commencing on the effective date hereof and terminating at midnight immediately
preceding the ten-year anniversary date hereof. Such Agreement shall be extended only upon the
written consent and approval of the parties; provided, however, notwithstanding any other
provision herein to the contrary, this Agreement shall become null and void upon the expiration of
Environmental Protection .Agency NPDES Permit No. TX0005380 or Texas Natural Resource
Conservation Commission Permit No. 01054, unless nefessary permit extensions by appropriate
regulatory agen~ies are obtained.
ID.
Pavment hv Citv
Section 3.01. For and in consideration of the services to be rendered and the expenses to
be incurred by Authority pursuant to the terms and conditions of this Agreement, City agrees to
pay Authority on a monthly basis at the rate of $0.20 per one thousand gallons of Domestic
SewagelMunicipal Waste delivered by City and treated by Aut~ority for flows of 500,000 gallons
per day or less, $0,40 per one thousand gallons of Domestic SewagelMunicipal Waste delivered
by City and treated by Authority for flows of 500,001 to 600,000 gallons per day, $0.60 per one
thousand gallons of Domestic SewagelMunicipal Waste delivered by City and treated by
Authority for flows of 600,001 to 800,000 gallons per day, $0.80 per one thousand gallons of
Domestic SewagelMunicipal Waste delivered by City and treated by Authority for flows of
800,001 to 1,000,000 gallons per day, and $1.00 per one thousand gallons of Domestic
SewagelMunicipal Waste delivered by City and treated by Authority for flows of over 1,000,000
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gallons per day. Authority shall meter the Domestic Sewage/Municipal Waste delivered by City to
determine the volume treated.
Authority shall have the right to increase the rates set forth in this Section by the average
percentage increase applicable to the rates of industrial customers of the Authority at the Plant, as
reflected in any future amendment to the Authority's Order Setting Rates and Charges for Users
of the Bayport System.
Section 3.02. Authority shall, on or before the fifteenth (15th) day of each month, submit
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to City its invoice reflecting the amount due for the preceding month's operations. Such invoice
shall be due and payable by City within thirty (30) days from the date of invoice. In the event
there is a bona fide dispute as to any invoiced amounts, City must notify Authority in writing
within fifteen (15) days of the date of such invoice. The notice shall specifically identify the
item(s) and amount(s) of the invoice in dispute and the basis thereof. City shall nevertheless
timely pay the total amount that is not in dispute. After the expiration of thirty (30) days from the
date of the invoice, the unpaid amount of such invoice, less any amount that has been properly
disputed as provided in this Sectio~ shall accrue' interest at a rate of seven and one-half percent
(7-1/2%) per annum until paid in full. All disputes regarding invoiced amounts that are not settled
by the parties within sixty (60) days of the date of the invoice may, if agreed to by the Authority
and the City, be submitted to arbitration pursuant to Section 4.01.
IV:
Arbitration
Section 4.01. The parties agree to use best efforts to resolve disputes that might arise
under this Agreement. In the event a dispute is not resolved between the parties, and the
Authority and the City agree that the dispute be arbitrated, it shall be promptly submitted to an
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arbitrator mutually agreed to by Authority and City. Such arbitrator shall proceed to resolve the
dispute submitted to him pursuant to the tenns of this Article and in accordance with the
procedures establishe~ by the Texas General Arbitration Act, Article 224, et seq., Vernon's Texas
Civil Statutes Annotated (Vernon Supp. 1998), (the "Arbitration Act"). If the parties cannot
agree on a single arbitrator, the parties shall settle the matter by selection of an arbitrator pursuant
to the procedures established by the Texas Arbitration Act.
Section 4.02. The provisions of this Article are subject to and shall not be construed as
attempting to exclude the jurisdiction of the Texas Natural Resource Conservation Commission or
any other governmental regulatory authority to arbitratepr settle disputes, hold hearings or enter
orders relating to the subject matter of this Agreement.
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Miscellaneous Provisions
Section 5.01. City shall construct, own, operate and maintain Sanitary Sewage Collection
and Transportation Facilities including, but not limited to, a Lift Station and a Pipeline, and all
other works necessary for the collection and transportation of its DSIMS to the Point of Delivery.
The Sanitary Sewage Collection and Transportation Facilities, including the Pipeline, are more
particularly described in Exhibit "C," attached hereto and made a part hereof. It is specifically
understood and agreed, unless otherwise expressly provided herein, that all capital costs and all
operation and maintenance expenses associated with City's Sanitary Sewage Collection and
Transportation Facilities, shall be and shall remain the sole responsibility of City. City agrees to
(a) maintain all its Sanitary Sewage Collection and Transportation Facilities and to repair
promptly any breaks therein so as to prevent the entry of surface or ground water, sand, or other
foreign materials; (b) adopt and enforce rules and regulations to ensure that connections to its
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Sanitary Sewage Collection and Transportation Facilities will not allow the discharge into said
facilities of anything prohibited by the provisions hereof and, in particular, but without limitation,
that no drains shall be installed or connected in such a manner that any rain water or other surface
waters are pennitted to enter its facilities, and that adequate safeguards will be taken to prevent
any abnormal seepage or discharge of any solid matter into said facilities or any abnormal
infiltration thereof from water leaking into the facilities through defective joints, breaks in pipes,
or porous walls; and ( c) without prejudice to any rights or remedies which the Authority might
otherwise have for the enforcemen~ of this Agreement, and to require compliance with the terms
hereof, City covenants that it will exercise any powers wpich it now has, or which it may hereafter
have, when reasonably necessary to accomplish compliance with the foregoing.
Section 5.02. City hereby covenants and agrees that it will: (a) establish, maintain, and
from time to time, If necessary, adjust the rates, fees, and charges for the service provided by its
sanitary sewage system or combined waterworks and sanitary sewage systems; and/or (b) assess,
levy, and collect taxes upon all taxable property within the City in whatever amount may be
necessary to pay the obligations of City hereunder and all such other expenses or costs of
operating and maintaining such systems.
Section 5.03. In the event either . party is rendered unable, either wholly or in part, by
force majeure to carry out its obligations under this Agreement, excluding the obligation to make
payments hereunder, it is agreed that such party shali give immediate written notice of such force
majeure to the other party, whereupon the party whose contractual obligations are affected by
force majeure shall be relieved of its obligations and responsibilities so far as they are affected by
force majeure during the continuance of any inability so caused, but for no longer period. The
term "force majeure" as used herein shall include, without limitation of the generality thereof, acts
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of God, acts of the public enemy, orders of any kind of the government of the United States or the
State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides,
lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of
government and people, civil disturbances, explosions, or any other inability of either party,
whether similar to those enumerated or otherwise, which is not within the control of the party
claiming such inability, which such party could riot have avoided by exercise of due diligence and
care.
Section 5.04. This Agreement is subject to all applicable rules, regulations, and laws of
the United States, State of Texas, or any governmental pr regulatory agency having jurisdiction,
Authority agrees that it will exercise all reasonable diligence to insure the operation and
maintenance of the Plant is in full and complete compliance with all laws, rules, regulations and
orders of federal, state, or local government or any agency or subdivision thereof having
jurisdiction. and authority over the manner and method in which the Plant is operated and
maintained,
Section 5.05. City shall have access during Authority's regular business hours to inspect
the records of Authority as to the rates established hereunder, the testing and metering of City's
wastewaters, compliance with physical and chemical parameters, and other matters related to the
rights and obligations of the parties under the terms of this Agreement.
Section 5.06. No waiver or waivers of any breach or default by any party hereto of any
term, covenant, condition or liability hereunder, or the performance by any party of any duty or
obligations hereunder, shall be deemed or construed to be a waiver of subsequent breaches or
defaults of any kind, under any circumstances.
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Section 5.07. Unless otherwise provided in this Agreement, any notice, communication,
reply or advice herein provided or permitted to be given, made or accepted by either party to the
other must be in writing and may be given or be selVed by depositing same in the United States
mail, postage prepaid and certified mail, return receipt requested, and addressed to the party to be
notified, by facsimile with confirming copy sent by mail, or by personally delivering same to an
office of such party. Notice given in any other manner shall be effective only if and when received
by the party to be notified,
For all purposes of notice, the addresses of the parties shall, until changed as hereinafter
provided, be ~ follows:
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To Authority:
To City:
Gulf Coast Waste Disposal Authority
910 Bay Area Boulevard
Houston, Texas 77058
Attention: General Manager
City of LaPorte
604 West Fairmont Parkway
LaPorte, Texas 77571
Attention: City Manager
The parties shall have the right from time to time and at any time to change their
respective addresses and each shall have the right to specify as its address any other address by at
least fifteen (15) days written notice to the other party.
Section 5.08. This Agreement shall be subject to change or modification only in writing
and with the consent of the governing bodies of each of the parties hereto.
Section 5.09. This Agreement shall bind and benefit Authority and City and their legal
successors, but shall not otherwise be assignable, in whole or in part, by either party except by
supplementary written agreements between the parties.
Section 5.10. This Agreement shall be for the sole and exclusive benefit of Authority and
City and shall not be construed to confer any benefit or right upon any other party or parties,
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Section 5.11. This Agreement has been executed by City by virtue of action taken
pursuant to a meeting of its governing City Council and by Authority upon and by authority of an
order or resolution passed at a meeting of its Board of Directors. This Agreement constitutes the
entire agreement between the parties relative to the subject matter hereof.
This Agreement may be executed in multiple counterparts, each of which, when so
executed, shall be deemed to be an original,
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies, each of which shall be deemed to be an original, as of the date and year first written
above.
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l\STE DISPOSAL
ATTEST:
Sam Dell'Olio, Secretary
Board of Directors
John Wildenthal, Chairman
Board of Directors .
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ATTEST:
~.Ad' )f;.ltrJ1
M a Gillette
City Secretary
APPROVED:
e
ox W. Askins
City Attorney
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CITY OF LA PORTE, TEXAS
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EXHIBIT "A"
Parameters for Domestic SewageIMunicipal Wastewater
The wastewater City collects and transports to Authority's Plant shall be normal domestic
sewage or normal municipal wastewater ("Domestic SewagelMunicipal Waste"), which means a
combination of the water-carried wastes from residences, businesses, and buildings and
institutions, together with such infiltration water as may be present.
City shall certify annually that no waste from an Industrial User, as defined in the Rule of
the Authority Adopting the Approved Pretreatment Program for the Bayport Facility, as amended,
has been collected or transported in City's Sanitary Sewage Collection and Transportation
Facilities without the express written consent and approval of Authority.
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EXHIBIT "C"
City's Sanitary Sewage Collection and Transportation Facilities
Description of Service Area
TRACT 1:
The boundaries of the fonner Bayshore Municipal Utility District, a conservation
and reclamation district which was created and operated under the provisions of
Chapter SO of the Acts of the 57th Legislature of the State of Texas, Regular
Session, 1961, prior to its annexation and dissolution by the City of La Porte.
TRACT 2:
That parcel of land being bounded on the north ~ Wharton Weems Boulevard; on
the east by old State Highway 146, also known as South Broadway Street; on the
south by McCabe Road; and on the west by new State Highway 146.
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