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HomeMy WebLinkAboutO-1998-2293 e e ORDINANCE NO. 98- 2293 AN ORDINANCE APPROVING AND AUTHORIZING A UTILITY EXTENSION AGREEMENT BETWEEN THE CITY OF LA PORTE AND DANA TANK CONTAINER, INC., FOR CONSTRUCTION AND INSTALLATION OF AN EXTENSION OF UTILITY HAIN(S); MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. " .< OR\G\NAl 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. e e ORDINANCE NO. 98-2293 PAGE 2 PASSED AND APPROVED, this 26th day of October, 1998. CITY OF LA PORTE By: ~~y~ Norman L. Malone Mayor ATTEST: ~.m6Ja/~ Martha A. Gillett city Secretary Knox W. Askins City Attorney e e UTILITY EXTENSION AGREEMENT (Owner Funded Extension) THE STATE OF TEXAS: COUNTY OF HARRIS: This agreement., made this J.f.tJ..fI-. day of tCr,;:t"'l) &f(. 19::tI by find between the City of LaPorte. herein called "City", acting herein through its --1h .tr\./D ( r (Title of Authorized Official) and OI7NP) ,AIVX CO/JrAI./J/= e. . rA/C., (Strike Ollt inapplicable tenns) ./ (a corporation), (.a F"rlnP~ltip); (an indifidwli d\,;"tg b~iness 88 of liVEN e. L , County of HlDIJt-J:.SE. )( , and State of /ViEW iJ"CRJ/E. ~ hereinafter called (Owner). ' WITNESSETH (1) AIl references to "Utility Main(s)" herelUlder shall, for the purposes of this agreement, refer to ei2ht inch (8) notable water line extended approximatelv 400 lineal feet and a proposed fifteen inch (15") sanitarY sewer line extended approximatelv 800 lineal feet from existing utilities previouslv constnlcted. under City of La Porte Job munber 91-670 I. More oanicularlv described lUld shown on Exhibit" A" flltflched. (2) Owner is the owner of certain property in tJle City of LaPorte. Harris County, Te.~lS, identified as; See field note descriotion in Exhibit "B" Adequate City utility mains do not presently ex1end to said property. Owner 11.1S requested the extellSion of City utility main(s) to Owner's said property. CITY mId OWNER have entered into lUllndustrial District Agreement iUld a Wfltcr and Sewer Service Agreement. both of even d.'lte herewith. reference 10 which is here nUlde for aU pUJposes: and Whereas, it is the intention of City and Owner that should tJlere be flny conflict between the provisions of said Industrial District Agreement and Water and Sewer Service Agreement. and tJle tenus and provisions of this Utility Extension Agreement., the tenns and provisions of the Wflter mId Sewer Service Agreement mId the Utility E:\1ension Agreement as the case may be. shall control, to the e:\1ent of such conflict. e e (3) City hereby agrees to the construction and installation of an ex1ension of its utility main(s) to said property extending from previously constructed facilities as shown on Exhibit "A" conunencing at the nearest existing utility main(s) of sufficient size and c.1pacity. TIlence along/thm City of L.1Porte rights-of-way and/or easements to said Owner's property. In the event that necessary rights-of-way and/or easements do not exist to f.1cilitate the extension of said utility main(s), Owner shall be solely responsible for obtaining said additional rights-of-way and/or easements for extension of utility main(s) at no cost to City. on City approved fonns. (4) Owner agrees to pay all costs related to the constmction and installation of said utility mains including necessaJy appurtenances in conformance with City's standards and specification for said utility mains. Owner further agrees to pay all engineering fees for survey, design, contract documents, bidding, construction staking, constmction inspection, prep.1rntion and submittal of fin.:ll constmction cost as well as preparation of As-Built drawings. TIle constmction costs shall be credited against OIC COMPANY'S payment to the CITY as stipulated in Ole Water ~Uld Sewer Service Agreement. (5) Subject to tlle provisions of tllis agreement, City hereby agrees to tIle constmction and installation of utility main(s) by Owner's contractor, according to the plans lUld specifications to be prep.1I'ed by thc Owner's engineer and approved by tlle City. TIle contact documents shall include a provision for a one (I) y~lr warranty from defects in materials and workmanship. The documents will also provide a "Notice" to Contractor Olat Ole Cily of UI Porte will perfonn the daily construction inspection to insure complicUlce witll plans lUld specific.1tions. Upon final approval of plans and specifications. Owner will submit to City no less thml three competitive bids for constmction of utility main(s) each from a contractor with demonstrated experience in constmction of public utility 1Th1ins. City shall review tIle bids and approve iWleiees tlle contractor. Upon approval of tlle contractor, Ole City shall authorize construction of said utility main(s) by Owner's contractor. It is agreed and lUlderstood tlmt IIle bid muount agreed upon and accepted by City and Owner does not relieve Owner from paying for lUlY unforeseen costs/or cost overruns in the project tllt1t result from circumstances beyond tlle control of the City. Owner is also responsible for costs to construct a lift station required to transport wastewater into Ole CITY'S collection system. TIlis will be a privately owned and maintained lift station. (6) Owner agrees to the following provisions and, furthennore. Owner's agreement with Ole contractor shall incorporate these provisions; e e (a) Owner shall require the contractor to diligently pursue the construction of tile project to completion. (b) City shall observe and inspect the constmction to insure compliance with tile plans & specifications. City shall have the right to reject any defective materials or wort(JIlIUlship. (c) Any progress payment(s) or final payment to the contractor shall be reviewed and approved by first. the Owner's engineer and second. tile City, prior to Owner making such payment (d) Contractor shall warranty all work to tile City for one year from the date of acceptance by the city. (7) Owner agrees that upon completion and acceptance by CITY. CITY will asslUne ownership maintenance of the utility mains and as such shall have full control over future extensions and cOIUlections thereto. (8) In the event tlUlt otller owners of property abutting the line(s) extended by Owner under tllis contract. as shown on the plat attached hereto as Exhibit A and incorporated by reference herein. shall utilize U,e extended line(s) constructed lUlder tlus agreement by making connection tI,ereto lUlder a pemut from City. OWNER recognizes tlUlt there are no reimbursement obligations on part of the CITY or OWNERS of abutting propeny. IN WITNESS WHEREOF, the Parties to tllese present have executed tllis agreement in severnl counterparts. each ofwluch shall be deemed an original. in tile ye.1r and day first mentioned above. CITY OF LA PORTE (Seal) ~~s: ~ . ~ B . I (City SecretaJy) (Seal) BY:~Y~ TITLE:/M1{O( ~(OT.eM e e P/tAiI1 r;7NK C"6Vl"~/NfE~ XAiC_ Address of Owner: . ]),h 9 ~ Note: City Secretai)' should attest: lfOwner is a corporation. Secretary of Corporation should attest. ,. DANA 902 SENS RD. N.T.S. f 1 D . . . . . . r-------- , '-.. i1 I I PROP. 15- SAN. SWR. (GRA VITY) EXIST. SAN. SWR. "A' . -~~"ililIl':"t;:p,,-., .~J!"'i ~,~':F"'.~;,..._..._ .' ,....;:~~,::~,:::;~<.~.~; '....;':.;. .:.;:.:;.::.'.~ ;.~~ .. .;; '~:;S~~~'~::r:\'l,:-:~frf~:;;:.'.' ::'{Nft~~~~~:i~~5~:J~~:~':~~'::~,~ 'i~1''L,,:; .~.... :';;'-. ...........~, .~,;...'o(;', "'. '. ..?..:'::-.t.-.~i' .'j;~~>"}~l.,~:.jtri.. ..;~:::;:.. \::.,.:;..~~~~,. $~,I~f~}J~!~~r~i~'JrJ:~~i+1~f~[~~}~:il1~~:Jf~~~' . . ~~~Su:",j~2T :~t~k. EXHi8~ a - ?~e 1 of 2 .. i- :o:r";':~,,r:::.sjlrig;~1f33?acre5 ef-land. more or :esS,I()I"..ated in the Enoch Brinson'Survey; Abstract ~ ;..:. :.~~ $" ... ._~. 'Fexas,.mare particula.1y,being part of,'U'1e residue of ::-.;11 certain cailed. . . . : .~:: .... .- ..... ~.:...;iiiK:t:ot~ar.1l1;deSC:ibed.as:Trac:r'II; coiiveied to:Seieded Larids,'Ud~;No...9~ .. ~''';'.;j,J- . .... .: ,....,. -'iif.reCOrct:uniiec .fl\e. AO~. 0-753"1.26 ~f.the Official PiJbRc..FtecordS...ot: ReaL . ~'. . ::'. .<'.. .~ 1i!.~~;..;:J?PQ:i*.'.' ~ . . . '. €~tY.:'; ::e~, saict'!,/3~~ SK:,!':~b.alO'lJ1101J.t 7q[t;.;;t!lar!), _deScrlfle<<t.b.y, ...- .--"-.>: '. ~ ----.-- -.- ~--. ... -;.. qS~..faiIQJVS: . ::_ :.....: . .' ... . . ... ..,'.':" . .( ...::L..;:..:"...... :..... tit' NG~at:~~ Iron rad{fotll1lHoc comer at the Northeasl comer ot t'1at . i- tam:ae.tract.i:Jt:land .d!JSCr.ibed as."F1rst Trac~" coi.rvey~d to J. ? H~entLct~.racord under- file no. K9381.15 of' .ths':OtfidaI: Ptlblic ..' '.:.':'.' ~~UA*,T.eKaSrsam.Deir.91R~dY-line. &r.Itlonecf ~~acras; ~~ir.;'~..:!i.:..~..~.;:~. '44. ; -.k. :tt!, . .... 'E_WitJi'S8ict,Clofo."lerJv line. NorttfaSo 1 4 minL:t~ 08 seconcS' :ast, 13n.20' -:..;.!..,"".'i'.,......O;... ....; ........... . ., ..:..urasa::.lc:Jc:.fCI1:set.for comer; being.~he Ndnhsast cor~er ~ saia 5a.S4 acres; {7;' :~'. '::~ - ~~:.; :.~,~.~~'.::J: ...... : ~.;?: . .~ . ~~~~'} ~. '~'r~CEr with;.iltie-..iJ8Sterly lilie' of said 56.84 acres. Soutl'l 010 '45lmir.utes 52 ,.:11,:;;:' :SBGands.East, 11O.00',to.a SiS- iron red set.for~omer. ..: 1~.~~ .. ~-=--. ~EIl ~ ,. 6 ..o.n , :~~~~... ". . .". ~ ~i;i~'" . ~i1;F' '. . ~~t. ~oUtfi'8lF'1<l mlO'lutes'08 sec:::nds 'Nest. 1074.75' u).s 'Si<S" iron rod set' .... ..-. --- :,zr-:- .:-;JOF.eomer: ~~: :.:.: ~. '~i~..~~i~'~:':~$ .;,': . : ~t,::. .:~~.'~ .-.!"1MSlCE...StnltH 010'45 minutes 17 seccndS East. 349.90' to a 518. iron rod set ~~:l.~..:.~ ..:.F.?~~~,. I . . t:;: . .'lJiENCE, SOI.'t.'1i 880 1:3 minutes 02 seconds West, 200.00' to a 5/8" iron red found ., fOr comer at the: Southeast corner of afcrementipned 8.6i2 acre tract: .. I ~CE, leaving said easterly line. North 560 04 minutes 45 secondS West. :12O;OQl to a 5/S" .iren ~d set ~r comer; .. .. . ltiENCE. with the. eastsrly line of satd a.672 acre lract, North 010 45 minutes 17 ~nds 'Nes::449.97" to tne point of beginning and containing 4.835 acres of .land. i "J ..~ . .'" .~ " . " . .--...--....... ..... -.. ; -. J P, -~ .~: . . . I' . (~;~; :~~:!,..!, " ,.,', - ' .~!\ _ ~:~\.t. '~i'wittl"the., eassrty: line of said' 8.e:i'2 1l::~!:l5. SO'J:!1 010 45 minutes 17 . .:;' -:~<<:~~;.,.~:::'... ;~: :.' .;.449.91" to a 5/8" 'iron rea found marl<iilg the SO\:ltn98St corner of ;,,)*.'~~: ~ - ,.' '. -_. -. . ..- - 1?rj.;h'~.,f.~'~.' ,:~~..Wlth- tt;E!'~ctnerty'llne ,of .sma 8.c/~ ac.cS. So~~h S8 I,) minutes '..:':' 1.2.';1.: _ .~--;,.. '" a 5IS" ;ron rod faund far come' ;n ... nonl\eriY right-ol- 'r~.~L.-":' : :wty1ine-1rt:'State 'H1gt;lway No. 225; ]J:,':.:'. '~ENCE..- smd norther~ .ght-of~w.., '"e. "..'o,,.,..ng leur (4) coorses .:t.:~,~.~~..:.'.:'- . t.~;, NoM 19" 43 mioote. ,.;secondS '",,,,t, ;8.11' \0 e '12" ,roo ",Het lor _ . .c;orner, tt'le beginning of a cUl"le; i~~,"" i '. ,~k _ ,'~"';'. ~..Z : 'AlOng:the larc of a tar'lgent c:.:r/e to ~he left. said CUl"le tleing su!)tenc~d 'ov . .. .:; -.-+'central.~g1e of 720 00 mirlutes 00 seconds,. having a rad;~s at 421.97' .andan ~ length of 53026' to i:1 H2" it'Ol"I ."Co set. tor coml!r: 3. SoU!h 87J 37 minut~s sa seconds Wes\' ~a.co' :0 a 1/2" iron iCr.: !;e. for co:-ner: ., 4. Nortn 48" 31 minutes 05 sacor:ds West.. 56.57' :0 a ~.'2" ::O!'l roo s;;t tor corner in.lbe atorementioneo easterly ::gnt-of-waV ;ine of Sans Read; THENCE. leaving..said northe~ly rtq~-of-way line of State Highway ;:25 a~d \Mlth said eaS'teriy nght-oi-way line of SlffiS Road. r~orth 01 0 44 minutes 03 sec.Jnos West. 107.41' to the poInt of beginning and co..~nlnmg 10.673 acres of iand. _IIfl,..llllCflflEsl y. ~,.Can .....-....., . .' ~ ,. r. -~ ;/f. 'rJ" ,..,.,.