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HomeMy WebLinkAboutO-1998-2292 e e ORIGINAL ORDINANCE NO. 98-2292 AN ORDINANCE APPROVING AND AUTHORIZING A WATER AND SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND DANA TANK CONTAINER, INC. , TO PROVIDE POTABLE WATER AND SANITARY SEWER 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 its passage and approval, and it is so ordered. . ORDINANCE NO. 98- 2292 e PASSED AND APPROVED, this 26th day of October, 1998. ATTEST: ~ o. ~11&t M a A. Gillett City Secretary ~d Knox W. Askins City Attorney By: CITY OF LA PORTE ~~~~ Norman L. Malone Mayor PAGE 2 e e 03/06/98 1 of 8 STATE OF TEXAS ~ COUNTY OF HARRIS ~ WATER AND SANITARY SEWER SERVICE AGREEMENT (With Utility Extension 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 DANA TANK CONTAINER. INC ,a New Jersey corporation, hereinafter called "COMPANY". 1. COMPANY is the owner of certain real property which is situated in CITY'S Battleground Industrial District and not within the corporate limits of the CITY. CITY and COMPANY have entered into an Industrial District Agreement, and a Utility Extension Agreement, both of even date herewith, reference to which is here made tor all purposes; and Whereas, it is the intention of CITY and COMPANY that should there be any contlict between the provisions of said Industrial District Agreement, and said Utility Extension Agreement, and the terms and provisions of this Water and Sewer Service Agreement, the terms and provisions of the Water and Sewer Service Agreement and the Utility Extension Agreement, as the case may be, shall control, to the extent of such conflict only. II. COMPANY is desirous of purchasing potable water and sanitary sewer service from CITY for usual human domestic consumption and uses, and sanitary sewer service for tank washing and cleaning of tank trucks by COMPANY. Previous planning considerations for the long-range potable water supply and sanitary sewer service of CITY did not include the needs of property located outside the city limits of CITY. COMP ANY recognizes that CITY cannot at this time provide permanent and unlimited water and sanitary sewer service as requested. CITY agrees, however, to provide limited potable water and sanitary sewer service to COMPANY. Por and in consideration of furnishing domestic potable water and sanitary sewer service by CITY, the parties hereto agree as follows, to-wit: e e 03/06/98 20f8 III. COMPANY has made the following representations to CITY as to its request for water and sanitary sewer service, as of the date of this agreement. upon which representations CITY has relied in entering into this Agreement. Domestic water and sanitary sewer = 1,000 gallons per day (gpd) Industrial sewer (tank washing and cleaning) = 28,750 gallons per day (gpd) IV. CITY has detennined that adequate facilities are available to CITY to furnish limited potable water and sanitary sewer to COMPANY based on the following terms and conditions. to- wit: PA YMENT (A) Payment to CITY in the amount of $114,355.00 for participation in City's construction costs for extending casings and carrier pipe across State Highway 225. Construction costs for lines extended under the Utility Extension Agreement shall be credited against this $114.355.00. I (B) An initial payment of $25,000.00 shall be due and payable to the City upon execution of this agreement and prior to construction of utilities extended under the Utility Extension Agreement. The balance shall be paid in full upon completion and acceptance of lines extended under the Utility Extension Agreement and before any water and sewer service is provided to COMPANY. I (C) COMPANY shall file an application for water service with CITY'S Utility Billing Division and pay appropriate deposit. e e 03/06/98 30f8 POTABLE WATER SERVICE (A) The average daily demand for domestic usage of water is established at 1,000 gallons per day (gpd). (B) The average monthly demand for domestic usage of water, thirty thousand five hundred (30,500) gallons per month (gpm) is established by multiplying the average daily demand by a factor of 30.5, which shall be used to facilitate service billings. (C) The cost of domestic water up to the average monthly demand of thirty thousand five hundred (30,500) gallons per month shall be one hundred fifty percent (150%) of the CITY'S current rate as established from time to time for commercial customers inside its corporate limits. (0) The cost of domestic water amounts used in excess of the established average monthly demand shall be two hundred percent (200%) of the CITY'S current rate as established from time to time for commercial customers inside its corporate limits. (E) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of thirty thousand tive hundred (30,500) gallons of potable water service' for domestic usage. Repeated consumption greater than the established average monthly demand may result in termination of service. (F) CITY shall have the right to interrupt or temporarily suspend water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of citizens of La Porte. (0) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (H) A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY to protect CITY from any possible cross connections. All backflow prevention assemblies shall be tested upon installation by a recognized backflow e e 03/06/98 40f8 prevention assembly tester. Backflow prevention assemblies must also be tested and certified at least annually or at CITY's discretion. (I) COMPANY agrees that it shall be bound by all applicable ordinances of CITY, and regulations of any state or federal agency having jurisdiction relative to the furnishing of potable water to customers within the corporate limits of CITY. Should there be any conflicts between the provisions of this agreement and normal billing practices of the CITY, this agreement shall prevail to the extent of the conflict onI y. <n The potable water supply system will be segregated from any existing and future COMPANY fire protection system. (K) There shall be no resale of the water provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (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) 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 o~n and maintain the meter. WASTEWATER SERVICE I , (A) Sanitary sewer service extended to COMPANY will be to provide for domestic usage and tank cleaning operations to the DANA Corporation. The average daily demand for wastewater is established at 29,750 gallons per day (gpd). COMPANY shall be limited to 28,750 gallons per day (gpd) for purposes of tank washing and cleaning and shall be restricted to total wastewater flow of 29,750 gallons per day (gpd) . e e 03/06/98 5 of 8 (B) The average monthly demand for wastewater, nine hundred seven thousand three hundred seventy five (907,375) gallons per month is established by multiplying the average daily demand for wastewater by a factor of 30.5, which shall be used to facilitate service billings. (C) The cost of wastewater up to the average monthly demand of 907,375 gallons per month shall be one hundred fifty percent (150%) of the CITY'S current rate as established from time to time for commercial customers inside its corporate city limits. (0) The sanitary sewer costs for amounts used in excess of the established 907,375 gallons per month demand shall be two hundred percent (200%) of the CITY'S current rate as established from time to time for commercial customers inside its corporate limits. (E) Nothing contained in this agreement shall obligate the CITY to furnish more than the average monthly demand of 907,375 gallons per month. Repeated consumption greater than the established average monthly demand may result in termination of service. (F) For purposed of billing and compliance with other provisions of this agreement. COMPANY agrees to install a meter to measure the sanitary wastewater flow from COMPANY'S facilities. COMPANY shall be billed for 100% of the metered wastewater flow. CITY shall approve the location and type of meter. (0) COMPANY agrees that annually or at the CITY'S discretion, the meter shall be calibrated and the results furnished to the CITY. All testing shall be at COMPANY'S expense. (H) COMPANY agrees to construct enough sanitary sewer storage on-site to accommodate no less than four times the average daily demand of wastewater generated from its operations, for a period of thirty-six hours. (I) COMPANY agrees that during periods when the CITY'S collection system is surcharged, the CITY may require them to cease use of the sanitary sewer service for periods not to exceed thirty-six (36) hours. 03/06/98 60f8 (J) City shall have the right to interrupt or temporarily suspend said sewer service to COMPANY if an emergency arises and there is not adequate sewer treatment or collection system capacity to meet the needs of the citizens of La Porte. e e (K) COMPANY agrees that it shall be bound by CITY'S Industrial Waste Ordinance (Ordinance No. 1663) and any subsequent amendments or revisions. (L) COMPANY agrees that it shall be bound by all other applicable ordinances of CITY and regulations of any state or federal agency having jurisdiction; relative to the furnishing of sanitary sewer to customers within the corporate limits of CITY. Should there be any conflicts between the provisions of this agreement and normal billing practices of the CITY, this agreement shall prevail to the extent of the conflict only. (M) There shall be no resale of the sewer capacity provided by CITY, nor any extension of service lines by COMPANY. to serve other parties. (N) All expenses of the installation of sanitary sewer service lines 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 property line. v. All plumbing installed by COMPANY connected to the public utility main 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 to prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY shall have the right to inspect any and all work related to the furnishing of potable water and sanitary sewer service to COMPANY. VI. CITY shall have final authority over size, location, materials, and other engineering matters concerning the extension of water and sewer mains to COMPANY'S property. These matters are the subject of a Utility Extension Agreement between the parties, of even date herewith. 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 e e 03/06/98 70f8 relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S water and sanitary 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. vrn 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 CITY'S water supply is threatened or the integrity of the CITY'S wastewater collection or treatment facilities are threatened. IX. Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another water and sewer service. If the transition is not complete within said six-month period, or if repeated violations occur during this period. CITY shall have the right to terminate water service at its sole discretion. x. The term of this Agreement shall be for five years plus any agreed 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. . e 03/06/98 8 of 8 ENTERED INTO effective the ;.(o.ft.- day of ~to ~f ( Co By: CITY OF LA PORTE A TIEST: ~6JJ. ).IjM a A. Gillett City Secretary I APP~laI a4 Kriox W. Askins City Attorney By: (\ ,~ITY ~~ LA PORTE ~y~ Norman L. Malone Mayor By: (X~,. ~ 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) 471-1886 Fax: (281) 471-2047 Phone: (281) 471-5020 Fax: (281) 471-7168