HomeMy WebLinkAboutO-1998-2218
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ORDINANCE NO. 98- 2218
AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE
AGREEMENT BETWEEN THE CITY OF LA PORTE AND SOUTHERN
IONICS INCORPORATED, 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, 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
OR~G\NA \.,
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ORDINANCE NO. 98- 2218
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 9th day of February, 1998.
By:
c~ LA PORTg~
L.~
N t:man L. alone,
Mayor
ATTEST: ~
011J!/rtli tJv .;{Mlj
Martha Gillett
City Secretary
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Revised 5/8/95
Requests for Potable Water Service OUtside the
Ci ty of La Porte for Companies with an
Industrial District Agreement
I. The proposed user shall supply the following information in. ~
writing:
1. Statement of utility demands including as a minimum:
Average day demand
Peak day demand
Minimum working pressure requirements
Number of regular and contract employees
Which shall be reviewed and approved by the City of La
Porte
2 . Certified site plan showing the total acreage of the
tract including present and proposed improvements and a
suitable location map of the site.
II. City of La Porte will determine availability of adequate
utilities based on the number of employees (regular and
contract) onsite times an average day demand of 50
gallons/day/employee.
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 present and projected
demands for municipal water
service for the area.
All proposed extensions shall
meet the City of La Porte
policy for a utility extension
agreement which requires:
- procurement of all necessary
easements, right-of-ways,
permits, etc. (at no cost to
the City)
- dedication of utility to the
City of La Porte
as well as other provisions.
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III. 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 of La Porte Council approval.
'"
· City determines locations, line sizes and approves
plans
· No outiay 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.
2. Require that City water be used for human consumption,
washing, etc., and at no time be used for process water
of any sort without spec~fic approval of City Council.
Where required by the City of La Porte (mandatory
all process-type plants) a reduced pressure
backflow prevent or must be installed to protect the
from any possible cross-connections.
4. When reconunended by the City of La Porte, a meter bypass
will be installed.
3 .
for
zone
City
5. All plumbing shall be permitted and shall meet applicable
State and City of La Porte code requirements. City of La
Porte shall have the right to inspect any and all work
related to the furnishings of potable water to the user.
6. The proposed user shall pay a one-time connection fee of
$100.00 per employee; with a minimum of $5,000 and a
maximum of $15,000.
7. The user shall pay 150% of the water rates currently in
effect for users within the corporate limits of the City
of La Porte. For water usage in excess of the average
day demand the user shall pay 200% of the water rates
currently in effect for users within the corporate limits
of the City of La Porte.
8. The user shall enter into a contract with the City of La
Porte outlining the provisions for potable water service
outside the corporate limits of La Porte.
9 . Exceptions:
· Prior contracts or commitments made by City of La
Porte
· Council has right to review, modify or enter into
other agreements as it sees fit.
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Revised 09/97
Page 1 of 6
STATE OF TEXAS ~
COUNTY OF HARRIS ~
WATER SERVICE AGREEMENT
(Without 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 SOUTHERN
IONICS INCORPORATED, a corporation, hereinafter called "COMPANY".
I.
COMPANY is the owner of certain real property which is situated in CITY'S 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 not for use for industrial processes of any kind. 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 as requested. 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:
III.
COMPANY has made the following representations to CITY as to its number of
employees, as of the date of this agreement, upon which representations CITY has relied in
entering into this Agreement.
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Revised 09/97
Page 2 of 6
Number of Employees on-site
32
Number of Contract Employees
8
Total on-site
40
N.
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 of a one-time administrative connection charge of
$ 5.000.
(B) COMPANY shall fIle an application for water service with CITY'S Utility Billing
Division and pay appropriate deposit.
(C) Where applicable, COMPANY shall also pay to CITY $ 16.122 as a pro-rata
reimbursement for installation of utility mains funded by other parties.
(0) The average daily demand is established at two thousand ( 2.000 ) gallons per day.
This number is based on an average of fifty (50) gallons per employee per day
established by CITY.
(E) The average monthly demand of sixty-one thousand ( 61.000 ) gallons is
established by multiplying the average daily demand by a factor of 30.5, which shall
be used to facilitate service billings.
(F) The cost of water up to the average monthly demand of sixty-one thousand
(61.000 ) gallons 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.
(G) 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 current rate as
Revised 09/'iTT
Page 3 of 6
established from time to time for commercial customers inside its corporate limits.
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(H) Nothing contained in this Agreement shall obligate CITY to furnish more than the
average monthly demand of sixty-one thousand ( 61.000 ) gallons. Repeated
consumption greater than the established average monthly demand may result in
termination of service.
(I) 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.
. (1) CITY reserves the right to enforce its drought contingency plan on all water
customers at CITY'S sole discretion.
(K) 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.
(L) 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.
(M) 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.
(N) A reduced pressure zone backtlow preventer shall be installed and maintained by
COMPANY to protect CITY from any possible cross-connections.
(0) The potable water supply system will be segregated from any existing and future
COMPANY fire protection system.
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Revised 09/'17
Page 4 of 6
(P) There shall be no resale of the water provided by CITY, nor any extension of
service lines by COMPANY to serve other parties.
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 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.
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.
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Page 5 of 6
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.
ENTERED INTO effective the Cffi-. day of P.e-brg ULr--' 1998.
SOUTHERN lONICS INCORPORATED
Company
By:
k~~~
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Name: G. V. H-EAU'bL..e.1Z..
Title: .s rre M A#..JA.t"..E.~
Address: 12901 Bay Park Road
Pasadena. Texas 77507
.
CITY OF LA PORTE
A TIEST:
~ 1/1.11 J'tt a I. }{dJJr1
~ Gillett
City Secretary
~9YED:
~.~[cJ,
Knox w. 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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) / CITY o~ LA PORTE
By: ~A~~
Norman L. Malone
Mayor
By: G<~ T. ~
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
Revised 09/97
Page 6 of 6