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HomeMy WebLinkAboutO-1997-2188 . . ORDINANCE NO. 97- 2188 AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND AIR LIQUIDE AMERICA CORPORATION, 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 JI.. 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 Secretazy 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 . ORDINANCE NO. 97~188 . 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 July, 1997. ATTEST: By: ~tJ Knox W. Askins, City Attorney e C~y Revised 5/8/95 Requests for Potable Water Service Outside the Ci ty of La Porte for Companies with an XDdustrial 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, e e 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 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. 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 specific approval of City Council, 3 . Where required by the City of La Porte (mandatory all process-type plants) a reduced pressure backflow preventor must be installed to protect the from any possible cross-connections, for zone City 4. When recommended by the City of La Porte, a meter bypass will be installed. 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. .: , , i / j 1/ I I I ; I I , I ! 1 ---;~-==~-J___;j"), =--~:::~~~-~~=~:~) 1::--1, ---"=_______~_~ Jj ------ -J., ___ _. _ " =--- --~-~ I!~r:-- _"':"::-_u-~~_......, },', i J;iP ILl , I i i_ '1 .10 ;j Pfli Lt c..... I ~ I( I, '. i! ii 'I if il ~ ~ r ~ i"' ", , :::j " . 'If: ;:il l;f: !!:: Pi: I'" .t~:1 -=1 ; ~l:: it ;r; ~~ :i" ~ i i i rjl: ,;1; I:;; l'I: i ~. r:.:j ~. ;:-=; ! ~.. ,: ~:-, ''; \ '. \ \ , " , \, \ \ \ \ , ! ~ ~ di 'I ,I J: , , ;) I" 1< . I': I . 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'. :'1 I~~i "i ~t~~ E: ~ " " I ~i; 1 : ji I : Ii. ,: I I' 1"' .; i . 1,' ! I _ i i :.----~._-..~..: C5 It..,'"' i;; 2!i .:: '! ~ l: · I !--- -~:.~~~~--......~; "< -''''''''--'';'''11 ..,co__ : : ''':::_. "--'1 .-..-..--.... ; jo ~:l i'l .. , I ;, ..... ....... ......- - .. , ~._;~;-;";:-:- :;r..-:-U-"; ~===.:-'r:'- :z ~ o .2 Is 'I , e e STATE OF TEXAS ~ COUNTY OF HARRIS ~ 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 AIR L1QUIDE AMERICA CORPORA nON, a Delaware corporation, (successor by merger to Big Three Industries, Inc.), 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 selVice as requested. CITY agrees, however, to provide limited potable water selVice 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. Number of Employees on-site Plus 1 m Facility Expansion Truck Drivers 83 35 35 e e Number of Contract Employees Total on-site o 153 IV. 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) Payment to CITY of a one time administrative connection charge of $15.000. (8) The average daily demand is established at 7.650 gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (C) The average monthly demand of 233.325 gallons is established by multiplying the average daily demand by a factor of 30.5, which shall be used to facilitate service billings. (0) The cost of water up to the average monthly demand of 233.325 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, (E) 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 established from time to time for commercial customers inside its corporate limits. (F) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of 233.325 gallons. Repeated consumption greater than the established average monthly demand may result in termination of service. (G) 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, (H) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion, e e (I) 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. (1) 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. (K) A reduced pressure zone bacldlow preventer shall be installed and maintained by COMPANY to protect CITY from any possible cross-connections. (L) The potable water supply system will be segregated from any existing and future COMPANY fire protection system. (M) 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 main. CITY shall own the meter. VI. CITY shall have final authority over size. location. materials. and other engineering matters concerning the extension of water mains to COMPANY'S property, CITY will have ownership and maintenance responsibility for its water mains. up to COMPANY'S service line. In the event the Harris County license. permit. or permission to install a water main and/or service line is revoked. or relocation or ,adjustment is required. CITY will not be responsible for the expense of e e 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 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 ~ terminate water service at its sole discretion. x. CITY agrees to allow COMPANY to install, own, and maintain a four(4) inch diameter service line across Fairmont Parkway at the location described on Air Liquide Drawing No, 800- ACV-1036 attached and incorporated as Exhibit" A", In return, COMPANY shall utilize its best efforts to install, at COMPANY's expense and within one (1) year from the date of this agreement, a minimum eight (8) inch diameter water main crossing Fairmont Parkway and terminating with a fire hydrant on the south side of Fairmont Parkway . COMPANY shall coordinate with CITY and CITY shall approve the location of the water main and fire hydrant to provide the maximum benefit for existing and future facilities, COMPANY further agrees to enter into a UTILITY e e EXTENSION AGREEMENT with CITY which shall govern the installation of the eight (8) inch diameter water main and flIe hydrant. XI. 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 panies, 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 2.3~ day of J l.\ J... "t , 1997, By: Name: S, . Sullivan Title: Central Zone Manager Address: 11400 Bay Area Blvd, Pasadena. Tx. 175m A TrEST: ~4, t{ ,JlJ1JJJ City Secretary By: 4 C~OFLA~ 'mJ1~ ~ nnan L. Malone Mayor r~:., /'~~ ~t/ 74/, 6.~~~ Knox W. Askins City Attorney City of La Porte PO Box 1218 La Porte, TX 77572-1218 By: ~~\ \: ~ Robert T. Herrera City Manager 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 e e > > C) 0 U 0 Z U T '0 'io x lli ~ -.i t5 t5 0. ~ ~ t.J I I 0 X x 5 ~ ~ 0 '::i > 0. 0. : 0:: 0 Z Z U < 0 0 . ;..... x x ~ ex) x x - t.J t.J HARRIS COUNTY, TEXAS R. 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It) - V N N - -..- cO '> I"'i '> 0 '> -i- > ai '> N > U) >0 '> ,...: '> 0 '> _ '> 0 '> '>" '> "t.J ~+W...J""W OWClOW lI"lW OWOW ClOW ~W -wow t.Jgw +...J +...J +...J+...J +...J +...J+...J +...J +...J +...J+...J...J ...J N WNW N WNW _ W _ W _ W_ W 0 t.J 0 WOW 9- W W I W : 1::-::::::;:;~::I.:~"rl=~~~:::::I::::=~.,-~-~::~~:Ir"~~::~~'~\ : PROPOSED 4" PIPELINE 4.50"O,O.xO,333"W.T. HOPE SERIES 1000 SDR 13,5 T.B.". : TOP WEST HEADWAlL EXXON EXIT DRIVE SO. CHISEL ON SO END Of' HEADWAlL ELEV. 18.78' PROFILE SCALE : ," = 50' H.& V. REVISION . DATE DATE 5-2-97 BY DRAWN BY P.C, CHECKED e, APP'O ~AIR UOUIDEJ PROPOSED 4" WATER LINE TO AIR UaUIDE CROSSING FAIRMONT PARKWAY HARRIS COUNTY, TEXAS FILE ok DISK NO. 1. 2. 3. 4. AIR LIOUIOE AMERICA CORP. HOUSTON. TEXAS SCALE NOTED JOB NO. '2 ~Sf" OWG. NO. ,2t>O-ACV-ID3"