HomeMy WebLinkAboutO-2000-2420
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ORDINANCE NO. 2000- IJ,~ ~o
AN ORDINANCE APPROVING AND AUTHORIZING THE CITY OF LA PORTE TO
ENTER INTO A UTILITY EXTENSION AGREEMENT WITH UNITED RENTALS;
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 here authorized to execute such document and all
related documents on behalf of the City of La Porte. The City Secretary is here
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.
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ORDINANCE NO. 2000-~1-f9-..{)
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Section 3. This Ordinance shall be effective from and after its passage and
approval, and it is so ordered.
PASSED AND APPROVED, this 24th day July, 2000.
ATTEST:
vj1l aJJd;,~ )44;d
Martha Gillett, City Secretary
Knox Askins, City Attorney
CITY OF LA PORTE
Br.f~~
Norman l. Malone, Mayor
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UTILITY EXTENSION AGREEMENT
(Owner Funded Euension)
THE STATE OF TEXAS:
COUNTY OF HARRIS:
This agreement, made this ~ ~ day of ~u tt{
, 2000, by and between the City of La
Porte, herein called "City", acting herein through its City Manager and United Rentals, a corporation, of La
Porte, County of Harris. and State of Texas. hereinafter called "Owner".
WITNESSEm
1. All references to "Utility Main(s)" hereunder shall, for the purposes of this agreement, shall refer to the
extension of a 12-iDcb potable water line and related appurtenances as per plans and specifications
prepared by /7( ~P/~~/7# .JobNo. ..Y#-CJO Dated 1f/~ ,and
,
approved by City (CLP Project No. 2000-7601).
2. Owner is the owner of certain property in the City of La Porte, Harris County, Texas. identified as 8.171-Acre
Tract of Land out of Lot 32 of tbe Strang Subdivision, Barris County, Texas. City's utility main(s)
presently do not extend to Owner's said property. Owner has requested the extension of City's utility main(s) to
serve Owners said property.
3. City hereby agrees to the constrilction and installation of an extension of its utility main(s) to said property
commencing at the nearest existing utility main(s) of sufficient size and capacity. Thence along/through public
rights~f-way and/or easements to and through said Owner's property. Provided, however, that Oty should not
possess all neceSS8l)' rights-of-way and/or easements to complete said extension(s), Owner shall be solely
responsible for obtaining said additional rights-of-way and/or easements at no cost to City on City approved
fonos. All permits and approvals required by entities with jurisdiction shall be secured prior to constIuction.
4. Owner agrees to pay all costs related to the consbuction and installation of said utility main(s) including
necessary appurtenances in conformance with City's standards and specifications for said utility main(s).
Owner further agrees to pay all engineering fees for survey, design, contract documents, bidding, construction
staking, construction inspection, and preparation and submittal of As-Built construction drawings.
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S. Subject to the provisions of this agreement, City hereby agrees to the construction and installation of said utility
main(s) according to the plans, specifications and contract documents to be prepared by the Owner's engineer
and approved by the City. The contract documents shall include a provision for a one (1) year warranty from
defects in materials and workmanship. The documents will also provide a "Notice" to Contractor that the City
of La Porte will perform daily construction inspection to insure compliance with plans and specifications.
Owner agrees that City will not be responsible for issuing or approving payments to the Contractor. It is agreed
and understood that Owner is responsible for paying for any unforeseen costs or cost overruns in the project that
result from circumstances beyond the control of the City.
6. City shall have the right to approve the Engineer and the Contmctor selected by Owner. Upon completion and
approval of plans, specifications. and contmct documents, the City shall authorize the Owner to secure bids
from qualified underground utility contractors.
7. Owner agrees that upon completion and acceptance by City, City will assume ownership and maintenance of
the utility main(s) and as such shall have full control over future extensions and connections thereto.
8. For the purpOses of reimbursement, as provided for in paragraph 9, Owner agrees to supply City with a
statement offinal construction costs. Owner and City agree to use the final construction cost to develop an
average cost per foot. Said average cost per foot shall equal the final construction cost eligible for
reimbursement, less any allowances for City participation, divided by the total length of utility main eligible for
reimbursement as defined by Exhibit" A".
9. In the event that other owners of property abutting the utility mains extended by Owner under this contract, as
shown on the plat attached hereto as Exhibit " A" and incorporated by reference herein, shall utilize the extended
utility main(s) constructed under this agreement by making connection thereto under a permit from City within
a period of ten (10) years from and after the date City has accepted the construction of said facilities by the
contractor, City agrees to collect from said property owners, an amount equal to their linear foot of frontage
abutting the utility main times the average cost per foot and reimburse this amount to Owner. In the event that
other Owner(s) have participated in the cost of the extension of this line(s), all participating owner(s) shall be
reimbursed pro rata to their respective participation in the cost of the line(s).
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IN WITNESS WHEREOF, the Parties to these presents have executed this agreement in several
counterparts, each of which shall be deemed an original. in the year and day first mentioned above.
(Seal)
A1TEST:
BJ(Jf. 'Ifd-. (). J(/tI:rI
( ity ecretary of La Porte)
CITY OF LA PORTE
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EXHIBIT NO.5
AREA MAP
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