HomeMy WebLinkAboutO-2000-2419
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ORDINANCE NO. 2000- a..Jf It}
AN ORDINANCE APPROVING AND AUTHORIZING THE CITY OF LA PORTE TO
ENTER INTO A WATER SERVICE 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 authorized 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- ~A/'~
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.
CITY OF LA PORTE
B~
Norman L. Malone, Mayor
ATTEST:
Cj)1 tliiiltvf). III//;d
Martha Gillett. City Secretary
Knox Askins. City Attorney
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ST ATE 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 United Rentals, a
corporation, hereinafter called "COMPANY".
I.
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 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 for limited industrial processes as hereinafter stated. 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. 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:
Ill.
COMPANY has made certain representations to CITY as to its number of employees,
and/or its desired amount of potable water for limited industrial processes, as of the date of this
agreement, upon which representations CITY has relied in entering into this Agreement.
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Upon review of these representations, the City has determined the following:
Number of Company Employees on site
35
Number of Contract Employees on site
o
Total on-site Employees
35
Potable Water Approved for Domestic Use
(rotal on-site Employees times 50 gpd per employee)
1.750
Potable Water Approved for Industrial Processes (gpd)
1.800
Total Amount of Potable Water Approved for
Company (gpd)
3.550
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) Company shall pay to CITY a one-time administrative connection charge of $ 7.100.
(B) Potable water used for Industrial Processes shall be limited to the following processes:
Clp.aninr of Equij)ment for Re-rental Pln1;)oses
(C) COMPANY shall file an application for water service with CITY'S Utility Billing Division and
pay appropriate deposit and water meter charge. CITY shall be responsible for furnishing and
installing meter at Company's expense. COMPANY shall be responsible for installing
appropriate meter box to be approved by City.
(D)Where applicable, COMPANY shall also pay to CITY $ N/A as a pro-rata reimbursement
for installation of utility mains funded by other parties.
(E) The total amount of potable water approved (average daily demand) is established at 3.550
gallons per day. This number is based on an average of fifty (50) gallons per employee per day
established by CITY, plus any amount approved for industrial processes.
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(F) The average monthly demand of 108.275 gallons is established by multiplying the
average daily demand by a factor of 30.S, which shall be used to facilitate service billings.
(G) The cost of water up to the average monthly demand of 108.275 gallons shall be
one hundred fifty percent (150%) of the CITY'S rate as established from time to time for
commercial customers inside its corporate limits.
(H) 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 rate as established from time to time for
commercial customers inside 'its corporate limits.
(1) Nothing contained in this Agreement shall obligate CITY to furnish more than the average
monthly demand of 108.275 gallons. Repeated consumption greater than the
established average monthly demand may result in termination of service.
(1) 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.
(K) CITY reserves the right to enforce its drought contingency plan on all water customers at
CITY'S sole discretion.
(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.n
(M) 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.
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(N) 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 approv~ 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.
(0) A reduced pressure zone backtlow preventer shall be installed and maintained by COMPANY
to protect CITY from any possible cross-connections.
(P) The potable water supply system will be segregated from any existing and future COMPANY
fife protection system.
(Q) There shall be no resale of the water provided by CITY, nor any extension of service lines by
COMPANY to serve other parties.
(R) COMPANY shall sUbmit a certified site plan showing the total acreage of the tract including
present and proposed improvements and a suitable location map of the site. Company's
development may be subject to certain additional requirements as described in Exhibit A. These
requirements shall be shown on the site plan and approved by City,
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 and including 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,
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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.
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.
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This is EXHIBIT A, consisting of 1 page,
referred to in and part of the Water Service
Agreement between CITY and COMPANY
dated
Initial:
CITY
COMPANY J!JL
ADDITIONAL REQUIREMENTS
The Agreement is amended and supplemented to include the following agreement of the
parties. COMPANY shall provide additional improvements as specifically set forth below.
These agreements represent contractual undertakings of COMPANY, undertaken to induce
CITY to sell water to COMPANY pursuant to the terms of the Water Service Agreement
and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements
undertaken by COMPANY are an integral part of the consideration by COMPANY for
obtaining the provision of water and/or sanitary sewer service from CITY.
1) Storm Water Plan:
For new development, COMPANY shall provide a Storm Water Management Plan that
is approved by Harris County Flood Control District and CITY. COMPANY shall
construct and maintain any storm water system as a condition of continued water and/or
sewer service.
2) Beautification Efforts:
COMPANY shall provide a Landscaping Plan subject to approval by CITY.
COMPANY shall install and maintain landscaping along its existing developed frontage
to State Hwy. 225, as per approved Landscaping Plan as a condition of continued water
service.
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ENTERED INTO effective the :fi !-(it...., day of
CITY OF LA PORTE
ATTEST:
c:l!jabtAt0 a .Iftitt(
Martha A. Gillett
City Secretary
~,
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Knox W. Askins
City Attorney
City Attorney
PO Box 1218
La Porte, TX 77572-1218
Phone: (281) 471-1886
Fax: (281) 471-2047
By:
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1~2fLk
Company
CITY OF LA PORTE
BY:~~
Norman L. Malone
Mayor
By: QL~~vt- \: ,.~"-'-"
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