HomeMy WebLinkAboutO-2001-2491
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ORDINANCE NO. 2001- ~ 'fCl1
AN ORDINANCE APPROVING AND AUTHORIZING A RENEWAL AND EXTENSION OF THE
WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND ROHM AND HAAS
COMPANY, BAYPORT PLANT, FOR A TERM BEGINNING FEBRUARY 12, 2001 AND EXPIRING
DECEMBER 31,2007; 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 Mayor 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 50 ordered.
Ordinance 2001- ~ f~ f
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PASSED AND APPROVED, this 21 It day of May, 2001.
ATIEST:
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CITY OF LA PORTE
By. (~~~~
Mayor
Ma a A. Gillett
City Secretary
APPROVED:
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Knox W. Askins
City Attorney
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WATER SERVICE AGREEMENT
STATE OF TEXAS
COUNTY OF HARRIS
This agreement made and entered into by and between the City of La Porte, a municipal
corporation of Harris County, Texas, herein called "City", and Rohm and Haas Company, Bayport
Plant, a corporation hereinafter called "Company".
I.
That certain water service agreement between the parties, dated February 12, 1996, is
hereby renewed and extended by agreement of the parties, for a term commencing on February
12, 2001, and expiring on December 31, 2007, upo~ the terms and provisions of the prior water
service agreement between the parties.
Entered into effective the 21. day of May, 2001.
ROHM AND HAAS COMPANY, BAYPORT PLANT
By. XL'L W1 ':}) ~
Name: (please print) c:;- t" e .. I fA.. rn .0 C Y1 V') ~ I ~
Title: --:p ) (j VI +- yY) ~ ex. 5 .{ v
Address: I 3 '3 6 0 ~ fA Y k.t.e.... ~ I vel
lo.. rpov-K TX II -s1 J
CITYOFLA~O TE ~h, /J ~
By: . j!1l!lL41~~4P
No an L. Malone, Mayor
ATTEST:
~^- a. i411l1j
Martha A. GnIett
City Secretary
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Knox W. Askins
City Attorney
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Planning
Departlnent
Memo
To: Mayor and City Council .A
From: Doug Kneupper, Planning Directo~
CC: Robert T. Herrera, City Manager
John Joerns, Assistant City Manager
Date: May 21, 2001
Re: Rohm and Haas, Water Service Agreement
The attached information, original Water Service Agreement with Rohm and Haas,
was inadvertently omitted from your agenda material. Please include this information
with item No. 7 regarding a water service agreement with Rohm and Haas.
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STATE OF TEXAS
COUNTY OF HARRIS
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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 Rohm and
Haas Company, Bayport Plant, 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. CITY and COMPANY have entered into
a "Utility Extension Agreement" of even date herewith. which provides for the extension of
CITY'S potable water to COMPANY'S property.
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:
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III.
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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 100
Number of Contract Employees 35
Total on-site 135
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 $13.500.
(B) The average daily demand is established at 6.750 gallons p~r 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 295.875 gallons is established by
multiplying the average daily demand by a factor of 30.5, which shall be used to
facilitate service billings.
(D) The cost of water up to the average monthly demand of 205.875 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.
(P) Nothing contained in this Agreement shall obligate CITY to furnish more than the
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average monthly demand of
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205.875 ' gallons. Repeated consumptions
greater than the established average monthly demand may result in termination
of service.
(G) CITY shall have the right to interrupt or te~porarily suspend said water service
to COMPANY if an emergen~y 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 dr~ught contingency plan on all water
customers at CITY'S sole discretion.
(I) The total cost for the engineering design ~d construction of the potable water
main will be the responsibility of COMP A~"'Y.
(1) 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.
(K) 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 furl!ishing of potable water to
COMPANY.
(L) A reduced pressure zone backflow preventer shall be installed and maintained by
COMPANY to protect CITY from any possible cross-connections.
(M) The potable water supply system will be segregated from any existing and future
COMPANY fIre protection system.
(N) There shall be no resale of the water provided by CITY, nor any extens,ion of
service lines by COMPANY to serve other parties.
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V.
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All expenses of the installation of the meter; service lines from the main to the meter";
and from the meter to COMPANY'S facilities, shaH 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 shall have final authority over size, location, materials, and other engineering
matters concerning the extension of water mains to COMPANY'S property. These matters are
the subject of a Utility Extension Agreement between the parties, of even date herewith. CITY
will have ownership and maintenance responsibility for its water mains, up to COMPANY'S
water meter. In the event the 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 foHow 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 at:ld COMPANY shall have the opponunity 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.
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IX.
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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 a Utility Extension Agreement of even date herewith, and the terms and
provisions of the Industrial District Agreement between the parties, the terms and provisions of
the Water Service Agreement and the Utility Extension 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
12th. day of FeD.;t;'uar-y
, 1996.
Rohm and Haas Company. Bayport Plant
Company ,
Name:
Title:
Address:
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Donald K. Neman
Environmental Manager
13300 Bay Area Boulevard
La Porte. Texas 77571
By:
A TrEST:
~ ,f 14 ~----.
City 'Secretary Sue Lenes'
By:
CITY OF LA PORTE ~
iL~~
Mayor
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APP~O-'(ED: Ii
/"'ZrI ,-, IG L/ I
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. ,(.",. (.r /. tJ:7/~~
Knox W. Askins ~ '\
City Attorney
City of La Porte
PO Box 1218
La Porte, TX 77572-1218
Phone: (713) 471-1886
Fax: (713) 471-2047
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By: ~,.h-k: ,. ~_
Robert T. Herrera
City Manager
City of La Porte
PO Box 1115
La Porte, TIC 77572-1115
Phone: (713) 471-5020
Fax: (713) 471-7168