HomeMy WebLinkAboutO-2002-2579 - Water service agreement for GSL Constructors, Ltd., Harcross Chemicals
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ORDINANCE NO. 2002-~5.7q
AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT
AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE
AND GSL CONSTRUCTORS, LTD. (HARCROSS CHEMICALS, INC., LESSEE),
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 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.
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PASSED AND APPROVED, thisM day Of~, 2002.
CITY OF LA PORTE
By:
/it, - -/1!t/-
No ~~lonel
Mayor
ATTEST:
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Ma t a A. Gillett
City Secretary
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STATE fah" TEE
COUNTY OF HARRIS §
TIiis AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a
mufficipal. corporation of Harris County, Texas, hereinafter called "CITY", and �SL
CONST4UCTORS, LTD., (11ARCROSS CHEMICALS, LESSIJE) hereinafter called
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COMPANY is the owner of certain real property which is situated in CI TYS Bayport
Industrial District and not within the corporate limits of the CITY- CITY and COMPANY are parties
In
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consumption and uses, and for limited industrial processes as hereinafter stated. Previous planning
considerations for the long-range potable at 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 U'l consideration of fbrnishi-ng domestic potable at by CITY, the
parties hereto agree as follows, to -wit:
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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,
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Upon review of these representations, the City has determined the following:
Number of Contract Employees on site
Potable Water Approved for'Domestic Use
(Total on -site Employees times 50 gpd per employel
*Potdble Water Approved for Industrial Processes (gpd)
Total Amount of Potable Water Approved for
Company (Average Daily Demand, gpd)
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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 S _5Jj0fl - -,
(13) Potable water used"for Industrial, Processes shall be limited to the following:
MiAdin& bir—c-Ti-mk-ler�designecLfer-cirdmaryl� d group) ISO-450 anm) laudscapejaigation-
(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 t6r 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 day demand) is established at TARF.
11940MR111
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'T) The average monthly demand of TtiREE—TMLISANDSEVEN—HIINDREtLF-IFIY (3,750)
gallons is established demand by a factor of 3b.5, w�ich shall be
used to facilitate set -vice billings,
(G)The cost of water up to the average monthly demand of ja., , mjNnk -
(114,375) gallons shail be 6ne hundred My
percent (150%) of the CITYS rate as established front' 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 'firom, time to time for commercial
customers inside its corporate lirnits.
(1) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly
demand of
FIVE (114,375). Repeated consumption greater than the established average monthly demand may
result in termination of service.
(J) CITY shall have the tight 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
(K) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S
(L) The total cost for the engineering design and construction of any potable water main, service line,
back How preventer, meter or other required appurtenances will be the responsibility of
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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,
All plumbing installed by COMPANY connected to the domestic water line frohi CITY, shall meet
all applicable State of Texas and CITY plumbifig code retibirenients, CITY'S engineering 'and
code enforcement personnel shall have the night of prior review and approval of WMPANY'S
plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the fight
to inspect any and all work related to the furnishing of potable water to COMPANY.
(0) A reduced pressure zone back -flow 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 &om any existing and future COMPANY fire
protection system.
(Q) There shall be no resale of the water provided by CITY, nor any extension of service tines 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
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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, 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.
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CITY will have ownership and maintenance responsibility for its water mains, and service lines
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up to and including, CITY'S water meter. In the event a State or Ha County licefise, 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.
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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 condift6hs 4 this
Agt6erftent. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also
agrees to follow established health and saf;ty policies in effect at COMPANY'S facility,
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CITY reserves the right to terminate this agreement in the event of violation of the terrns 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
CO expense, any defect or deficiency, when in its opinion the integrity of the public water
supply is threatened,
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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 set -vice at its sole discretion,
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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 to of
this Agreement shall terminate onDecernber 31, 2007. 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 1(�—c day of "', t— 2002.
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CITY OF LA PORTE
City Attorney City of La Porte
PO Box 1218 PO Box 1115
La Porte, TX 77572-1218 LaPorte, TX 77572-1115
Phone: (281) 471-1886 Phone: (281) 471 5020
Fix; (281) 471-2047 Fax: (281) 471-7169
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This Is EX111BIT A, consisting of I page,
referred to in and paft of the Water Service
Agreement and/or Sanitary Seaver Service
Agreement between ciTY and COMPANY
dated
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 shalt provide a Storm Water Management Plan
that is approved by I-lam's 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 submit a Landscaping Plan subject to approval by CITY:
COMPANY shall install and maintain landscaping along its existing developed
frontage as per approved Landscaping Plan as a condition of continued water
service.
Sanitary Sewer Service Agreement
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STATE OF TEXAS
COUNTY OF, HARRIS §
SANITARY SEWER SERVICE AGREEiMENT
(for Companies located in. BaNport North tridtistrial Paek)
This AGREEMENT made and entered into by and between the CITY OF LA FORTE, TEXAS, a
muikipal corporation of Harris County, Texas, hereinafter called "CITY"', and 6SL
CONSTRUCTORS, LTD., (HARCROSS CkMICALS, LESSEE) hereinafter coiled
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COMPANY is the owner of certain real proper W ypo, property which w ch is situated in CITY'S Ida rt
Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are
parties to a, current Industnial District Agi-eement.
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COMPANY is desirous of purchasing sanitary sewer service from CITY for usual human
domestic uses. COMPANY recognizes that CITY cannot at this time provide permanent and
unlimited sanitary sewer service. CITY agrees, however, to provide lirrtited sanitary sewer service to
COMPANY. For and in consideration of fumishing sanitary sewer service by CITY, the parties hereto
agree as follows, to -wit:
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COMPANY has made certain representations to CITY as to its number of employees, and/or
its desired amount of sanitary sewer from 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 detennined the following.
Number of Employees on -site lf�
Number of Contract Employees ..................... . .
Total on -site Employees ........................ . I 111�__
Sanitary Sewer Desired for Domestic Use
(iotal on -site times 50 gpd. per employee) ----------- I-V'M ..........
wanitary Sewer Approved for industrial Processes
Total Amount of Sanitary Sewer Approved
by Company (Average Daily Demand, gpd) ...........
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CITY has deternuined that adequate facilities are available to allow CITY to furnish sanitary
sewer to COMPANY based on the following terms and conditions, to -wit:
(A). Company shall pay to CITY a one-time administrative connection charge of
(13). CONIPANY shall file an application for sanitary sewer service with CITY'S Utility Billing
057JAMM
(C). The average daily demand is established at _._0NF__TFIOUS ANT) �FVF_N aLfNDRED Ell=
0-75D) gallons per day. This number is based on an average of fifty (50) gallons per employee
per day established by CITY
(D). The average monthly demand is calculated to be eighty-five percent, (85%) of the average daily
demand multiplied by a factor of'30.5, which shall be used to facilitate service billings,
(E), The cost of sanitary sewer service up to the average monthly demand of FOURTY-EIVE,
percent (150%) of the CITY'S rate as established from time to time for commercial customers
inside its corporate limits.
(F). The cost of sanitary sewer service for amounts in excess of the established average monthly
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demand shall be two hundred percent (200%) of the CITY'S rate as established ftom time to time
for commercial customers inside its corporate limits,
(Cr). Nothing contained in this kgreement shall obligate CITY to furnish more than the average
monthly demand of FOTJRTY-FIVf, Of J. EURFF HI IND -N
VE SAND-- F
(45,J69) gallons, Repeated sanitary sewer delivery greater than the established average monthly
demand may result in termination of service.
(H)_ COMPANY agrees that during periods when the CITY'S collection system is surcharged, the
CITY may require the suspension of use of the sanitary sewer system for periods not to exceed
thirty-six hours,
(1). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to
COMPANY if an emergency arises and there is not an adequate sewer collection or treathient
capacity to meet the needs of the citizens of La Porte.
(J). COMPANY agrees that it shall be bound by CITY'S Industrial Waste Ordinance, (Chapter 74,
Article 11 of the Code of Ordinances) and any subsequent amendments or revisions,
(K), The total cost, for the engineering design and construction of any sanitary sewer main, service
line, lift station, 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
furruishing of sanitary sewer service to customers within the corporate limits of CITY.
(M), All plumbing installed by COMPANY connected to the sanitary sewer fine from CITY, shall rneet
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 sanitary sewer service to
COMPANY-
IF
(N), There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of
service Lnes by COMPANY to serve other parties,
(0). 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 project 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,
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All expenses of the installation of service, lines from the main to the COMPANY'S facilities
shall be solely at the expense of COMPANY, COMPANY shall own and maintain all set -vice lines and
plumbing facilities.
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CITY has no ownership and/or maintenance responsibility for the sanitary sewer mains and/or
service tines within Bayport North Industrial Park, In the event a State or Harris County license,
permit, or permission to install the sanitary sewer main is revoked, or relocation or adjustment is
required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement.
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CITY reserves the night of entry at all reasonable times for the purpose of inspection of
CONIPANY'S sanitary sewer facilities, and to observe compliance with the terms and conditions of this
Agreement- When exercising its right of entry, CITY shall notify COMPAINY in advance- CITY also
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CITY reserves the, night to terrninate this agreement in the eventof 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 sartitary
sewer system is threatened.
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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 sanitary sewer service provider, If the transition is not complete
within said six-month period, CITY shall have the right to tern inate samtary sewer service at its sole
a,
In the event of any conflict between the terms and provisions of this Sanitary Sewer Service
Agreement and the term and provisions of the Industrial District Agreement between the parties, the
terms and provisions of the Sanitary Sewer Service Agreement shall control, to the extent of such
conflict. The term of this Agreement shall terminate on December 31, 2007. 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 _A07 day of,,,,,, 2002,
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This is EXUWIT A, consisting of I page,
referred to in and part of the Water Service
Agreement and/or Sanitary Sewer Service
Agreement between CITY and COMPANY
dated. ...... . . . . .................
Initial:
CITY�
� FZ.126
The Agreement is amended and supplemented to include the following agreement of the parlies.
COMPANY shall provide additional improvements as specifically set forth below. These
agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell
water and/or sanitary sewer 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,
lj 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 submit a Landscaping Plan subject to approval by CITY. COMPANY
shall install and maintain landscaping along its existing developed frontage as per approved
Landscaping Plan as a condition of continued water service -
Sampling Well:
COMPANY shall install a sanitary sewer sampling well in accordance with CITE''s
standards.
4) Industrial Waste Permit:
COMPANY shall submit application to CITY for industrial waste permit,
EXHIBIT 66F99
Area Map