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Home My WebLink AboutO-1990-1697 " . . ORDINANCE NO. l697 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT FOR TEMPORARY SANITARY SEWER SERVICE BY AND BETWEEN THE CITY OF LA PORTE, TEXAS AND ABBOTT DEVELOPMENT CORPORATION~ 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 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, Article 6252-17, Texas Revised Civil Statutes Annotated~ 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. PASSED AND APPROVED, this llth day o~ ~~nef ~9~O. CITY OF LA PORTE ~ BY dZ~~~1fMaYOr A~ .~ Cherie Black City Secretary oz;;;d Knox W. Askins City Attorney e e ABBOTT DEVELOPMENT CO. Box 60550 I Midland. Texas 79711-0550 I (915) 563-2422 June 27, 1990 Mr. John Joernes, Asst. City Manager P.O. Box 1115 LaPorte, Texas 77572 RE: Underwood Road Sewer Dear Mr. Joernes: I hav~ returned herewith the executed original of the Agreement between the City of LaPorte and Abbott Development Company. To my knowledge, we have satisfied all of the requirement of the agreement, therefore, we have notified the contractor and requested that he complete the sewer tap and at the same time install the Sample Well at the Equipco Building. Mr. Baxley, with EnClean, Mr. John Ballard with Brownies, and Mr. Joe Koch, have each been advised of the need for the "Sample Well" requirement and have been provided a drawing indicating what to install. I trust we have completed this project for now so that we can each devote our time and energy to something more enjoyable and productive. Thank you for guiding us through this one. Very truly yours, I/J Gene Abbott, ABBOTT BUILDING COMPANY Industrial Sites, Building l!& Leasing . . . e THE STATE OF TEXAS COUNTY OF HARRIS AGREEMENT This Agreement made and entered into by and between the CITY OF LA PORTE, a municipal corporation, hereinafter referred to as "CITY," and ABBOTT DEVELOPMENT CORPORATION, a corporation, hereinafter referred to as "ABBOTT DEVELOPMENT," WITNESSETH: I CITY has entered into an interlocal agreement with the City of Deer Park that allows CITY to provide water and sewer service to certain existing businesses within the corporate limits of Deer Park. ABBOTT DEVELOPMENT is desirous of receiving sanitary sewer service per terms of that Agreement. ABBOTT DEVELOPMENT has requested permission to receive temporary sanitary service for two new buildings by connecting to an existing four inch (4") line that serves several existing facilities. For and in consideration of continuing sewer service to existing facilities and providing for two additional connections to the 4" sanitary sewer line, the parties hereto agree as follows, to wit: II ABBOTT DEVELOPMENT has filed with CITY, a site plan (Exhibit A, attached) showing the two new buildings to be furnished sewer 1 e e service. No additional services, expansions, etc, shall be permitted. III All expenses of the installation and maintenance of the two proposed taps and service lines shall be paid by ABBOTT DEVELOPMENT, and shall be ABBOTT DEVELOPMENT's sole maintenance responsibility thereafter. CITY shall have the right of prior review and approval of ABBOTT DEVELOPMENT's plans and specifications for the project. IV Because of multiple customers served by one four inch (4") service line, ABBOTT DEVELOPMENT agrees as follows, to wit: (a) each building service identified in Exhibi t A shall have separate water meters installed, at no expense to CITY, to allow for the computation of the sanitary sewer service charge. (b) deliver to the CITY permission and hold harmless agreements from all of the facilities connected to the four inch (4") service line. These facilities are listed on Exhibit B, attached. The agreements shall indemnify and hold harmless the CITY from any and all damages incurred due to sewer back-ups, stoppages, etc. These agreements shall be delivered prior to receiving installation of service contemplated by this agreement; and (c) install at no cost to CITY, sampling wells at each of the facilities receiving service from the four inch (4") line. The sampling wells shall be installed within 60 days of the date of this agreement. The location and construction of the sampling well shall be approved by the CITY. (d) maintain a maximum allowable discharge of thirty-four (34) gallons per minute from the 2 . e businesses listed on Exhibit B. Failure to adhere to the maximum discharge specified may, at CITY'S discretion, result in termination of this agreement. v Prior to receiving the utility service to the buildings shown on Exhibit A, ABBOTT DEVELOPMENT shall pay the sum of twenty-three thousand dollars and seventy-five cents ($23,000.75), in full, final and agreed settlement for past utility service through April 1990 provided to the companies listed on Exhibit C, attached. Payment shall be made within fifteen (15) days of the date of this Agreement and prior to installation of service contemplated by this agreement. All future payments shall be payable in full within fifteen (15) days of the billing date. VI ABBOTT DEVELOPMENT shall also be bound by terms and conditions contained in the Interlocal Agreement between CITY and Deer Park, dated June 1, 1990. VII This agreement is for a period of two years from the effective date of the Interlocal Agreement with Deer Park. If utility service from Deer Park is not available, on June 30, 1992, the CITY shall have the right to terminate this agreement upon sixty (60) days written notice from CITY to ABBOTT DEVELOPMENT. . e VIII Failure to perform any of the conditions described herein shall be cause for termination of service. ABBOTT DEVELOPMENT shall be bound by the terms and provisions of all applicable CITY ordinances. Service shall be billed at 150% of CITY'S in-city rates. IX This contract contains the entire agreement of the parties hereto. WITNESS OUR HANDS, this the 1st day of June, 1990. CITY OF LA PORTE '1 1 Norm A:5t:t~~: (City Attorney) ABBOTT DEVELOPMENT CORPORATION BY~' f?~ , ~J ~ ~ ~~ . 4&..... r ---orcr - -, I~ WAP.t.HO\JSe: I L___---l <,,,"",.,,VEL- -5 .,/ I.".,IA-c., VA.CA.loJ1" t.......!.JD 4. a 4 ~ I>o.c., ., ,. ~ '0 o t.' ,!....c.. o 0: !: I. ~ ~v..c.., e 'EXHIBIT A rr;:-, 10 ~ 10 ~ II :! '" Ir IC L~J ~ , I ~ I '" I ~ I '" I '" I ~ I I 4&4' ~ (:( ~ I~ ~ .. y .,. ;; \ot I ~ ___ __-.J PA.SA.DE.tJA.. e:.LV D. I CERTlrv TIIM T111.S lIMI/llll: 11M ClIllrlLElI rROII SURVEVS rCRrORIIF.O !lY Bll.lY R. r')~T[R ANO II1lS0N /leCOV. THIS OMIIINr. IS 1I0T A SllRVEY. TIllS lIR'\\III1r. IS rOR TIlE !,IJRPI)SE or 1:\OICATIIlr. 'TilE MEA TO DE SEPVElI DV TilE CITY OF LAPORTE OY TilE pr.OrOSED ~M:ITA!lY SF.IIER LI NE S/lOII:1 liE REOII. I, . . EXHIBIT B EXISTING BUSINESS RECEIVING SERVICE FROM EXISTING FOUR INCH (4") SANITARY SEWER LINE. Name Service Address Brownies striD Center: Brownies 1322 Underwood Queen Oaks Cleaners 3017 Pasadena Blvd Deer Park Blueprint 3013 Pasadena Blvd Farmers Insurance 3011 Pasadena Blvd Abbott Development EnClean (Maintech) 1318 Underwood 1314 Underwood BUSINESSES REQUESTING TEMPORARY SANITARY SEWER SERVICE FROM EXISTING FOUR INCH (4") SANITARY SEWER LINE. Name Service Address Joe Koch Construction Company Unknown Equipco Unknown 6 . , e - .' EXHIBIT C PAST SERVICES PROVIDED BY THE CITY OF LA PORTE TO CERTAIN BUSINESSES LOCATED IN THE CITY OF DEER PARK Address Business Owner Developer 1314 Underwood Abbott Development Abbott Development Abbott Development 1314 Underwood EnClean (Maintech) Abbott Development Abbott Development 1318 Underwood Koch Contractors Abbott Development Abbott Development \,. ~;.. . . June 1, 1990 To: The city of La Porte The undersigned existing and proposed businesses situated on Underwood Road in the City of Deer Park, hereby agree to the addition of two temporary connections to the existing four inch (4") sanitary sewer service line providing service to our facilities. In addition, we recognize that the City of La Porte maintenance responsibilities for such four inch (4") sanitary sewer service line, end at the sanitary sewer clean-out located at the Northwest corner of the intersection of Underwood Road and North L (Pasadena Blvd.) as indicated on the attached schematic. We further agree to same and hold the City of La Porte harmless from any and all damages, claims, or liabilities that might be incurred due to sewer back ups, stoppages, etc. Existing Abbott Development 1308 Underwood By Date Maintech 1314 Underwood By Date Brownies strin Center: Brownies 1233 Underwood By Date Queen Oaks Cleaners 3017 Pasadena Blvd By Date Deer Park Blueprint 3013 Pasadena Blvd By Date Farmers Insurance 3011 Pasadena Blvd By Date Proposed Abbott Development (2-connectionsl: Joe Koch Construction Company By Date Equip-co By Date .. . . ,.' . ,. SCHEMATIC ONLY NIS. ABBOTT DE\/. I ,PROP SERVICES BRONNIES &1 JOE KOCH EQUIP fo STRIP CNTR, I I CONST. I I MAINTECH _ 1- ~ _ L _ _ .lEX~ 4" SAN, SWR. ~-1 EXISTING SAN, SWR, C,O, (END OF CITY OF LA PORTE MAINTENANCE.) UNDERWOOD RD. ( EXIST, SAN, SWR. MAIN ~ en -' Z N