HomeMy WebLinkAboutO-2004-2747
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LINANCE NO. 2004;)1L()
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AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVIC~
AGREEMENT AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE
CITY OF LA PORTE AND AZTRON CHEMICAL SERVIq;S; 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 COUNC~ 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 ofthe 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 opened 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.
and it is so ordered.
This ordinance shall be effective from and after its passage and approval,
PASSED AND APPROVED, this
J411- dayof -crU (}-t
. 2004.
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ATTEST:
LfrI atrJr;.. P1Ad
Martha A. Gillett
City Secretary
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CITY OF LA PORTE
BY:~
Beasley
Mayor Pro-Tem
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Exhibit "D"
Water Service Agreement
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STATE 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 AZTRON
CHEMICAL SERVICES, INC. hereinafter called "COMPANY".
1.
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.
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 offumishing domestic potable water by CITY, the
parties hereto agree as follows, to-wit:
ID.
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
5
Number of Contract Employees on site
6
Total on-site Employees
11
Potable Water Approved for Domestic Use
(Total on-site Employees times 50 gpd per employee)
550
*Potable Water Approved for Industrial Processes (gpd)
1. 750
Total Amount of Potable Water Approved for
Company (Average Daily Demand, gpd)
2.300
N.
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 $ 5.000
(B) Potable water used for Industrial Processes shall be limited to the following:
*Manufacture of water-based soaps and detergents: Building fire sprinkler (designed for ordinary
hazard group 2. 350-450 gpm). landscape irrigation.
(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.
(0) Where ~pplicable, COMPANY shall also pay to CITY $ Nt 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 TWO
THOUSAND THREE HUNDRED (2,300) gallons per day. This number is based on an average
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of fifty (50) gallons per employee per day established by CITY, plus any amount approved for
industrial processes.
(F) The average monthly demand of SEVENTY THOUSAND ONE HUNDRED FIFTY (70,150)
gallons is established by multiplying the average daily demand by a factor of 30.5, which shall be
used to facilitate service billings.
(G) The cost of water up to the average monthly demand of SEVENTY THOUSAND ONE
HUNDRED FIFTY (70,150) gallons shall be one hundred fifty percent (1500.10) of the CITY'S rate
as established from time to time for commercial customers inside its corporate limits.
(II) 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.
(I) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly
demand of SEVENTY THOUSAND ONE HUNDRED FIFTY (70,150) gallons. Repeated
consumption greater than the established average monthly demand may result in termination of
semce.
(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.
(1<) 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.
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(M)COMP ANY 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.
(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 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 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 fire
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
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up to and including CITY'S water meter. In the event a State or Hams County license, pennit, or
pennission 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.
VIT.
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.
vm.
CITY reserves the right to terminate this agreement in the event of violation of the terms and
provisions hereofby 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 ~other 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 contlict 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 contro~ to the extent of such contlict. The tenn of
this Agreement shall tenninate 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.
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ENTERED INTO effective the J ~ day of J tLlt.JO .2004.
CITY OF LA PORTE
ATIEST:
Lfl;flIi-k ~
Martha A Gillett
City Secretary
City Attorney
PO Box 1218
LaPorte, TX 77572-1218
Phone: (281) 471-1886
Fax: (281) 471-2047
AZTRON CHEMICAL SERVICES. INC.
Company
By:
By:
<~BY: ~pv.CJlL
City Manager
City of La Porte
604 West Fainnont Parkway
LaPorte, TX 77571
Phone: (281) 471-5020
Fax: (281) 471-7168
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This is EXHIBIT A, consisting of 1 page,
referred to in and part of the Water Sen'ice
Agreement and/or Sanitary Sewer Service
Agreement between CITY and COMPANY
dated
CITY 9:
COMP A.NYi
ADDITIONAL REOUIREMENTS
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 t~ 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 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.
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Exhibit "E"
Sanitary Sewer Service Agreement
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. STATE OF TEXAS ~
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COUNTY OF HARRIS ~
SANITARY SEWER SERVICE AGREEMENT
(for Companies located in Bayport North Industrial PaIk)
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 AZTRON
CHEMICAL SERVICES, INC. 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.
ll.
COMPANY is desirous of purchasing sanitary sewer service from CITY for usual human
domestic uses. COMPANY recognizes that CITY cannot at this time provide pennanent and
unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to
COMPANY. For and in consideration offumishing sanitary sewer service by CITY, the parties hereto
agree as follows, to-wit:
ID.
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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(t Upon review of these representations, the City has detennined the following.
Number of Employees on-site 5
Number of Contract Employees 6
Total on-site Employees 11
Sanitary Sewer Desired for Domestic Use
(Total on-site times 50 gpd per employee) 550
Sanitary Sewer Approved for Industrial Processes (gpd) 0
Total Amount of Sanitary Sewer Approved
by Company (Average Daily Demand, gpd) 550
N.
CITY has detennined that adequate facilities are available to allow CITY to furnish sanitary
~er to COMPANY based on the following tenns and conditions, to-wit:
(A). Company shall pay to CITY a one-time administrative connection charge of $ 5.000
(B). COMPANY shall file an application for sanitary sewer service with CITY'S Utility Billing
Division and pay appropriate deposit.
(C). The average daily demand is established at FIVE HUNDRED FIFTY (550) gallons per day.
This number is based on an average of fifty (50) gallons per employee per day established by
CITY.
(0). The average monthly demand is calculated to be eighty-five percent (85%) of the average daily
demand multiplied by a factor of30.5, which shall be used to facilitate service billings.
(E). The cost of sanitary sewer service up to the average monthly demand of FOURTEEN
THOUSAND TWO HUNDRED FIFTY-NINE (14.259) gallons shall be one hundred fifty
percent (1500.10) of the CITY'S rate as established from time to time for commercial customers
inside its cotpOrate limits.
(F). The cost of sanitary sewer service for amounts in excess of the established average monthly
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(0). Nothing contained in this Agreement shall obligate CITY to furnish more than the average
monthly demand of FOURTEEN mOUSAND TWO HUNDRED FIFTY-NINE (14.259)
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.
(I). 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 treatment
capacity to meet the needs of the citizens of La Porte.
(1). COMPANY agrees that it shall be bound by CITY'S Industrial Waste Ordinance (Chapter 74,
Article II 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
furnishing of sanitary sewer service to customers within the corporate limits of CITY.
(M). All plumbing installed by COMPANY connected to the sanitary sewer 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 furnishing of sanitary sewer service to
COMPANY.
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~"t (N). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of
service lines 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 descn"bed in Exhibit A
These requirements shall be shown on the site plan and approved by City.
V.
All expenses of the installation of service lines from the main to the COMPANY'S filciI:ities
shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and
plumbing facilities.
VI.
CITY has no ownership and/or maintenance responsibility for the sanitary sewer mains and/or
service lines within Bayport North Industrial Park. In the event a State or Harris County license,
pennit, 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.
VIT.
CITY reserves the right of entrY at all reasonable times for the purpose of inspection of
COMPANY'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 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 tenninate this agreement in the event of violation of the terms and
provisions hereofby 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 sanitary
sewer system is threatened.
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IX.
Upon receipt of written notice oftennination, 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 terminate sanitary sewer service at its sole
discretion.
x.
In the event of any conflict between the tenns and provisions of this Sanitary Sewer Service
Agreement and the tenns and provisions of the Industrial District Agreement between the parties, the
tenns and provisions' of the Sanitary Sewer Service Agreement shall control, to the extent of such
conflict. The tenn of this Agreement shall tenninate 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 thel LfIi-, day of \fu n -( . .2004.
By:
CITY OF LAPORTE
ATTEST:
VilfI/lhJtI ~
Martha A Gillett
City Secretary
By:
. ,. Mayor Pro- Tem
~ By: c!~~u~li~
City Manager
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This is EXHIBIT A, consisting of 1 page,
referred to in and part of the Water Service
Agreement and/or Sanitary Sewer Service
Agreement b~een 5J;ITY and COMPANY
dated "'tel;-
,
I .tial:
CITY Z~
COMPANY -a-
ADDITIONAL REOUlREMENTS
. 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 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.
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 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.
3) Sampling Well:
COMPANY shall install a sanitary sewer sampling well in accordance with CITY's
standards.
4) Industrial Waste Permit:
COMPANY shall submit application to CITY for industrial waste permit.
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Exhibit "F"
Area Map
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