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HomeMy WebLinkAboutO-2006-2868 ORDINANCE NO. 2006- ~O~~ AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND BNIP NEW DECADE VENTURE, LTD.; 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 the reference. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. The City Manager is hereby authorized to execute said contact, agreement, or other undertaking described in the title of this ordinance. 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 subj ect mat ter 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. ORDINANCE NO. 2006- ~'fk~ PAGE 2 Section 3. This ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this _~ day of feb. , 2006. By: CITY OF LA PORTE ~~~ Alton E. Porter Mayor ATTEST: LjJj!llJ;k o. 11 AJJl Martha A. Gillett City Secretary Knox W. Askins City Attorney 1 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 BNIP New Decade Venture. L TD 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. 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. CO MP ANY 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: 2 III. 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. Upon review of these representations, the City has determined the following: Number of Company Employees on site 25 Number of Contract Employees on site o Total on-site Employees 25 Potable Water Approved for Domestic Use (Total on-site Employees times 50 gpd per employee) 1250 *Potable Water Approved for Industrial Processes (gpd) 21600 Total Amount of Potable Water Approved for Company (Average Daily Demand, gpd) 22.850 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 $5000.00 (B) Potable water used for Industrial Processes shall be limited to the following: Water for cooling tower and reverse osmosis system. (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. 3 (D) The total amount of potable water approved (average daily demand) is established at twenty- two thousand ei2ht hundred fIfty (22.850) 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. (E) The average monthly demand of six hundred ninety six thousand nine hundred twenty fIve (696.925) gallons is established by multiplying the average daily demand by a factor of 30.5, which shall be used to facilitate service billings. (F) The cost of water up to the average monthly demand of six hundred ninety six thousand nine hundred twenty five (696.925) 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. (G) 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. (H) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of six hundred ninety six thousand nine hundred twenty five (696.925) gallons per month. Repeated consumption greater than the established average monthly demand may result in termination of service. (I) 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. (J) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (K) The total cost for the engineering design and construction of any potable water main, service 4 line, back flow preventer, 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 potable water to customers within the corporate limits of CITY. (M) 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. (N) A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY to protect CITY from any possible cross-connections. (0) The potable water supply system will be segregated from any existing and future COMPANY fire protection system. (P) There shall be no resale of the water provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (Q) 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. (R) CITY does not guarantee its water system will provide specific water pressure and/or water volume requirements of COMPANY. (S) COMPANY is responsible for design of adequate and appropriate systems for fire suppression systems to its facilities. 5 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 shall retain ownership and maintenance responsibility for its water meter(s). 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, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of ingress and egress at all reasonable times for the purpose of reading, maintenance, installation, removal and/or relocation of its water meter(s) and for inspection of COMPANY'S water facilities in order 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 thenintegrity of the public water supply is threatened. 6 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 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. 7 ENTERED INTO and effective the ~ day of Fe 6. ,2006 BNIP NEW DECADE VENTURE. L TD A Texas Limited Partnership. Company By: Donald E. Dennis, Jr. Inc.; A Te~:::9:t~n, qartner Name: VotJt\-c,b f. bE,.;~ I $ /JI{. Title: r~ E..s I t> Ef'Jr Address: 3flzl B~'AIU.{f4c h~.) STE. 15'5 /fo (..( S T"b ~ I.)t '7 ri 0 Lf '- By: CITY OF LA PORTE ATTEST: ~ /JuifAlJ. Mj/ Martha A. Gillett City Secretary Atz;~ Knox W. Askins City Attorney r. ~~T:OFLAP~ BY:~~'~ Alton E. Porter Mayor By: Debra Brooks Feazell City Manager City Attorney PO Box 1218 La Porte, TX 77572-1218 City of La Porte 604 West Fairmont Parkway La Porte, TX 77572 Phone: (281) 471-1886 Fax: (281) 471-2047 Phone: (281) 471-5020 Fax: (281) 471-7168 8 This is EXIllBIT 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 8-./ 13 -o~ , III~tial: CITY ~ COMPANY~ 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. I) 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.