HomeMy WebLinkAboutO-2006-2869
ORDINANCE NO. 2006-~
AN ORDINANCE APPROVING AND AUTHORIZING A SANITARY SEWER SERVICE
AGREEMENT BETWEEN THE CITY OF LA PORTE AND BNIP NEW DECADE
VENTURE, LTD.; MAKING VARIOUS FINDINGS AND PROVISIONS RELAT:ING
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 manager 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.
ORDINANCE NO. 2006- ~~~;
PASSED AND APPROVED, this ~
ATTEST:
~f1 O. A.Jaf
MartHa A. Gillett
City Secretary
APP~Jt! d~
Knox W. Askins
City Attorney
By:
PAGE 2
day of
Fr:b.
, 2006.
~~~
Alton E. Porter
Mayor
I
STATE OF TEXAS S
COUNTY OF HARRIS S
SANITARY SEWER SERVICE AGREEMENT
(for Companies located in Bayport North Industrial Park)
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 hereinafter called "CaMP ANY".
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 CaMP ANY are
parties to a current Industrial District Agreement.
II.
CaMP ANY is desirous of purchasing sanitary sewer service from CITY for usual human
domestic uses. CaMP ANY recognizes that CITY cannot at this time provide permanent and
unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service
to COMPANY. For and in consideration of furnishing sanitary sewer service by CITY, the parties
hereto agree as follows, to-wit:
III.
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 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 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 $5000.00
(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 twenty-two thousand eililit 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.
(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 six hundred ninety
six thousand nine hundred twenty five (696.925) 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.
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(F). The cost of sanitary sewer service for amounts 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.
(G). 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. 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.
(J). 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
4
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.
(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 described 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 facilities
shall be solely at the expense of COMP ANY. 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, 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.
VII.
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 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
5
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.
IX.
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 terminate sanitary sewer service at its
sole discretion.
X.
In the event of any conflict between the terms and provisions of this Sanitary Sewer Service
Agreement and the terms 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.
6
ENTERED INTO effective the ~ day of Fef3
, 2006.
BNIP NEW DECADE VENTURE. L TD
a Texas Limited Partnership.
Company
By: Donald E. Dennis, Jr. Inc.;
A Texas corporation, its General Partner
By: ~ f Oe-I-
Name:
Title:
Address:
~OfJ"{....b E, bEjJpl> I J'~.
PAE. 5 I~ E:.},fr
3"" 7-1 {{ IAp..P .At'? b~ STE. I S S"
HouSVO!-J, TX '7 oLf 2-
,
CITY OF LA PORTE
ATTEST:
L1fl())dJtL t. {;:;~
Martha A. Gillett
City Secretary
l~Y OF LA PO::\2
I \l /..-1.-
, c....::.->. ~
Alton E. Porter
Mayor
By:
By:
~~~~tl~
Knox W. Askins
City Attorney
City Manager
7
This is EXHIBIT A, consisting of I page,
referred to in and part ofthe Water Service
Agreement and/or Sanitary Sewer Service
Agreement between CITY and COMPANY
dated;) 'I~-'Oy ,
Ii' I:
CITY A~
COMPANY]i:t
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 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:
COMP ANY shall submit application to CITY for industrial waste permit.
AREA NAP