HomeMy WebLinkAboutO-2007-2987
1J
REQUEST FOR CITY COUNCIL AGENDA ITEM
Aopropriation
Agenda Date Requested: Mav 21. 2007
Requested By: ~
Department: Plannin2
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: -L
Amount Requested: N/A
Exhibits:
A. Ordinance for Utility Extension Agreement
B. Utility Extension Agreement
C. Area Map
Budgeted Item: _YES ...K.-NO
SUMMARY & RECOMMENDATION
North Bayport Industrial Park II, Ltd. has requested City utility services for its new industrial park in the
Bayport Industrial District. "Bayport North Industrial Park II" has been reviewed and approved by the City's
Planning and Zoning Commission and platted per City guidelines and regulations.
The company desires to enter into a Utility Extension Agreement (UEA) with the City for the extension of
water and sanitary sewer mains to serve the park located at the southeast comer of Underwood Road and
Fairmont Parkway (see Exhibit "C").
The proposed UEA mirrors the previous UEA executed for Bayport North Industrial Park (southwest comer
of Underwood Rd. and Fairmont Parkway). The agreement includes notification to purchasers of property of
the City's policy and requirements to acquire utility service for individual site development (re: Exhibit "B" of
UEA) as well as "Additional Requirements" relating to each company's Storm Water Plan, Land Use
Controls and Fairmont Parkway Access.
Staff recommends approval of the Utility Extension Agreement with North Bayport Industrial Park II, Ltd. as
submitted herein.
Action Required bv Council:
Consider approval of an ordinance authorizing the City Manager to execute into a Utility Extension
Agreement with North Bayport Industrial Park II, Ltd. for utility service to Bayport North Industrial Park II.
Aoproved for City Council A2enda
~~//7
Date
EXHIBIT "A"
Ordinance for V.E.A.
ORDINANCE NO. 2007-:<qOJ
AN ORDINANCE APPROVING AND AUTHORIZING A UTILITY EXTENSION SERVICE
AGREEMENT BETWEEN THE CITY OF LA PORTE AND NORTH BAYPORT INDUSTRIAL
PARK II, LTD., A TEXAS LIMITED PARTNERSHIP, 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.
PASSED AND APPROVED, thisCAl)t-day of /f/~
CITY OF LA PORTE
~y~
, 2007.
By:
Alton E. Porter,
Mayor
ATTEST:
'j)1Ok{IA "11 jl
Mart a ~. Gil et
City Secretary
AP~ttI~
Knox W. AskJ.ns,
City Attorney
2
EXHIBIT "B"
Utility Extension Agreement
UTILITY EXTENSION AGREEMENT
(Owner Funded Extension)
THE STATE OF TEXAS:
COUNTY OF HARRIS:
This agreement, made this 21st day of May, 2007, by and between the City of La
Porte, herein called "City", acting herein through its City Manager and North Bayport
Industrial Park II, Ltd., a Texas Limited Partnership, hereinafter called "Owner".
WITNESSETH
1. All references to "Utility Main(s)" hereunder shall, for the purposes of this
agreement, refer to the extension of public water and sanitary mains and related
appurtenances per plans and specifications being prepared by Un Engineering,
Inc., Project No. LE10637, dated January 2007 (Re: CLP Project No. 2007-
7601 ).
2. Owner is the owner of certain property located in the extra-territorial jurisdiction
of the City of La Porte, Harris County, Texas, identified as approximately
187.6711 acres out of the W.M. Jones Survey, A-482, Harris County, Texas.
Said property is more particularly described on the drawing attached hereto as
Exhibit "A", and incorporated herein by reference. Said 187.6711 acres is to be
platted as Bayport North Industrial Park II and filed for record in the Harris
County Clerk's Office.
3. City hereby agrees to the construction and installation of an extension of its utility
main(s) to said property commencing at the nearest existing utility main(s) of
sufficient size and capacity. Thence along/through public rights-of-way and/or
easements to and through said Owner's property. Provided, however, that
should City not possess all necessary rights-of-way and/or easements to
complete said extension(s), Owner shall be solely responsible for obtaining said
additional rights-of-way and/or easements at no cost to City on City approved
forms. All permits and approvals required by entities with jurisdiction shall be
secured prior to construction.
4. Owner agrees to pay all costs related to the construction and installation of said
utility main(s) including necessary appurtenances in conformance with City's
standards and specifications for said utility main(s) all in accordance with plans
referenced in Section 1 hereof. Owner further agrees to pay all engineering fees
for survey, design, contract documents, bidding, construction staking,
construction inspection, and preparation and submittal of As-Built construction
drawings and to indemnify City and hold City harmless for Owner's failure to pay
same.
5. Subject to the provisions of this agreement, City hereby agrees to the
construction and installation of said utility main(s) according to the plans and
specifications referenced in Section 1 hereof and contract documents to be
prepared by the Owner's engineer and approved by the City. The contract
documents shall include a provision for a one (1) year warranty from defects in
materials and workmanship. The documents will also provide a "Notice" to
Contractor that the City will perform daily construction inspection to insure
compliance with plans and specifications. Owner agrees that City will not be
responsible for issuing or approving payments to the Contractor. It is agreed and
understood that Owner is responsible for paying for any unforeseen costs or cost
overruns in the project that result from circumstances beyond the control of the
City.
6. City shall have the right to approve the Engineer and the Contractor selected by
Owner. Upon completion and approval of plans, specifications, and contract
documents, the City shall authorize the Owner to secure bids from qualified
underground utility contractors.
2
7. Owner agrees that upon completion and acceptance by City, City will assume
ownership and maintenance of the utility main(s) and as such shall have full
control over future extensions and connections thereto.
8. Owner shall notify all Purchasers of property within Bayport North Industrial Park
II that the City makes no representations to said Purchasers as to the availability
of utilities to property that they might purchase within Bayport North Industrial
Park II. Rather, said Purchasers shall be notified of the existence of policies of
the City and the prior necessity of a Water Service Agreement that must be
entered into between said Purchasers and the City, prior to the provision of water
by the City to said Purchasers. Owner agrees that, as part of the closing
documents on any property within Bayport North Industrial Park II, Owner will
provide a notice, in recordable form, that water is available to the property only if
the City of La Porte agrees pursuant to said Water Service Agreement to make
water available to the property and only if City Council approves such Water
Service Agreement with and only if said purchaser enters into a Water Service
Agreement with the City of La Porte. Said notice to Purchasers shall be
substantially in the form attached hereto as Exhibit "B".
9. Company's development is subject to certain additional requirements as
described in Exhibit "C".
3
EXHIBIT "A" - Sheet 1
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IN WITNESS WHEREOF, the Parties to these presents have executed this
agreement in several counterparts, each of which shall be deemed an original, in the
year and day first mentioned above.
ATTEST:
BY:
('fI {/ nf/~;/
(Seal)
BY: ~d/ff//
(City Secretary of La Porte)
(Seal)
BAYPORT NORTH INDUSTRIAL PARK II, Ltd.
(Witness or Secretary of Corporation)
BY:~~
APPROVED AS TO FORM:
City Attorney
6
EXHIBIT B
NOTICE TO PURCHASERS OF REAL PROPERTY
The real property, described below, which is about to be purchased, is located in the
extra~territorial jurisdiction of the City of La Porte. No utilities are available to the
property unless the City of La Porte enters into a water service agreement with you.
The purpose of the agreement is to provide water and sewer services to your property
pursuant to the policies of the City of La Porte and pursuant to the terms of said water
service agreement.
[insert Legal Description of Property]
Date
SIGNATURE OF SELLER(S)
The undersigned purchaser hereby acknowledges receipt of the foregoing notice prior
to closing of the purchase of the real property described in such notice.
DATE
SIGNATURE OF PURCHASER(S)
7
This is Exhibit C, consisting of 1 page,
Referred to in and part of the Utility Extension
Agreement between City and Company
Dated May 21, 2007
City
Compan
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.
1. Stonn 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. Land Use Controls: COMPANY will provide land use controls by way of
Covenants, Conditions and Restrictions as part of the development
documentation. Primary development setback from Fairmont Parkway is 100'
from the south right-of-way line. Northern portion of this development adjacent
to Fairmant Parkway is to be business uses similar to Business Industrial and
Light Industrial uses allowed by CITY's zoning ordinance with limitations on
outside storage. Rail services will be limited to the southern portion of this
development and not extend into the "SI-L1" areas.
3. Fainnont Parkway Access: No tract will have direct access to Fairmant
Parkway. All tracts within this development will have access to Fairmant
Parkway by way of the new internal curb and gutter public streets and the
extension of Underwood Road. Harris County will be responsible for the
maintenance of public streets.
8
EXHIBIT "C"
Area Map
PARKr.RF~T DR
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SPENCER HWY
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