HomeMy WebLinkAboutO-2007-3004
ORDINANCE NO. 2007-Joo1
AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT
AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE
AND VANTAGE DEVELOPMENT #39, LLC, 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 afteI
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 23rd day of April, 2007.
CITY OF LA PORTE
~~y~
By:
Alton E. Porter,
Mayor
ATTEST:
~1bfJJI '
M r a A. Gillett
City Secretary
APPROVED: d
O;e-dUl ~
Knox W. Askins,
City Attorney
2
EXHIBIT "D" to AGENDA REQUEST FORM
Water Service Agreement
I
STATE OF TEXAS S
COUNTY OF HARRIS S
WATER SERVICE AGREEMENT
(for Companies located in Bayport North Industrial Park II)
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 VANTAGE
DEVELOPMENT #39, LLC, 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. 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 of furnishing domestic potable
water 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 potable water for limited industrial processes, as of the date of this
agreement, upon which representations CITY has relied in entering into this Agreement.
2
Upon review of these representations, the City has determined the following:
Number of Company Employees on site
160
Number of Contract Employees on site
40
Total on-site Employees
200
Potable Water Approved for Domestic Use
(Total on-site Employees times 50 gpd per employee)
10,000
*Potable Water Approved for Industrial Processes (gpd)
300
Total Amount of Potable Water Approved for
Company (Average Daily Demand, gpd)
10,300
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 $ 15,000.
(B) Potable water used for Industrial Processes shall be limited to the following:
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.
(D) Where applicable, COMPANY shall also pay to CITY $ N/ 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 TEN
THOUSAND THREE HUNDRED (10,300) 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.
3
(F) The average monthly demand of THREE HUNDRED FOURTEEN THOUSAND ONE
HUNDRED FIFTY (314,150) 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 THREE HUNDRED FOURTEEN
THOUSAND ONE HUNDRED FIFTY (314,1 50) 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.
(H) 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 THREE HUNDRED FOURTEEN THOUSAND ONE HUNDRED FIFTY
(314,150). Repeated consumption greater than the established average monthly demand may
result in termination of service.
(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.
(K) 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.
(M) 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.
4
(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.
(O)A reduced pressure zone backflow 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 up to and including CITY'S water meter. In the event a State or Harris County license, permit,
5
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 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.
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 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 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.
6
ENTERED INTO effective the {)5#- day of -rIA n(
CITY OF LA PORTE
ATTEST:
APa;Jw ~
Knox W. Askins
City Attorney
City Attorney
PO Box 1218
La Porte, TX 77572-1218
Phone: (281) 471-1886
Fax: (281) 471-2047
,2007.
V ANT AGE DEVELOPMENT #39. LLC,
Company
By:
am .
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Address~aw. ~1~l~J::O
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.
By:
rCITY OF LA PORTE
'~LY~
\
Alton E. Porter
Mayor
By:
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
Phone: (281) 471-5020
Fax: (281) 471-7168
7
This is EXHIBIT A, consisting of 1 page,
referred to in and part of the Water Service
Agreement and/or Sanitary Sewer Service
Agreement between CITY and COMPANY
dated
Initial:
CI~~f-
COMPA~
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) 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.
EXHIBIT "E" to AGENDA REQUEST FORM
Sanitary Sewer Service Agreement
1
ST ATE OF TEXAS S
COUNTY OF HARRIS S
SANIT ARY SEWER SERVICE AGREEMENT
(for Companies located in Bayport North Industrial Park II)
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 VANTAGE
DEVELOPMENT #39, LLC, hereinafter called "CaMP ANY".
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 sanitary sewer service from CITY for usual human
domestic uses. COMP 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.
2
Upon review of these representations, the City has determined the following.
Number of Employees on-site
160
Number of Contract Employees
40
Total on-site Employees
200
Sanitary Sewer Desired for Domestic Use
(Total on-site times 50 gpd per employee)
10,000
Sanitary Sewer Approved for Industrial Processes (gpd)
o
Total Amount of Sanitary Sewer Approved
by Company (Average Daily Demand, gpd)
10,000
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 $ 15,000 .
(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 TEN THOUSAND (10,000) 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 TWO HUNDRED
FIFTY-NINE THOUSAND TWO HUNDRED FIFTY (259,250) 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.
(F). The cost of sanitary sewer service for amounts in excess of the established average monthly
3
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 TWO HUNDRED FIFTY-NINE THOUSAND TWO HUNDRED FIFTY
(259,250) 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
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.
4
(N). There shall be no resale ofthe 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 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, 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
CaMP ANY'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 CaMP ANY 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
5
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.
ENTERED INTO effective the ~ day of (JU nf /'
,2007.
By:
V ANT AGE DEVELOPMENT #39. LLC
Company
ff~~
Address: ~()W ~OJNl ~ ~~IFC/aJ
(+-~ I J)Ci7ol((
By:
CITY OF LA PO~
Q;~hl\~
Alton E. Porter .
Mayor
Martha A. Gillett
City Secretary
APtZ;:w~
Knox W. Askins
City Attorney
By:
6
This is EXHIBIT A, consisting of 1 page,
referred to in and part of the Water Servict:
Agreement and/or Sanitary Sewer Servict:
Agreement between CITY and COMPANY
dated
Initial:
ADDITIONAL REQUIREMENTS
CITY
COMPANY~
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.
EXHIBIT "F" to AGENDA REQUEST FORM
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