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HomeMy WebLinkAboutO-2009-3122 WSA with Port of Houston, City of Pasadena for temporary water service to the Port of Houston for landscaping irrigation ORDINANCE NO. 2009--31 ~ J. AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE, THE PORT OF HOUSTON AUTHORITY, AND THE CITY OF PASADENA TO PROVIDE TEMPORARY WATER SERVICE TO PROPERTY OWNED BY THE PORT OF HOUSTON AUTHORITY AND LOCATED WITHIN THE CITY OF PASADENA, FOR LANDSCAPING IRRIGATION; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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 substantially the foml 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. All ordinances or parts of ordinances inconsistent with the temlS of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and goveming the subject matter covered by this ordinance. Section 3. If any section, sentence. phrase. clause, or any part of any section, sentence, phrase or clause of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of the ordinance, and it is hereby declared to the intention of this City Council to have passed each section, sentence, phrase, or clause. or part thereof, may be declared invalid. Section 4. The City Council officially find. determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is 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 Chapter 551, Texas Govenunent 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 confinns such Wl'itten notice and the contents and posting thereof. Section 5. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this /c2% day of ~n~ .2009. CITY OF LA PORTE By ~}>~ Mayor ATTEST: ~ M-tJft 0I-~~) '-/ City Secretary () - APPROVED: #' /! I // /., // __ .,..4,/ /,' / ~4' ----, -'r" /~,/ /' ~<<'/ // ;' //<,~ . /. Iw~vl - - City Attorney Page 1 of 1 Garrison, Bonnie From: Harris, Sharon Sent: Thursday, June 11, 2009 10:38 AM To: Garrison, Bonnie Subject: FW: Port of Houston (PHA) irrigation improvements within Pasadena from LaPorte water line Bonnie scan/file the below as soon as possible. Thanks, SH From: Lee, Peggy Sent: Thursday, June 11, 2009 10:33 AM To: Harris, Sharon Subject: FW: Port of Houston (PHA) irrigation improvements within Pasadena from LaPorte water line Please file this memo in the vault with Ord. 3122 {Port of Houston Landscaping Agreement} Peggy Lee, Office Coordinator City of La Porte Planning Department 604 W. Fairmont Parkway, La Porte, TX 77571 Phone: 281-470-5057, Fax: 281-470-5005 leep@laportetx.gov From: Tietjens, Tim Sent: Wednesday, June 10, 2009 5:44 PM To: 'sbenavides@ci.pasadena.tx.us' Cc: Lee, Peggy Subject: Port of Houston (PHA) irrigation improvements within Pasadena from LaPorte water line Sarah, Thanks for calling this morning. Per our discussion regarding the above subject, the City of LaPorte has authorized PHA to connect their irrigation system within Pasadena jurisdiction, to a waterline connection within our jurisdiction at the PHA request. Our intent to allow Pasadena to be a part of our water supply review process was verbally acknowledged but unwritten. We accept that response, and likewise offer no objection to your permitting the PHA irrigation system via your standard permit process as required. If I can be of assistance please advise. I consider this matter closed. Tim Tietjens 6/11/2009 1 STATE OF TEXAS ~ ~ ~ofJ 1-o1V I COUNTY OF HARRIS INTERLOCAL WATER SERVICE AGREEMENT This agreement witnesseth that the Port of Houston Authority, a political subdivision of the State of Texas ("PORT OF HOUSTON") and the City of La Porte ("LA PORTE" herein), a Texas municipal corporation, each being situated in Harris County, Texas, have constructed and agreed by and between them, pursuant to the authority granted under the Interlocal Cooperation Act (Chapter 791 of the Texas Government Code) and in consideration of the mutual benefits, covenants and benefits to said parties, as follows (A) LA PORTE agrees to furnish potable water from its existing municipal water distribution system to property owned by PORT OF HOUSTON and situated immediately south of LA PORTE'S corporate limits and in the area along the northern portion of the Bayport Turning Basin, for the purpose of landscaping irrigation, said property being a portion of a larger tract identified as Tracts 1 & 4, Bayport Section 2, UIR (HCAD Account No. 100-574-000-0070), and which property is further illustrated on Exhibit "A" of this agreement, attached hereto and incorporated herein by reference. (B) PORT OF HOUSTON shall pay to LA PORTE a one-time administrative connection charge of $5000.00. (C) PORT OF HOUSTON shall file an application for water service with LA PORTE'S Utility Billing Division and pay appropriate deposit and waterc'meter charge. LA PORTE shall be responsible for furnishing and installing meter at PORT OF HOUSTON'S expense. PORT OF HOUSTON shall be responsible for installing appropriate meter box to be approved by LA PORTE. (D) The total amount of potable water approved for average daily demand is established at Five Thousand One Hundred (5,100) gallons per day. "" ..... 2 (E) The average monthly demand of One Hundred Fifty Five Thousand Five Hundred Fifty (155,550) 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 One Hundred Fifty Five Thousand Five Hundred Fifty (155,550) gallons per month shall be one hundred fifty percent (150%) of LA PORTE'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 LA PORTE'S rate as established from time to time for commercial customers inside its corporate limits. (H) Nothing contained in this Agreement shall obligate LA PORTE to furnish more than the average monthly demand of One Hundred Fifty Five Thousand Five Hundred Fifty (155,550) gallons. Repeated consumption greater than the established average daily demand may result in termination of service. (I) LA PORTE shall have the right to interrupt or temporarily suspend said water service to PORT OF HOUSTON if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (J) LA PORTE reserves the right to enforce its drought contingency plan on all water customers at LA PORTE'S sole discretion. (K) The total cost for any engineering design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of PORT OF HOUSTON. (L) PORT OF HOUSTON agrees that it shall be bound by all applicable ordinances of LA PORTE relative to the furnishing of potable water to customers within the corporate limits of LA PORTE. 3 (M) All plumbing installed by PORT OF HOUSTON connected to the domestic water line from LA PORTE, shall meet all applicable State of Texas and LA PORTE plumbing code requirements. LA PORTE'S engineering and code enforcement personnel shall have the right of prior review and approval of PORT OF HOUSTON'S plans and specifications for the plumbing system(s). LA PORTE plumbing inspectors shall have the right to inspect any and all work related to the furnishing of potable water to PORT OF HOUSTON. (N) A reduced pressure zone backflow preventer shall be installed and maintained by PORT OF HOUSTON to protect LA PORTE from any possible cross-connections. (0) The potable water supply system will be segregated from any existing and future PORT OF HOUSTON fire protection system. (P) There shall be no resale of the water provided by LA PORTE, nor any extension of service lines by PORT OF HOUSTON to serve other parties. (Q) PORT OF HOUSTON shall submit construction plans to City Engineer of LA PORTE showing the total acreage of the tract including present and proposed improvements and a suitable location map ofthe site for LA PORTE'S review and approval. (R)LA PORTE does not guarantee its water system will provide specific water pressure and/or water volume requirements of PORT OF HOUSTON. V. All expenses associated with installation of the meter; service lines from the main to the meter; and service lines from the meter to PORT OF HOUSTON'S facilities, shall be solely at the expense of PORT OF HOUSTON. The service lines are defined as water lines from the City of La Porte's water mains located on South Broadway (Old State Hwy. 146), Bay Colony Drive, and Tarpon 4 Lane, to the meter, and from the meter to the PORT OF HOUSTON'S property. LA PORTE shall own the meter, and the service lines from LA PORTE'S water mains to the meter. PORT OF HOUSTON shall own and maintain all service lines and plumbing facilities beyond the meter during the term of this agreement, at its sole expense. Furthermore, LA PORTE shall not be responsible for any repairs, or for reimbursement to PORT OF HOUSTON for the cost for repairs, to any portion of the service lines providing water to the subject property, including repairs to those portions of the service lines from LA PORTE'S water mains to the meter. VI. LA PORTE 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, LA PORTE will not be responsible for the expense of such relocation, adjustment, or replacement. Vil. LA PORTE 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 PORT OF HOUSTON'S water facilities in order to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, LA PORTE shall notify PORT OF HOUSTON in advance. LA PORTE also agrees to follow established health and safety policies in effect at PORT OF HOUSTON'S facility. VIII. LA PORTE reserves the right to terminate this agreement in the event of violation of the tenns and provisions hereof by PORT OF HOUSTON. LA PORTE will provide PORT OF HOUSTON with written notice of any defects and PORT OF HOUSTON shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. LA PORTE shall have the right to summarily correct, at PORT OF HOUSTON'S expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. 5 IX. The term ofthis Agreement shall be for three (3) years, beginning on February 1, 2009, and ending on January 31, 2012, unless either PORT OF HOUSTON or LA PORTE shall notify the other party in writing at least thirty (30) days before the end of the three (3) year period of its intent to terminate the agreement. Within thirty (30) days after the end of the above-referenced water service term, the PORT OF HOUSTON shall coordinate with LA PORTE for removal of all water meters and capping of all service lines to the subject property. The Port of Houston Authority and the City of La Porte shall execute this agreement to signify acceptance of all the terms, conditions and liabilities herein prescribed. AGREED TO AND ACCEPTED BY: ~~ ~y: H. Thomas Kornegay ~\~I 01 Executive Director - flC-71~ tp Port of Houston Authority By: Ron Bottoms City Manager of La Porte ~ :~\. ".',.Z . :J:l <<~ , . ~ ,. co Z'::J " ~ 0.....0. ....'. . . ,';cn'f- ';::J:I: 0"0 'J:<' ,:~:. 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