HomeMy WebLinkAboutO-2000-2455
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date R~~';:t~r t3; 2000
Requested By: _~ S G'lIett
Department: Public Wotks
Appropriation
Source of Funds: N/A
Account Number: N/A
Report:
Resolution:
Ordinance:
xx
Amount Budgeted: N/A
Exhibits: Ordinance No. 00-
Amount Requested: N/A
Exhibits: WatlOr Service Al!reement Extension
Budgeted Item: YES NO
Exhibits: nri~jnal Water Service Agreement
SUMMARY & RECOMMENDATION
On June 12, 1995, City Council approved a Water Service Agreement with Akzo-Nobel,
Chemicals, Inc., with water service beginning October 27, 1995. The Agreement was for a five-
year period, and was based on a total of 550 on-site employees and contract employees, for a
total average daily demand of27,500 gallons, or an average monthly demand of 838,750.
With the recent purchase of an additional 3.5 million gallons per day of treated surface water at
the Southeast Water Purification Plant, the City is able to continue supplying potable water
outside the city limits. It is recommended that the Water Service Agreement between the City of
La Porte and Akzo-Nobel be renewed, with the expiration date tied to the expiration of the new
Industrial District Agreements, from June 12,2000 to December 31,2007. As with the current
Agreement, it shall automatically expire at such time as there is no effective Industrial District
Agreement.
Action Required bv Council: Consider approval of Ordinance No. 00-_ authorizing the
City to renew a Water Service Agreement with Akzo-Nobel Chemicals, Inc.
Approved for City Council Al!enda
~~ -r. ~~
Robert T. Herrera, City Manager
\t-'l...J0
Date
ORDINANCE NO. 2000- /P{.S-S"
AN ORDINANCE APPROVING AND AUTHORIZING AN EXTENSION OF THE WATER
SEWER AGREEMENT BETWEEN THE CITY OF LA PORTE AND AKZO NOBEL
CHEMICALS INC., FOR A TERM BEGINNING JUNE 12, 2000, AND EXPIRING
DECEMBER 31, 2007; 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 descr ibed 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 Mayor 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, this 13th day of November, 2000.
By:
CITY OF LA PORTE
4:~~.
Mayor
ATTEST:
vfl~ dl/k (j .IU/tI.
Mart a A. Gillett
City Secretary
AP~ 1t!ch
Knox W. Askins,
City Attorney
2
WATER SERVICE AGREEMENT
STATE OF TEXAS {
{
COUNTY OF HARRIS {
This agreement made and entered into by and between the City
of La Porte, a municipal corporation of Harris County, Texas,
herein called "City", and Akzo Nobel Chemicals Inc., a corporation,
hereinafter called "Company".
1.
That certain water service agreement between the parties,
dated June 12, 1995, is hereby renewed and extended by agreement of
the parties, for a term commencing on June 12, 2000, and expiring
on December 31, 2007, upon the terms and provisions of the prior
water service agreement between the parties.
Entered into effective the 12th day of June, 2000.
AKZO NOBEL CHEMICALS INC.
By: ;2 /~g,_______
Narte ~*';~ ;.,;;~~~~
Pasadena site Manager
13000 Bay Park Road
Pasadena, TX 77507
BY:~~:/p--
orman L. Malone
Mayor
ATTEST:
vfJ1 a1;/J~ !l !tiLJ-
Martha A. Gil!ett
City Secretary
~~~
Knox W. Askins
City Attorney
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
Akzo Nobe 1
Chern; ca 1 sIne. . a corporation, hereinafter called "COMPANY".
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. CITY and COMPANY
have entered into a ''Utility Extension A(ITeement" of even date herewith. which provides
for the extension of CITY'S potable water to COMPANY'S propertY.
II.
COMPANY is desirous of purchasing potable water from CITY for usual human
domestic consumption and uses, and not for use for industrial processes of any kind.
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 nn limited water service
as requested. 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:
ill.
CO:MP ANY has made the following representations to CITY as to its number of
employees, as of ~e .~ate of this agreement, upon which representations CITY has relied
in entering into this Agreement.
Number of Employees on-site 3?5
Number of Contract Employees 225
Total on-site 550
IV.
CITY has determined that adequate facilities are available to CITY to furnish
potable water to CO:MP ANY based on the following terms and conditions, to~wit:
(A) Payment to CITY of a one time anminil::trative connection charge of $15.000.
(B) The average daily demand is established at 27.500 (_) gallons per
day. This number is based on an average of fifty (50) gallons per employee
per day established by CITY.
(C) The average monthly demand of 838.750 () gallons is established by
multiplying the average daily demand by a factor of 30.5, which shall be used
. to facilitate service billings.
(D) The cost of water up to the average monthly demand of 838.750 (-->
gallons shall be one hundred fifty.percent (150%) of the CITY'S current rate
as establisbed from time to time for commercial customers inside its corporate
limits.
(E) 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 current
rate as established from time to time for commercial customers inside its
corporate limits.
(F) Nothing contained in this Ae,oreement shall obligate CITY to furnish more
than the average monthly demand of 838,750 C-) gallons. Repeated
consumptions greater than the established average monthly demand may
result in teimination of service.
(G) 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.
(H) CITY reserves the right to enforce its drought contingency plan on all water
customers at CITY'S sole discretion.
(I) The total cost for the engineering design and construction of the potable
water main will be the responsibility of COMPANY.
(J) 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.
(K) 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.
(L) A reduced pressure zone backflow preventer shall be installed and maintained
by COMPANY to protect CITY from any possible cross-connections.
(M) The potable water supply system will be segregated from any existing and
future COMPANY fire protection system.
(N) There shall be no resale of !he water provided by CITY, nor any extension of
service lines by COMPANY to serve other parties.
~
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 have final authority over size, location, materials, and other engineering
matters concerning the extension of water mains to COMPANY'S property. These matters
are the subject of a Utility Extension Agreement between the parties, of even date herewith.
CITY will have ownership and maintenance responsibility for its water mains, up to
COMPANY'S water meter. In the event the 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 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.
VIIT.
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 ~y defects.
Failure to correct defects within ten (10) days may result in termination of Agreement.
CITY shall have the right ~o summarily correct, at COMPANY's expense, any defect or
deficiency, when in its opinion the integrity pf 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. H 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 a Utilitv Extension A2reement of even date herewith. and the terms and
provisions of the Industrial District Agreement between the parties, the terms and provisions
of the Water Service Agreement and the Utilitv Extension Aereement shall control, to the
extent of such conflict. The term of this Agreement shall be for five years plus any renewals
and extensions thereof. 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
12
day of June
. 1995.
Akzo Nobel Chemicals Inc.
Company
By: fJuJhA~~
Name: Paul A. Gri ssom
Title: Pasadena Site Manager
Address: 13000 Bay Park Rd
Pasadena. TX 77507
~: (L~
~ L~~~ru } i;; By.
CITY OF LA PORTE
!t~~~4
Norman . alone
Mayor
AP~VED~~
.
Knox W. Askins
City Attorney
'City of La Porte
PO Box 1218
La Porte, TX 77572-1218
Phone: (713) 471-1886
Fax: (713) 471-2047
By: <3.~ -r. ~
Robert T. Herrera
City Manager
City of La Porte
PO Box 1115
La Porte, TX 77572-1115
Phone: (713) 471-5020
Fax: (713) 471-7168