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HomeMy WebLinkAbout12 INCH EXTENSION S H 225-SERVE UNITED RENTALS_2000-7601__ kz_ _.._ _. -, __ _ _ __ _ A i _ e H. CARLOS SMITH ENGINEERS AND SURVEYORS, INC. 423 N. HWY. 146 P.O. BOX 529 LA PORTE, TEXAS 77572.0529 (281)471-4226 TRANSMITTAL TO: CITY OF LA PORTE DATE: SEPT. 18, 2000 P. 0, BOX 1115 JOB: 3349-2000 LA PORTE, TEXAS 77572 RE: UNITED RENTALS - WATER LINE ATTENTION: BRIAN We are sending you: (X) Attached ( ) Under Separate Cover Via The following (X)INFORMATION (X)MYLAR SEPIA ( )AUTOCAD DISC (X)TEXDOT PERMIT ( )VELLUM ORIGINAL ( )WORKING DRAWINGS ( )SUBMITTALS APPROVED ( )PRINTS ( )SPECIFICATIONS ( )CHANGE ORDER ( )SEPIA ( )METES AND BOUNDS SHEET NO. NO. OF COPIES DATED DESCRIPTION 4 1 SEPT.2000 WATER LINE (X)AS REQUESTED ( )FOR REVIEW & COMMENT ( )APPROVED (X)FOR YOUR USE ( )SIGNED ( )FOR APPROVAL (X)FOR YOUR INFORMATION ( )FOR PAYMENT COMMENTS: ENCLOSED IS ORIGINAL OF THE TEXDOT PERMIT FOR THE UNITED RENTALS WATER LINE EXTENSION ON HWY. 225, AND MYLAR SEPIAS OF THE PLANS FOR YOUR FILES. WE WOULD REQUEST A PRE -CONSTRUCTION CONFERENCE ON THURSDAY, SEPT. 21, AT 2:00 PM. AT CITY HALL. PLEASE ADVISE IF THIS TIME AND DATE ARE NOT ACCEPTABLE H. Carlos Smith, P.E., R.P.L.S. PRESIDENT H. CARLOS SMITH ENGINEERS AND SURVEYORS, INC. 423 N. HWY. 146 P.O. BOX 529 LA PORTE, TEXAS 77572-0529 (281)471-4226 September 8, 2000 City of La Porte P.O. Box 1115 La Porte, Texas 77572-1115 Attn: Mr. Doug Kneupper City Engineer Re: Water Line Extension, Hwy. 225 United Rentals Dear Mr. Kneupper: RECEIVED -00 PLANNING On August 17, we forwarded to you for review and approval, three sets of plans for the extension of a 12" water line along Hwy. 225 to serve the United Rentals site. To date we have received no reply from you in regards to this project. It is our opinion that three weeks is ample time to review a simple set of water line extension plans, of approximately 1300 feet of water line.. We would appreciate a reply by return mail Very truly yours, H—. Carlos EnginSurveyors, Inc. �Z4 H. Carlos Smith, P.E., R.P.L.S. President cc: United Rentals Mr. Robert Herrera, City Manager FROM : J,K,W Backhoe PHONE NO. Aug. 23 200009:01Rh1 P1 Proposal FROM JOHNNY WEHBA BACKHOE SERVICE 9915 N. P. STREET LA PORTE, TEXAS 77571 281-471-6051 FAX 281-471.4969 Proposal No. Sheet No. Date f+i-1,00 Proposal Submitted To Work To be Pet fie, a At Name Strad Sheet cly n Date of Plans Architect State City State Takpharo number_ We hereby propoa to furnish all the materials and perform all the labor necessary for the completion of All motariol 4 guaranteed to be as specified, and the above work to be performed and specifications submitted for above work and completed in a. substantial walonon with payments to be Apdo as 66ws: 1�riL�or in accordonnce with the drawings . ike �if far � ; of llm _Lm- Any alteration or deviation from above specihcotiorn involving extra costs, will be executed a* upon written orders- .and will become an extra charge over and above the estimate. AA agreements contingent upon strikes, aeddents or delays boyaid our control. Owner to carry fire, tornado and Other neoes3cry insurance upon above Work. Workftwns compernotion',ond Kblrc l;obAy insurance an obove work to be sateen out by Respectfully submitted Per Nola — This proposal may be willsdrown by us if not acccpic within 90 days ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. specified. Payment will be made as outlined above, You are oudsodred to do the work as . i I Accepted -. Signature Date Signotvre i FROM : J,K,W Baekhoe PHONE NO. Aug. 23 2000 09:01RM PI FROM JOHNNY WEHBA BACKHOE SERVICE Proposal TData 9915 N. P. STREET LAPORTE, TEXAS 77571 281-471-6051 FAX 281-471.4969 llo. . �J�� d Proposal SubsaiNed To Work To be Performed At Norre C Sheet City"Avre AWE Shod City Skde Dole of Plans Architect State Telephone number_ We hereby propose to furnish nll the materials and perform a de labor necessary for the completion of . .fit i,..E Fi�rE..fis,✓ i.., All material is guaranteed to be as specified, and the above work to be performed in accordance w0h the drawings for the was of and specifications submitted for above work and compfeeed in a . substantial workmcm4ke Dollars with payments to be a as lollows: yy �40• /'Lid! te"�L/.s/ Go,0�LE`Tjr.✓ Any olteralion or deviation from above speifmlass involving extra cosh, will be euecutsd only upon written orders, .oncl will become an extra charge over and above the estimate. AR agreements contingent upon strikes, accident or dolor bayed our control. Owner to carry fire, tornado and other necessary insurance upon above work. Workmen's Compensotiom.and Public 6abitiy Insurance on above work to be taken out by Respectfully submitted Per No* — This proposal may be withdmo by us it no mccpbd `•':thin le dogs ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions am sotisfaetary and are Imroby occeF' You are authorized to do 9e work as . specilwd. Payment w;U 6 mode as outlined above. i I Accepted . Signature_ pets Signature I I -r.-. LVVV YI. I LV1 III I I I V ANGEL bKU'016KS ...t1917 P.002/002 Angel 0 CUM e Enbwprfses, tn0- 5210 West Road P.O. Box 570 BaYbmn. TOM 77522-0670 281.421M1 281.4715M Fax 201 A21.2W ww .aryebrc t»rs.coa Engineers & Surveyors, Inc. P.O.529 LaPorte, Texas 77521 Attn: H. Carlos Smith Subject: August 22, 2000 Proposal for State Highway 225 Water fine Extension from Exel Warehouse to United Rentals We offer a lump sum price of $49,600.00 for construction of the above mentioned project per provided plan sheets i - 4. All work is to be in accordance with City of LaPorte specifications. Qualifications: State highway permit will not be provided by Angel Brothers, All permits to be provided by others. Re: Note #4 Sincerely, 1 _ -_ Kevin Guy Estimator r,* ......— -vV 11.11 L.l YG, "IV AvIeL exvrnens #1817 P.002/002 Angel Brothm Enterprfmw, Inc. 5210 west Road P.O. Box 570 Baytown, Tema 7752211670 261 A21.5721 2B,A71.6M Fax 281 A21 n" www.arvebuftre.own Engineers & Surveyors, Inc. P.O.529 LaPorte, Texas 77521 Attn: H. Carlos Smith Subject: August 22, 2000 Proposal for State Highway 225 Water line Extension from Exel Warehouse to United Rentals We offer a lump sum price of $49,600.00 for construction of the above mentioned project per provided plan sheets I - 4. All work is to be in accordance with City of LaPorte specifications. Qualifications: State highway permit will not be provided by Angel Brothers, All permits to be provided by others. Re: Note #4 Sincerely, Kevin Guy Estimator / H U G- 2 2- 0 0 0 2: 2 1 P M R.L. UTILITIES, INC. P.O. BOX 7154 LA PORTE, TEXAS 71312-1154 (281) 479-6567 FAX (281) 476-9996 AUGUST 22, 2000 CARLOS SMITH ENGINEERS 423 N. HWY. 146 LA PORTE, TEXAS 11311 ATTENTION: CARLOS RE: STATE HIGHWAY 225 WATER LINE EXTENSION EXEL WAREHOUSE TO UNITED RENTALS DEAR SIR: R.L. UTILITIES, INC. PROPOSES TO FURNISH LABOR, MATERIALS, AND EQUIPMENT TO INSTALL THE FOLLOWING: APPROXIMATELY 1120 FEET OF 12" C-900 WATER LINE ON HWY. 225 FROM EXEL TO UNITED RENTALS WITH TWO (2) FIRE HYDRANTS AND ONE (1) 12" TA➢PING SLEEVE AND VALVE LUMP SUM AMOUNT: FORTY-THREE THOUSAND ONE HUNDRED DOLLARS AND NO CENTS ($43,100.00) THANK YOU FOR THE OPPORTUNITY TO SUBMIT THIS PROPOSAL. RESPECTFULLY YOURS, RUSSELL LUNDEMO HUG-22-00 02:21 PM R.L. UTILITIES, INC. D.O. BOX 1154 LA PORTE, TEXAS (281) 479-6567 FAX (281) 476-9996 AUGUST 22, 2000 CARLOS SMITH ENGINEERS 423 N. HWY. 146 LA PORTE, TEXAS 71311 ATTENTION: CARLOS RE: STATE HIGHWAY 225 WATER LINE EXTENSION EXEL WAREHOUSE TO UNITED RENTALS DEAR SIR: 71312-1154 R.L. UTILITIES, INC. PROPOSES TO FURNISH LABOR, MATERIALS, AND EQUIPMENT TO INSTALL THE FOLLOWING: APPROXIMATELY 1120 FEET OF 12" C-900 WATER LINE ON HWY. 225 FROM EXEL TO UNITED RENTALS WITH TWO (2) FIRE HYDRANTS AND ONE (1) 12" TAPPING SLEEVE AND VALVE LUMP SUM AMOUNT: FORTY-THREE THOUSAND ONE HUNDRED DOLLARS AND NO CENTS ($43,100.00) THANK YOU FOR THE OPPORTUNITY TO SUBMIT THIS PROPOSAL. RESPECTFULLY YOURS, RUSSELL LUNDEMO P. 02 A&BHV H. CARLOS SMITH FINECE E I .• iii 77572-0529 TRANSMI TO: City of La Porte DATE: Auaust 17,2000 P. 0. Box 1115 JOB: No. 3349-00-United Rentals La Porte, Texas 77572 RE: WATER LINE EXTENSION - HWY. 225 ATTENTION: Mr. DOUG KNEUPPER, CITY ENGINEER We are sending you: (X) Attached ( ) Under Separate Cover Via The following (X)INFORMATION ( )MYLAR ( )AUTOCAD DISC ( )SERVICE AGREEMENT ( )VELLUM ORIGINAL ( )WORKING DRAWINGS ( )SUBDIVISION PLAT (X)PRINTS ( )SPECIFICATIONS ( )CHANGE ORDER ( )SEPIA ( )METES AND BOUNDS SHEET NO. NO. OF COPIES DATED DESCRIPTION 4 3 ea. Aua. 2000 Prints ( )AS REQUESTED (X)FOR REVIEW & COMMENT ( )APPROVED (X)FOR YOUR USE ( )REVISED ( )FOR APPROVAL (X)FOR YOUR INFORMATION ( )FOR PAYMENT ( )FOR SIGNATURE COMMENTS: Forwarded herewith are 3 sets of the Plans for the water line extension alona Hwy. 225 to United Rentals. Please review these Plans at your earliest convenience, as they have to be submitted to TEXDOT and Harris County for approval, upon your W110 Very truly yours, H. Carlos it - Enginee s & Surveyors, Inc. H. Carlos Smith, P.E., R.P.L.S. President cc: United Rentals United United Rentals, Inc. 2904 North 2310 Street LaPorte, Texas 77571 PH; 281470-8&58 FAX: 281470-8862 JUNE 8, 2000 CITY OF LA PORTE RECEIVED 604 W. FAIRMONT PARKWAY LA PORTE, TX 77571 ATTEN: DOUG KNEUPPER: PLANNING PER YOUR REQUEST HERE IS THE INFORMATION THAT YOU REQUESTED. ,,1 AVERAGE DAY DEMAND FOR POTABLE WATER IS 4,300 GPD. 2. PEAK DAY DEMAND FOR POTABLE WATER IS 4500 GPD. 3. MINIMUM WORKING PRESSURE REQUIREMENTS IS 40 PSI. 4. PROCESSES WATER WILL BE USED IN CLEANING OF EQUIPMENT FOR RERENTAL PURPOSES. 5. AVERAGE DAY DEMAND FOR SANITARY SEWER N/A. 6. PEAK DAY DEMAND FOR SANITARY SEWER N/A. 7. PROCESSES CONTRIBUTING TO SANITARY SEWER N/A. V . NUMBER OF EMPLOYEES IS 50 AND CONTRACT EMPLOYESS IS O. IF YOU NEED ANY ADDITIONAL INFORMATION PLEASE FEEL FREE TO CALL ME AT 281-470-8858. GARY MANAGER City of La Porte Established 1892 September 11, 2000 H. Carlos Smith H. Carlos Smith Engineers & Surveyors, Inc. 423 Hwy. 146 North La Porte, TX 77571 Re: Notice to Proceed (CLP Project No. 2000-7601) 12" Water Line Extension to United Rentals — 8221 S.H. 225 Dear Mr. Smith: The City of La Porte has reviewed and approved your plans for the extension of a 12" water line to serve United Rentals at 8221 S.H. 225. You are hereby authorized to proceed with construction. Please contact Reagan McPhail, Public Improvements Coordinator, at (281) 842-7046, prior to commencement. Sincerely, Doug Kneupper, P.E. Planning Director C: Gary Ross File # 2000-7601 P.O. Box 1115 • La Pone; Texas 77572-1115 • (281) 471-5020 City of La Porte INTER -OFFICE August 25, 2000 MEMORANDUM TO: Doug Kneupper, Planning Director FROM: Brian Sterling, Engineering Technician RE: Summary Comments from United Rentals Plan Review (CLP Project No.: 2000-7601) The following is a list of items from our review of the United Rentals' 12" waterline extension: Curtis Herrod/Public Works: • Plan should show the location and size of all water service connections. Potable and Irrigation. • All water service connections shall be installed by the contractor. • The City will install the water meter and box. • Will the water line be in the road right-of-way or utility easement? • @ Sta. 0+00 (12" Tee) Why would a Tee be necessary? Should this be 90 degree bend? (Carlos Smith stated to me that it could be either one. He should the tee because he felt its what the City would want.) • @ Sta. 9+50 show the 12" waterline going straight along the west bound frontage road terminating at Sta. 10+70. Note: Plan does not depict actual field details with regard to Strang Rd. (I have contacted Carlos Smith to advise him of the preferred alignment along the frontage road in lieu of directing the line along Strang Rd He agreed to facilitate the change) Carlos Martinez/Engineering: • Reviewed — had no comments Renzan McPhail/Eneineerina: • 12" TS&V @ Sta. 0+00 to be Stainless Steel Should you require any additional information, please contact me at ext. 239. CITY OF LA PORTE INTER -DEPARTMENTAL MEMORANDUM August 21, 2000 TO: BRIAN STERLING, ENGINEERING TECH FROM: CURTIS HERROD, UTILITY SUPERINTENDENT SUBJECT: 12" WATER LINE EXT. — UNITED RENTALS GENERAL COMMENTS I . Plan shoWd show the location and size of all water service connections. Potable and Irrigation. 2. All water service connections shall be installed by the contractor 3. The city will install the water meter and box. 4. Will the water line be in the road right-of—way or utility easement ? Sheet 1 of 4 Q STA. 0+00 ( 12" Tee ) Why would a Tee be necessary ? Should this be 90 degree bend ? Sheet 3 of 4 Q STA. 9+50 show the 12" water line going straight along the west bound frontage road terminating at STA.I0+70. NOTE : plan does not depict actual field details with regard to Strang Rd. City of La Porte INTER -OFFICE MEMORAND UM August 17, 2000 TO: Carlos Martinez, Reagan McPhail & Curtis Herrod FROM: Brian Sterling, Engineering Technician RE: Plan Review for United Rentals 12" Waterline Extension (CLP Project No. 2000-7601) Attached are plans for the proposed 12" waterline extension to serve United Rentals in the Battleground Industrial District. Please review and return with comments at your earliest possible convenience. Sent: Tuesday, July 25, 2000 10:15 AM To: Martha Gillett (E-mail) Cc: Peggy Lee (E-mail); Brian Sterling (E-mail) Subject: Agreements with United Rentals Please assist us in tracking these documents. After execution by either RTH or Mayor, we need executed copies for our records and for the customer, United Rentals. We will forward the documents to United Rentals if that Is okay. Thanks -OK City of La Porte INTER -OFFICE July 14, 2000 MEMORANDUM TO: Knox Askins, City Attorney FROM: Brian Sterling, Engineering Technician RE: United Rentals IDA, WSA & UEA Documents for Approval I am forwarding United Rentals Industrial District Agreement, Water Service Agreement and Utility Extension Agreement for your review and approval. If you require any additional information, please feel free to contact me at extension 239. Enclosures (3) C: D g jKneupper (w/out Enclosures) ile No. 2000-7601 From: Doug Kneupper [kneupperd@ci.la-porte.tx.us] Sent: Thursday, July 13, 2000 4:32 PM To: Brian Sterling (E-mail) Subject: United rentals Jeanette called Thursday afternoon. She says they have changed plans slightly, only 35 employees anticipated on -site. Please adjust WSA to reflect 35 employees, then call Jeanette, she will come pick up. Thanks-DK L ` -� Cityof La forte A� M Established 1892 :W TEXAS July 12, 2000 Mr. Gary Ross Manager, United Rentals 2904 North 23rd Street La Porte, Texas 77571 Re: United Rentals Water Service Agreement & Utility Extension Agreement (CLP Project No. 2000-7601) Dear Mr. Ross Enclosed are final Water Service Agreement (WSA) and Utility Extension Agreement (UEA) documents for your signature. Please execute your portion of these agreements by providing signatures as required on each document. A cashier's check in the amount of $8,600 is required for WSA administrative fees. Upon receipt, the City will execute its portion of these agreements and provide copies of each to you. If you have any questions, please contact Brian Sterling of the Engineering Division at (281) 471-5020, ext. 239. Sincerely, Doug Kneupper, P.E. Planning Director C: Project File No. 2000-7601 P.O. Nix 1115 • La f orte. Texas 77572-1 115 • (713) 471.5020 Memo To: John Joems, Assistant City Manager �L From: Doug Kneupper, Planning Director / Date: 07/06/00 Re: Water Service to United Rentals (Corner of Strang and SH 225) JUL - I ZWO United Rentals is a company that provides rental equipment to the construction industry. They are renovating existing buildings along the north side of SH 225, just east of a development known as Trammel Crow. They have requested the City provide water service per our adopted policy. I am requesting your review of the following documents before Council's consideration: • An IDA has been prepared for the land and improvements owned by United Rentals, Approximately 1,100 feet of 12' water line needs to be extended to get to and 4It° through the United Rentals site. farlz-q� �f�' . A)o � p&"� - —' The Water Service Agreement is basically for domestic consumption but there is a small amount identified for cleaning of the rental equipment. After your review of the documents, we will proceed with getting signatures, and money before taking all three agreements to Council. 0 Page l Brian Sterling From: Jeanette Bissonnet [jbissonn@ur.Gom] Sent: Friday, June 16, 2000 3:09 PM To: 'stedingb@ci.la-porte.tx.us' Subject: RE: United Rentals Water Service Agreement IF WE DON'T USE THE EXPECTED AMOUNT DO WE GET SOME SORT OF CREDIT? ALSO, I HAVE CALLED THE ENGINEERS ON THE LIST THAT YOU GAVE ME TWO ARE TO BUSY AND WE GOT A QUOTE FROM ONE AND ARE STILL WAITING FOR A REPLY FROM THE OTHER. WE NEED AT LEAST TWO QUOTES CAN YOU SUGGEST SOMEONE ELSE. CARLOS SMITH - GAVE QUOTE MANNING ENG - TO BUSY E-SOR - TO BUSY FOLLIS ENG - STILL WAITING HE'S PRETTY BUSY TOO. SO I DON'T KNOW IF HE'S GOING TO GIVE US A QUOTE. Jeanette Bissonnet Office Manger Ph: 281-470-8858 Fax: 281-470-8862 E-Mail: jbissonn@ur.com -----Original Message ----- From: Brian Sterling (mailto:sterlingb@ci.la-porte.tx.us) Sent: Friday, June 09, 2000 7:16 PM To: 'jbissonn@ur.com' Subject: United Rentals Water Service Agreement Jeanette: In regard to your Water Service Agreement, the administrative cost of the agreement should be $8,600 instead of the original calculation of $5,000 (see the second paragraph of item #6 of the WSA Policy). Since your total demand is greater than your average day demand of 50 gals per employee per day, the one time connection fee is calculated as $2.00/gal x total water demand of 4,300 gpd. Additionally, as a part of the agreement, Exhibit "A" will be modified to include landscaping along your existing building frontage at S.H. 225. I am in the process of making the necessary modification to your Water Service Agreement. If you have any questions, please feel free to contact me. In my absence, you may also contact Doug Kneupper, Planning Director at (281) 471-5020, ext. 232. Sincerely, Brian Sterling City of La Porte CITY of LA FOR4 FAX COVERSHEET DATE: June 5, 2000 TO: Jeanette Bissonnet / United Rentals FAX: (281)470-8862 PAGES (W/ COVER): R FROM: Brian Sterling, Engineering Technician Jeanette: As per our previous conversation, I am faxing a copy of the revised Water Service Agreement to you for review. Please contact me with any questions or comments. Brian Brian Sterling Engineering Technician Office: (281) 471-5020, ext. 239 Fax: (281) 471-7168 E-mail: sterlineb(a).cUa-oorte.tx.us 604 W. FAIRMONT P.O. BOX 1115 LA PORTE, TEXAS 77571-1115 WATER BACTERIOLOGY • . Galveston County Health District 48013 (Rev.'W98) .. - _7205DakStreet; La llargtto,:.TXa7568, ,(409)938-2449_ Date and Time Re'dt�l ^ .'-Date Sample No. - • '�. 7 n Reoortad Ut:�"i"C V' 7T w nrn mane auove sue Mte — Please Print wie bellpoea pen w q'pewraer. _ n Iiq I ico ( rd haw I as i ij,-Ap gTm -I i 1 1 1 1 1 1 I I I I Water System I.D. No. NAME OF WATER SYSTEM Ig 91gQ 1 I Ii111AgI I1X 1 1 1 1 1 1 1 1 1 1 1 1 11 _ POINT OF COLLECTION - COUNTY SEND_ LIl`I 1lIW RQRl7f£ I I I I I I I I I I I 1 1 I I RESULTS I R I f�Xy(I 111 I Il I I I I I I I I I III I I I I I I STREET ADDRESS (P.O. Box) TO: I I�2Qi'-"-f. I I I I I I I I I !Tx CITY ZIP CODE HOLD RESULTS FOR PICKUP - PHONE FAX Date and I _ } Time of I 1�-{ I�,I IL I �"�I(' Collection I I R A lean W MO S o MONTH DAY YEAR Te.E AMIPM COLLECTED BY E OF SYSTEM SAMPLE tS W/�TER SOURCE (Pudic Systems Drily) / ublic ❑ Dairy _❑ Distribution []Raw B'River ❑ Lake ❑ Irdividual ❑ Bottled B Cerstruction ❑ Repeat ❑ Well Wan Depth ❑ SCIMI ❑ Special Chlorine Residual L2E�L4S- Ownership or other Information: LABORATORY REPORT (Do not write. below) ' Water of satisfactory bacteriological quality must be free from Conform organisms . (Membrane Filter O Coliform organisms IP Not found ❑ Found ❑ Total conform group ❑ Escherlchla toll ❑ Repeat samples required Total coliform Colllert P/A test ❑ Not found .❑ Found.. ❑ Total coli#pm grou ❑ Escherlch/a Coll „ simples regdIrdui''•7 UNSUITABLE FOR"ANALYSIS-PLEASE RESUBMIT - ❑ Sample too old. Sample not received ❑ Ouantiry Insufficient fopanalysis . within 30 hours of collection (100 mi. required) . ❑ Date discrepancy or form incomplete ❑ Heavy (sOUbecterial growth) present, (See encircled item) possibly comp'romising test results ❑ Leaked in transit Ji ❑ Duller' .. ..... .. .. ......... � � ..:_.j ����✓ i WATER BACTERIOLOGYt� . Galveston County Health District;, 48013 (. ov.'6/96) A�: pS„Oak.Street•U:a Alargyp•jTX, 7569,,;/(409),938-244 Date and Time Reed: Date IL 11TT • . Sample No. - -- isi - -• : 11011 Mi N Lary [OR I (( eblEt ra I I I I I I I I I I I I Water System I.D. �D.. No. r-� NAME OF WATER SYSTEM WWI lI Q.yGI i I I I 1 1 1 1 1 1 1 POINT OF COLLECTION COUNTY t Subr n l.D:(NNm f ( SEND 1 11T(1YI I( I I MT&F! I Ip ALWCl 0171?11<1 I NAME RESULTS IA-Q.IJ[)XI 11111115 I I I I I.I I I (I I I I I I I I TO: STREET ADDRESS (P.O. Bo><) t' . I)) ((�� Llu]II'IQ" I I I I I I I I I I TX STY ZIP CODE HOLD RESULTS FOR PICKUP PHONE FAX :...Date and I � --( ...» - - _.I`,vriffle of .-. .- Collection .I lid ' If U � W �' ® � Imo[} MONTH DAY YEAR TIME AWPM rnir w OF SYSTEM SAMPLE Is WA TER SOURCE (pltac Systems Only) �,r (91 uh8c ❑ Dairy ❑ D/IsJc�utlon ❑ Raw l)dr' ❑ Lake . ❑ Individual ❑ Bottled �ConstrucUon ❑ Repeat ❑ Well Wen Depth ❑ School Cl Special. Cidadne Reatdual OwnersNp or other Information: LABORATORY REPORT (Do not write belori)>.,' Water of satisfactory bacteriological quality be free from fonn'organisms Membrane Filter r� Collform organisms - I Not found ,❑ Found ❑ Total conform group ❑ Escherich/a coN ❑l Repeat samples required ❑ Not found . ❑ Found., F : y ❑ Total col rm t;r-ou j'' ❑ Escherlchla Coll ap as BamplesregUllg'd`° ' UNSUITABLEFORANALYSIS- PLEASE RESUBMIT ❑ Sample too old. Sample not received ❑ Ouantlly Insufficient for analysis . within 30 tours o1 collection (100. m1. required) Wrc-] ate discrepancy or farm Irucompete ❑Heavy (siltrbaclertal grows) present, See encircled ttem) possibly Compromising test rem eaked in transit ,. ther ......_.. .,...�......... _.- ...... - - ,.... Total coliform Colllert P/A test N.T.S. - d .._ ñiJYd • rt! EXCEL LOCISTICII[ t a ., . FORMERLY + TIUMMU oaow UNITED RENTALS y^y EXHIBIT "A" •*NOTE: POINT "A" TO POINT "B" ELIGIBLE FOR REIMBURSEMENT TO U.E.A. 2000-7601 E4W.{ , il. #IFNI .. lk ` UNITED RENTALS SITE ,x e _o (� ORDINANCE NO.2000-A00 AN ORDINANCE APPROVING AND AUTHORIZING THE CITY OF LA PORTE TO ENTER INTO A UTILITY EXTENSION AGREEMENT WITH UNITED RENTALS; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING 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 this reference. The City Manager is here authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is here 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. ORDINANCE NO, 2000-,. 4AD Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 241' day July, 2000. CITY OF LA PORTE Norman L. Malone, Mayor ATTEST: 1-ILL&1 J���,i'2C.1 Martha Gillett, City Secretary APPROVED: x Knox Askins, City Attorney 071 UTILITY EXTENSION AGREEMENT (Owner Funded Extension) THE STATE OF TEXAS: COUNTY OF HARRIS: This agreement, made this rn r _ day of JU (y 2000, by and between the City of La Porte, herein called "City", acting herem through its City Manager and United Rentals, a corporation, of La Porte, County of Harris, and State of Texas, hereinafter called "Owner". VVITNESSETH L All references to "Utility Main(s)" henxmdcr shall, for the purposes of ibis agreement, shall refer to the extension of a 124ncb potable water line and related appurtenances as per plans and specifications prepared by sel , Job No. IW - 45;� Dated 9 Z4> , and approved by City (CLP Project Na 2000-7601} 2. Owner is the owner of certain property in the City of La Porte, Harris County. Texas. identified as 11.171-Acre Tract of Land out of Lot 32 of the Strang Subdivision, Harris County, Texas. City's utility main(s) presently do not extend to Owls said property. Owner has requested the extension of City's utility mains) to serve Owners said property. 3. City bereby agrees to the constriction and installation of an extension of its utility main(s) to said property commencing at the nearest existing utility mains) of sutiicient sine and capacity. Thence along/through public rights -of -way and/or easements to and through said Owners property. Provided, however, that City should not possess all necessary rights -of -way and/or easements to complete said ex tension(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 sball 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 mam(s). Owner fiutber agrees to pay all engineering fees for survey, design, conbact doc m ents, biddin& amstr ction staking construction inspection, and preparation and submittal of As -Built construction drawings. z 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. specifications and contract documents to be prepared by the Owner's engineer and approved by the City. lLo contact documents shall include a provision for a one (1) year warranty from defects in materials and workmauship. The doaumems will also provide a "Notice" to Contractor that the City of La Porte will perform daily construction inspection to insure compliance wdh plans and specifications. Owner agrees that City will not be naponsiible for issuing or approving payments to the Contractor. 'is agreed and understood that Owner is responsible fur paying for any unforeseen costs Or Cost overruns in the prajax that result from circumstances beyond the control of the (Sty. 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 aurthmne the Owner to sa ewe bids from qualified underground utility Contractors. 7. Owner agrees that upon Completion and acceptance by City. City will assume ownership and maintenance of the utility mam(s) and as such shall have full control over future citensioos and connxtions thereto. 8. For the purposes of reimbursement, as provided for in paragraph 9, Owner agrees to supply City with a e"remen of final construction costa Owner and City agree to use the foal Construction cost to develop an average cost per foot Said average cost per foot shall equal the final construction Cost eli®bk for reimbursement less any allowances for City participation, divided by the total length of utility main eligilge for reimbursement as defined by Exhibit "A". 9. in the event that other owners of property abutting the utility mains extended by Owner under this contract, as showu on the plat attached hereto as Exhibit "A" and incorporated by reference herein, shall Wit the extended utility main(s) constructed under this agreement by malda9 connection therein under a permit from City within a period of ten (10) years ftom and after the date City has accepted the construction of said facilities by the contractor. City agrees to collect from said property owners, an amourd equal to their liner foot of frontage abutting the utility main times the average cast per foot and namburse this amount to Owner_ In the event that other Owner(s) have participated in the cost of the extension of this line(s), aH participating owners) shall be reimbursed pro rats to their respective participation in the coat of the Unc(s). IN WITNM WHEREOF, the Parties to these presents have == ted this agreement in scveral counterparts. each of which shall be deemed an original, m the year and day fast mentioned above- m ATfM::k/G�� Y l/�a3 [ ;J BYV,1'Gi..- (city Secretary of La Porte) CITY OF IA PORTE BY: & T' 2M F w :vim aw 1 . . . � . . . , « \ . � © . • � ^ � � ®yi��<2 � \ . UN ! D . : /2 . - . . , » . r � \ « \ EXHIBIT "A *NOTE: POINT "A" TO DINT " ELIGIBLE FOR REIMBURSEENT TO U.E.A. 2000-7601 ORDINANCE NO. 2000-IDA-13 AN ORDINANCE AUTHORISING THE EXECUTION BY THE CITY OF LA PORTS OF AN INDUSTRIAL DISTRICT AGREEMENT WITH UNITED RENTALS, FOR THE TERM COMMENCING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING 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 I. UNITED RENTALS has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2001, and ending December 31, 2007, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. 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 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 24th day Of July, 2000. ATTEST: Martha A G llett City Secretary City Attorney CITY OF LA PORTE By: �-L_ Orman L. Mal e, Mayor 2 NO. 2000-IDA-13 { STATE OF TEXAS { COUNTY OF HARRIS { This AGREEMENT made OF LA PORTE, TEXAS, a Texas, hereinafter called ,a Y called "cc —Ma ", and entered into by and between the CITY municipal corporation Harris county, "CITY" , and U,L i M ed) i"A) _ , corporation, hereinafter W_ I T N E S S. m u. WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating Portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the. owner of land within a designated Industrial District of the City of La Porte, .said lamd being legally described on the attached Exhibit "A" (hereinafter "Land"); and said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City'referred to above, City and Company hereby agree with each other as follows: FI2IDL DRAFT: February 24, 2000 I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "C" and made a part hereof; and provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by City, at city's expense, by an independent appraiser of City's selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. 2 Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. On or before April 15, 2001, and on or before each April 15th thereafter, unless an extension is granted in accordance with the Texas Property Tax Code, through and including April 15, 2007, Company shall provide City with a written description of its Land and all improvements and tangible personal property located on the Land as of the immediately preceding January 1st, stating its opinion of the Property's market value, and being sworn to by an authorized officer of the Company authorized to do so, or Company's duly authorized agent, (the Company's "Rendition" Co file such Rendition on a Harris Count A ) mpeany may form, or similar form. The properties' which Dthe Co rendition render and upon which the "in lieu of" taxes are assessed are m re fully described in subsections 1, 2, and 3 of subsection D, of this Paragraph III (sometimes collectively called the "Property"); provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. ll..31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. A failure by Company to file a Rendition as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to City a written report of the names and addresses of all persons and entities who store any tangible personal property on the Land by bailment, lease, consignment, or other arrangement with Company ("products in storage"), and are in the possession or under the management of Company on January ist of each Value Year, further giving a description of such products in storage. C. On or before the later of December 31, 20010 or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2007, Company shall pay to City an amount "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Yearn). D. Company agrees to render to City and pay an amount "in lieu of taxes" on Company's Land, improvements and tangible personal property in the unannexed area equal to the sum of: 1. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts payable pursuant to subparagraph 2, below), had been within the corporate limits of City and appraised 3 each year by city 's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 2000, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each value Year following completion of construction in progress, an amount equal to Thirty percent (30%) of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. (b) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2000; or ii. a cumulative value of at least $3,500,000.00. For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing Property values have depreciated below the Property value established on January 1, 2000, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2000, value; and 3. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, had been within the corporate limits of City and appraised each year by the City's independent appraiser, 4 in accordance with the applicable provisions of the Texas Property Tax Code. With the sum of 11 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. IV. This Agreement shall extend for a period beginning on the lst day Of January, 2001, and continuing thereafter until December 31, 2007, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2007, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, Section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions -on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. V. This Agreement may be extended for an additional period or.periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right -to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, •plus (b) the total amount of the "in lieu of taxesn on the unannexed portions of Company's hereinabove described Property which would be due to City in accordance with the L foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Barris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree with any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" Payments to.be made under this Agreement.. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article VI B. Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's valuations rendered .and/or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the U.S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including 0 expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final a ndrev ding upon the Parties, subject only to General Arbitration Act te available under the Texas Arbitration°, Texas Civil Proctice (Chapter 171, "General RemediesCosts of the arbitration shall be sharedqualCode). Company and the city, provided that each ally by the its own attorneys fees. Panty shall bear VII. City shall be entitled to a tax lien on Company's above described Property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of ^in lieu of des" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner, disposes of, either bvoluntarily or by operation of law, all or any part of the property elonging to it within the territory hereinabove described, and the greements herein contained shall be held to be covenants running With the land owned by Company situated within said territory, so lfor as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (go) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If .City enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement isin effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. X. The Parties agree that this Agreement complies with existing laws Pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. Without such agreement neither party hereto would enter into this Agreement. In the -event any one or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, 7 corporation or circumstances shall be held y anof competent jurisdiction to be invalid or unconstittutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. ENTERED INTO effective the 1st day of January, 2001. By: ATTEST: By: C1t Secretary City Attorney City of La Porte P•O. Box 1218 La Porte, TX 77572-1218 Phone: (281) 471-1886 Fax: (281) 471-2047 �� • • • - „er �Makl6ne By:iN4e.1t Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 ^Sffi[IBIT B" (Metes and Bounds Description of Land) PAGE. 2/2 f. U0/ Ji i. MAY. 25 ' 00 (THU) 10:05 AEMAX SOUTH EAST inn Mh '+71 729 ft. R,IBTT O.A!' a a 1s:��et0.1/2 d! Latl • sr9 •tote el" r•!t __ � .t sees VMS": NM 2teerdi .l.ltt ell C60" �aa 1pdgd �ts r.totir t • si.t4a hips., Barr :0lrtlaslytfi fauser lod b'� 8i11 1: lltt*9 i•1 •Nt .: tfn►!t{ti egatdd:,pf•p f001l1 H•t�•i0! RidT �arlar.ue:" tttl:' 110: at'.** !i!"lneh te6a plpe leYlid fiii tau Dorm" I[si brtr{•d;s111.6e\ fi aad'Oot !t i aa{y l$)past ir\kettetiy ittp, 10 apt\iielaIV alike e! attla NI aaai . Mtr"d eL aei�i,+w1t. orasr. et a it:di< are t �' fi0! land a r I�t'r .Qiaeta •' ".Tat.eilaea.a tr: —a& Iheifded, andat"!s qi Npda atw i<dffMi•ii i).:aeftt ;. . la Geaq irt''i �13r Ms: ><it ut ! oke tooet q•is•40!.=iiit s7a ela airt!{iat!„a ~ rlihdbsa lyaasldAh.lrrftaM ijthp►!!!I } des�a ■: •p..deb+fii} pat-`iifar i6 .thbi ~at.rtak-� line atn d0(awN rare ..•.. Morn, *0•di'Ir• pit hall" wettR iatolrs eta•pat llsa al sal Let' he ►:dlrlasei d� 111.lt 80xt'ti* a.!#of.t. -bal .et tsea(a tar ta. s•Mrnat sifaat et the' sialf am htt at ta►d "!;a ai. nett. tt''s0 is '-- s'l Islas �t! 904.N toot ! lbitaad t0Y'r`fbe ; to a: ottaorrt•. t�iap•at leeal YaY,!a•r8er la ' tb:. �sate•i Il'ip \elxear ala,lrei tittl rLiit�lr t+att 00'dl�il t4it:loailed.loatir "jY. rt.VOMW4lln9 bittKa"s siu'. LNa' fi i•d • dlrtW tlifif:// 1/otts t °to. r.1Gt 0/'/oEf[IItIMQ':! lW itoln'duetltod�trait 'aid. ieityJal atttUa.ttae cells 11t�0294;v1ar• lost a:gFif!!terq: et a et i i "Mm BIT B^ (Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including Pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte.) It IT C" Page 1 of 2 RULES AND REGMAT:EWS Any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be subject to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit "A° which is adjacent to Fairmont Parkway, State Highway 225, or State Highway 146. 1. Any sign erected in said too' strip of land shall be subject to the following provisions: ♦ one freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of-way. ♦ Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. ♦ One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights -of -way. • Freestanding identification signs for multiple businesses shall not exceed 350 square feet. ♦ Freestanding identification signs shall not exceed 45 feet in height. ♦ Minimum setback for sign construction shall be ten (10) feet from property lines. 2. When Land adjacent to said 100' strip is developed, the initial 50' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. b) The use of earthen berms with approximately 3:1 side slopes, 50' wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be main+ in a ed by the property owners. "RyiIBIT C" Page 2 of 2 c) A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be. at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public utility easements or rights -of -way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation and maintenance of the Public utility facilities. For items b and c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. For cases of new development or improvements where a 50' landscape easement is not available or practical, Company shall meet with City to determine a suitable landscaping alternative. 3. Driveways opening from said strip of land onto State Highway 225 or State Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and Provisions of the City's Code of Ordinances, whichever is more restrictive. Driveways opening from said strip of land onto Fairmont Parkway shall be subject to the rules and regulations of Harris County and provisions of the City's Code of Ordinances, whichever is more restrictive. 4. Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. 5. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and City. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. J •� CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No: 3349-00 Project WATER LINE EXTENSION - HIGHWAY 225 TO SERVE UNITED RENTALS CONTRACTOR R L UTILITIES. INC. Contract For $43,750.00 Contract Date SEPTEMBER 18, 2000 This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: Following Items to be Completed: NONE. To UNITED RENTALS AND CITY OF LA FORTE TEXAS owner And To R L UTILITIES INC contractor The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DECEMBR 1 2000 Date of Substantial Completion A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. When this Certificate applies to a specified part of the Work the items in the tentative list shall be completed or corrected by CONTRACTOR within 10 days of the above date of Substantial Completion. Page 1 of 2 The date of Substantial Completion is the date upon which all guarantees and warranties begin, except as follows: NO EXCEPTIONS The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities and insurance shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: ONE YEAR WARRANTY The following documents are attached to and made a part of this Certificate: ONE. Executed by ENGINEER on DECEMBER 20, 2000 H. Carlos mith-En in ors & urve ors Inc. en e By: on The CONTRACTOR accepts this Certificate of Substantial Completion DECEMBER 20. 000 R L UTILITEIS INC ntractor By: dldc-oram Page 2 of 2 12-19-00; 4:36PM;UNITED RENTAL ;281 4798558 # 1i 3 0 [United Rentals ,�/ no mgm voi! 8221 HWY 225 LA PORTS, TX 77571 PH : 291479-M FAX: 281479-9558 FAX COVERSHEET TO e& a od, Xli�' COMPANY: FAx t: ,281- # %1-,'122;? DATE: /z-/9-00 FROM: PAGES SENT: UNC. COVER) OOOt><><><><> O<><>O<>b0000<>00 <>00<><><><><><><><>O<> 12-19-00; 4:36PM;VNITED RENTAL ;281 4798558 i 2/ 3 R.1.< UTILITIES, INC. P.O.'BOX 1154 LA PORTE, TX. 77572-1154 TELEPHONE: 281-419-6561 FAX: 281-416-9996 SO$d UNITED RENTALS To: 8221 HWY. #225 LA PORTE, TEXAS 77571 Du.e Date.: 11104100 Team"....: NET 10 DAYS i iiJssiiJJfJi�s INv0IcE _ i = i itiii Y,J iYtti+ti Irtv*,Lc.e Numb"; 00484 ImuoZae Date: 10 5/00 Page: / 1 cd,&t I.D..... : UNITED 0 0. Num6v-...: WATER LINE Job/Oradea. No.: 2541 TX ----------------------------------- ------------------------------------------- 43750.00 E FURNISHED LABOR, MATERIALS, 6 EQ PMENT TO INSTALL APPROX. 1140' OF 12" ATER LINE,2 FIRE HYDRANTS, 6 1 TS6V OR THE: NEW UNITED RENTALS BUILDING WY R225 / om', 4GS°"—o At7D:r• 05. FOR, C:Ty o�in�oar� iYz'' )A-lv-& OCT 2,,�2000 o. NVOIC! tnoVNr 0 0 TOTAL �{ 750 O' . "o. W. NVNNE WECENER ND. AXWW 1 1 . 8Ya- LO.i. •CCQNT I4409o- a nc TG EPAY� 1 soo A. 1 b0 i ORS NE/ �l 12-19-00; 4:36PM;VNITEO RENTAL Z 'Slip-18-00 11:ES AM ;281 4798558 0 3/ 3 P.OZ R-L. un Lnus. INC. -P.O. $OX 1154 LA PORTE, TEXAS 77572-1154 281-479-6567 PAX: 28I476-9996 UIJLRIlS PROPOSAL PROPOSALSUHMrtTED TO PHONE DATE UNITED REN STREET JOB NAME WATER CITY, STATE, AND ZIP CODE JOB IACATWW LA PORTE, TEXAS ARCHITECT DATE 0PPLA MO PHONE .. CARLOS SMITH Y L[�• _ .J: r: �.�• .0 YS .Y '. myr, :A v� .a :�. ,..✓� fa .�. > , AS SP£CWBD. ALL WORK TO OE MAw%mB IMMIER AO@ORDDC. TO DAARD PAAGTR EA ANY ALTF.RATK .. ..-. r.. ._ ------ _ -- --- B¢ E%ELtntnaNLr toOPI alRtrTENORD�1s. ANo arnJ. AN EIIIRA NOfE: nDs SROF06AL w.v eE CNAROEOVER AND AROVB THE 9M"T6. ALL AOREEMEMCC*InNUrWr WM[DRAWN DII US IF NOT ACLU TrU WON STRUM%AL'QBItr7fIBOlt DEIAVSBBYMCRALCDNTWLQWMUTO wn" 30 OATS CARRY FDIE. TOBNADD ANDO HM NECESSARY DMRANEE. MIR WMMS ARE FULLY COVERED By WDRKMAN'S CD OMOATION INSURANCE ACCMAMCCorPROYOIALTHE PRWMSPOCIPICATIMMAND WUNATUNF. CONDMONS ARC SATISFACTORY AND Accal D. YOU ARE AUTNORLWTO 00 THE WORK AS .PA WgU.OESSADEAS OUR.D4D ABOVE 9 oATeaAOCIiRANC/: / • dro »N„ I REIM Extension of P Name of Developer: Name of Development: Mailing Address: CLP Project No: Project Description: KSHEET ndustrial Districts Description of Utility Extension to *Date of City Acceptance: % J VALUE OF EXTENSION (ALONG BAY PARK ROAD): Less Developer's F.F. Fee: Less City Participation: EQUALS MAXIMUM AMOUNT REIMBURSABLE TO DEVELOPER REIMBURSEMENTS TO DEVELOPER FROM FF FEES Name of Development Project No. FRONT FOOTAGE ASSESSMENT (to be rcimburwd to developer) ADJUSTED BALANC (eligible for reimburseme t) 1 I *Reimbursement Period Expires 12/19/U5 CITY OF LA PORTE' u 1° P.O. BOX 1115 • LA PORTE, TEXAS 77572-1115 • 281/471-5020 RECEIPT NO. i73 DATE ER o ICHECK �/'//M,OONEY-O/RDER NO. CASH CHECK MONEY ORDER CCHE'CKS ! {)000-✓ -C 3// RECEIVED FROM PAYMENT FOR -ooc)o CUSTOMER AMOUNT r7l,a) 0 United 4000271311 Rentals 540965 CITY OF LA PORI. 4000271311 07/19/00 INVOICE NUMBER INVOICE DATE RECEIVER NO. GROSS LAMOUNT -DISCOUNT -t4EI GUN j �AM-L 20007601 07/12/00 7100.00 0.00 7100.00 Total: 7100.00 0.00 7100.00 . ... . ....... ... .. . ... . ....... ... ... ......... ... OUnited 4000271311 Rentals 540965 CITY OF LA PORTE 4000271311 07/19/00 INVOICE NUMBER INVOICE DATE RECEIVER NO. GROSS LAMOUNT QV3qQUOT NET AMOUNT 20007601 07/12/00 7100.00 0.00 7100.00 Total: 7100.00 0.00 7100.00 Calculations from Water Service Agreement between United Rentals & City of La Porte, Texas (CLP Project No. 2000-7601) On -site Employees: 35 Company Employees + 0 Contract Employees = 35 Total On -Site Employees Potable Water Approved for Domestic Use: 35 Company Employees x 50 gpd per Employee = Potable Water Approved for Industrial Process: Cleaning of Equipment = Total Water Requested: Domestic (1,750) + Industrial (1,800) _ Average Monthly Demand: 3,550 gals. (A.D.D.) x 30.5 = Pro-rata Reimbursement: N/A One-time Administrative Connection Fee: Total Water Demand > Avg. Daily Demand $2.00/gal x Total Water Demand of 3,550 gals= 1,750 gpd (Avg. Daily Demand) 1,800 gpd (Indust. Processes) 3,550 gals (Total Water Demand) 108,275 gals (Avg. Mo. Demand) N/A (UEA to be Executed) $7,100 Total W.S.A. Charges to United Rentals = $7,100.00 ORDINANCE NO.2WO. .4%1 AN ORDINANCE APPROVING AND AUTHORIZING THE CITY OF LA PORTE TO ENTER INTO A WATER SERVICE AGREEMENT WITH UNITED RENTALS; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING 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 authorized 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 here authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is here 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. J ORDINANCE NO.2000- �,q I Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 24"' day July, 2000. CITY OF LA PORTE Norman L Malone, Mayor ATTEST: Martha Gillett, City Secretary APPROVED - Knox AsIdns, City Attorney 2 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 United Rentals, a corporation, hereinafter called "COMPANY". I. COMPANY is the owner of certain real property which is situated in CTTY'S Battleground Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreemetr 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; 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. z Upon review of these representations, the City has determined the following: Number of Company Employees on site Number of Contract Employees on site Total on -site Employees Potable Water ApprovedforDomestic \ •'r . I 11- III\ \ .� 1 Ili- 1 �, I \ : 1111 • 11111 I use 35 1,750 1'I II. .I-1 .1- K 1" .I I• 11 1 I I•Y.\ q I• • 1' I✓. :\ YI II' • • • oil' IM Ilw 1:\ •• I.-M. , 11 (A) Corny shall pay to CITY a one-time administrative connection charge of S 7,100, • • Y. 1 - .IIF :1 . l.1 rv1 • ..�� w 1 . I- II 11:1 11 I • . � 11 � I \ .' (C) COMPANY shall file an application for water service with CTTY'S Utility Billing Division and Pay appropriate deposit and water meter charge. CITY shall be responsible for fiunishing and installing meter at Company's opense. COMPANY shall be responsible for k=lling (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 35M gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CTPY, plus any amount approved for industrial processes. 3 (F) The average monthly demand of 108.275 gallons is established by multiplying the age averdaily 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 108.275 gallons shall be one hundred fifty percent (150%) of the CTTY'S rate as established from time to time for commercial customers inside its corporate limits. 16 1 ••. • I . II • I IA :I I .:. . II - w Y. 1 7:. averiage monthly demand UI 1K be two hundred percent (200%) of the CrN'S rate as established fiom time to time for commercial customers in io' 4 corporate P dl' II R (I) Nothing contained in this Agreement shall obligate CTI'y to furnish more than the average monthly demand of _ W.275 gallons. Repeated consumption greater than the established average monthly demand may result in termination of service. (n 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 " p�✓ H. •' IL' b_ Lau 11 ' ha. LI 11 •• n I III I I r ICY. I .1 u Ili, I u •- 11.' IK I •' I III:. 11- IJ • • IIP al I a1 ,U I I I- 1 i P..0 1 - II'- w 1 • Il it I • (M) COMPANY agrees that it shall be bound by all applicable ordinances of ary, relative to the furnishing of potable water to customers within the corporate limits of Cry. W' (N)All plumbing installed by COMPANY connected to the domestic water line from CTTy, shall Meet all applicable State of Texas and CITY plumbing code requirements. C1Ty'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 wooer to COMPANY. • :1 i•:1 I w Y 1 /1 IK .t • I IIIN 1 . I I'IY. _1 1.1 II : 11 Y. 1�:1 1 • I' • • ••I:M 1 • 11 1 1 •.' • M •• •1 L:MI • 4 (P) The potable water supply system will be segregated from any existing and future COMPANY fue protection system. (Q)There shall be no resale of the water provided by CrrY, nor any extension of service lines by (R) COMPANY shall submit a certified site plan showing the total acreage of the tract including present 1.I Proposed improvements :1•a suitablelocation 11:p . thesite.OIIp mes 1 :••II NII It. be • G•• to certainadditionaldescribed in ExhibitThese :I li till GI •. shall l 1' 1 • • 1 on the site • .11 and approved 1 y 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. V1. CITY will have ownership and maintenance responsibility for its water mains, and service lines up to and including C1TY'S water meter. 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 5 CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITYreserves 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 Agreemrtt. 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. " VM. CrrY reserves the right to tert mft. this agreement in the event of violation of the terms and provisions hereof by COMPANY. CTfY 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, CTfY 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 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 CrfY exercises its right of termination. ENTERED INTO effective the day of 2000. Cony 0 CITY OF LA PORTE ATTEST: Martha A. Gillett City A;PPRqYED: Knox W. Aslans City Attorney City Attorney PO Box 1218 La Porte, TX 77572-1218 Phone: (281) 471-18M Fax: (281) 471-2047 CITY OF LA PORTE By: Norman L. Malone Mayor By:�.t Robert T. Herrera City Manager City of La Forte PO Box 1115 La Porte, TX 77572-I115 Phone: (281) 471-5020 Fax: (281)471-7168 ri This is EXHIBrr A, consisting of 1 page, referred to in and part of the Water Service dated Agreement between CITY and COMPANY Initial: CITY COMPANY X ` --• 1i• 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 th 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 provide a Landscaping Plan subject to approval by CITY. COMPANY shall install and maintain landscaping along its existing developed frontage to State Hwy. 225, as per approved Landscaping Plan as a condition of continued water service. <� _ uu fTHU) ••) p; OS REHAX SOUTH EAST �V .rnn f1 i0'-1729 EXHIBIT 9A" • GGt//11F0 �5 �� X ■wa•suen Wilk. le: eat ••. �••■ at aadrti•t rf ai aald' ll�u� ' ■lad . reli.- 1L .w0 evil Ilse •! hat• In • �" 7N t wait .e•rasr. •t ■ fi;dit i g6ir X:• lire Trds. .as a i:•l•t'� o•sari •' iatr .Tatt.� dnoaij a tjeq: " 3' �1ae0 fat .00 � Reaiiaed, tiNat� !t��la CaentT Cidtt•y �11� 6a: tit111A Pt'aMr r;� Yeett ;. south .q•�i•dp:.�it eiaa tra fTot/'ne as-aald rtata dllk**!1ll; } al�t�l �•rIT iliAt-•t�tsi ikon tleo0aat• w{roRiet tee■aain eetiipq'j� rook '64i a rl+t-•t.tw lla• .. t! dtrdsyii +4de�•e-.. It' ; r0fd tk■iN' o �■' ee.d ...: �. i text wide t�aI' !hits"et8(6'0e'.i3yt'ut t eer tt 1r frt l: Owrome aid . dt;tedei_ aI its, 1p (e i �;t�/ st-tve7 ulna at . twat n r4"ei. a otttiia A19 South*:e �i esanl:i�i'iTa. o Ml lase .t!•"aeetatlleei(=:�Ifat Mkt .eli.te la.a eo•bi�ir iYit tealt.d titer uI. aa! L•t' nr r:dlalaaa'i� ttfas taYt d � tFA'eUti'iiea as taale'tF► tke o•rlyeeat .d►net el tka"lid Y ihi• hill; of 1y . . t at srld ' tat " lwtr. te':tt�p0• t}1iii�! e'eteteeall 904.14 feet t. 11446, t 'eeilwiis A Id:L. �tlt�ilr' »�lY�A/ t• e•tk•r ta: tb:. {a�.a Teida11lot ei•d6� 1• Nut:' i aiT�iG �� alas (eall•sisups i il" 1.•ta n aN' ts- t4 Oy'r[Ol11Ntl�a tk.,ii:ia�il{MY I�:: x~I.�o Itgi wlttila.tit aiii• str;Mei¢ar• e..t er:e�11Ms a. of "ad. ' i i STQBUE�COMPAIVy'Dp�SNOtREV'�THAT THEABOVE ACAEAGE'!� ON(GL UIATONSX tE COHREM Page is too large to OCR. Page is too large to OCR. Agenda Date Requested: Juh ?4 Requested By: ou K Departmem: Ptanruno — Exhibits: —X_ Agreement Resolution Ordinance 1. Ordinances: Industrial District Agreement, Water Service Agreement & Utility Extension Agreement 2. industrial District Agreement 3. Water Service Agreement 4. Utility Extension Agreement S. Area Map :: :_ •u I. United Rentals is expanding its operations in La Porte. As part of this expansion, the business is relocating from its existing site on North 23i° Street to a larger 8.171-acre site located at 8221 S.H. 225. The company has approached the City to provide water service to its new location. In response to this request. Staff has researched and determined that the new United Remals site is not under an Industrial District Agreement and does not have access to adequate water service to the S.H. 225 site. The City Attorney's office has prepared an Industrial District Agreement for the company's new site. The Agreement has subsequently been presented to and executed by the company and awaits £uW approval by Council (see Exhibit 2). As previously stated; United Rentals desires to pursue water service under the terms and conditions offered by the City. Based on 35 on -site employees, the average daily demand is estimated to be 1,750 gallons. The applicant is also requesting 1,800 gallons per day for cleaning of rental equipment m The company will pay a nd one-half times the City's current rate. The term of the Water Service Agreement is for (5) years, plus any renewals and extensions thereof. However, the Agreement shall automatically expire at such time as there Is no effective Industrial District Agreement between the parties or if the City exercises its right of termination. Based on its total daily demand (domestic + industrial uses), the applicant is subject to an administrative connection charge of $7,100 (1,750 gpd + 1,800 gpd - 3,550 gpd x $2.00 per gallon a $7,100). Staff has prepared the Water Service Agreement for United Rentals and the company has subsequently executed its part of this agreement for consideration by Courxo (see Exhibit 3). Execution of a Utility Extension Agreement is necessary for the extension of a 120 waterline required to serve United Rentals' new site. Staff has prepared and presented this document to United Rentals who in turn has executed its part of this agreement to be presented to Council (see Exhibit 4). Staff recommends approval by Council of an Industrial District Agreement, Water Service Agreement and Utility Extension Agreement between the City of La Porte and United Rentals as submitted herein. Consider approval of three individual ordinances. The first of which authorizes the City to execute an Industrial District Agreement with United Rentals. The second ordinance authorizes the execution of a Water Service Agreement between the City and United Rentals. The final ordinance authorizes the City Manager to execute a Utility Extension Agreement with United Rentals for the extension of a 12- waterline. Availability of Funds: N/A Aooroved for City Council Agenda Orl-u Robert T. Herrera City Manager DATE Form 1082 (Rev 07/30/1999) (Hou-Maint Electronic Version) To: City of LaPorte c/o H. Carlos Smith PO Box 529 Hig o Beg. . OtTset Maintenance Section No. >"yz AS, No. 00-1030 SH 225 End R-M Offset East Harris 9 TX 77572 Harris County Date: K111I0 The Texas Department of Transportation (TxDOT) offers no objection to the location on the right-of-way of your proposed 12" water line line as shown by accompanying drawings and notice dated August 29, 2000 except as noted below. Your attention is directed to governing laws, especially to Article 6674w-I, Vernon's Annotated Civil Statutes of Texas, pertaining to Control of Access. Access for serving this irmallation shall be limited to access via (a) frontage roads where provided, (b) nearby or adjacent public roads or streets, (c) trails along or near the highway right-of-way lines, connecting only to an intersecting road; from any one or all of which entry may be access to the though -traffic roadways and ramps shall be subject to the same rules and regulations as apply to the general public except, however, if an emergency situation occurs and usual means of access for normal service operations will not permit the immediate action required by the Utility Owner in making emergency repairs as required for the safety and welfare of the public, the Utility Owner shall have a temporary right of access to and from the through -traffic roadways and ramps as necessary to accomplish the required emergency repairs, provided TxDOT is immediately notified by the Utility owner when such repairs are initiated and adequate provision is made by the Utility Owner for convenience and safety of highway traffic. It is expressly understood that the TxDOT does not purport, hereby, to grant any right, claim, title, or easement in or upon this highway: and it is further understood that the TxDOT may require the owner to relocate this line, subject to provisions of governing laws, by giving thirty (30) days written notice. You are requested to notify this office prior to commencement of any routine of periodic maintenance which requires pruning of trees within the highway right-of-way, so that we may provide specifications for the extent and methods to govern trimming, topping, tree balance, type of cuts, painting of cuts and clean up. These specifications are intended to preserve our considerable investment in highway planting and beautification, by reducing damage due to trimming. The installation shall not damage any part of the highway and adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. In the event the Owner fails to comply with any or all of the requirements as set forth herein, the State may take such actions as it deorns appropriate to compel compliance. • General Special Provisions: Revegetation Special Provisions: In order to minimize erosion and sedimentation resulting from the proposed installation, the project area will be revegetated R in accordance with TxDOTs Standard Specification Item 164 which specifies the appropriate grass seed mix to be used, or O as indicated on the attachment. Please notify Mr. Gary D. Hall at (713) 636-7400 forty-eight (48) hours prior to starting any construction of the line in order that we may have a representative present. Texas Department of Transportation By: , for Michael W. Alford, P.E. Director of Maintenance, Houston District TE:,. S DEPARTMENT OF TRANSPORT, .�_ON Specifications For Placing Utility Lines Within The Right-of-way Of State Maintained Highways 1. All excavations within the right-of-way and not under surfacing shall be backfilled by tamping in six inch horizontal layers and/or as directed. All surplus material shall be removed from the right-of-way, and the excavation finished flush with surrounding natural ground. 2. Where sodding is disturbed by excavation or backfilling operations, such areas shall be replaced by seeding. Slopes 4:1 or steeper shall be replaced with block sodding. This work shall be in accordance with Texas Department of Transportation (TxDOT) specifications. 3. Highway crossings under surfaced roads and surfaced crossroads with the right-of-way shall be placed by boring. Boring shall extend from crown line to crown line. 4. Use of water or other fluids in connection with boring operations will be permitted only in sufficient quantity to lubricate boring bit and provide a smooth flow of cuttings. Jetting will not be permitted. 5. Pipeline material and design for high pressure lines must meet the minimum Federal Safety Standards for Liquid and Gas Pipelines. 6. Operations on the highways shall be performed in such a manner that operating equipment and excavated material are kept off the pavement at all times. 7. Barricades and warning signs, and flagmen when necessary, shall be provided by the contractor or owner. One-half the traveled portion of the roadway must be open to traffic at all times. 8. Work performed on railroad right -of way is subject to the concurrence of the railroad company. Approval of this request by TxDOT does not relieve the utility owner or its agents of any obligation to also obtain the approval of the railroad company. Work performed within the waterways, such as rivers, creeks, bayous, and drainage ditches, is subject to the concurrence of appropriate regulatory agencies. The utility owner or its agent shall obtain overall environmental clearance with all appropriate regulator agencies prior to beginning construction. Approval of this request by TxDOT does not relieve the utility owner or its agent of this obligation. 9. All manhole covers shall be installed flush with ground level. The roof of communications manholes shall be at least five feet below ground. 10. No raw sewage or effluence from septic tanks, car washes, or similar facilities shall be drained in State highway storm sewer systems. 11. Power transmission line crossings over highways shall be constructed and maintained a minimum of 22 feet above the surface of the traffic lanes. For power lines above 50,000 volts, the clearance shall be increased in accordance with National Electric Safety Code as published in the National Bureau of Standards, Handbook 30. 12. Communications lines crossing over the highway shall be constructed and maintained a minimum of 18 feet above the surface of traffic. 13. Work covered by this permit shall be so conducted that it will not interfere in any way highway construction or repair work, or any State maintenance work that may be done on this road. In the event such interference occurs, you will cease operations in the area until such time as the road work referred to above is completed. 14. The Grantee certifies that its storm water runoff to the State's right of way shall not be contaminated by any industrial processes or significant pollutants, and the State shall not be held liable for any pollutants entering State right of way through storm water connections. Revised 6/06/2000 Special Provision For Permit Number 00-1030 1. This permit is void if installation not complete within one year from date of approval. 2. Traffic control in utility work zones shall conform to applicable specifications of Texas Manual on Uniform Traffic Control Devices for Streets and Highways, Part VI. 3. This permit issued subject to a traffic control plan being filed and approved by the Area Engineer or the person named on this permit. No work within the State right-of-way shall be performed until this approval has been granted. 4. It is mutually agreed and understood that the implementatioti and maintenance of the traffic control plan shall be the responsibility of the grantee avid the grantee shall indemnify and save harmless the State from any and all damages or losses that may develop due to this project. 5. Highway Crossings shall be bored or tunneled. Bored hole or tunnel shall not exceed the diameter of the casing by more than one inch, and shall extend the full width of the pavement and ten feet on each side thereof or five feet behind the back of the curbs. 6. Casing shall consist of smooth wall pipe with welded joints and seams, and shall be continuous, extending to the center line of the outermost ditches or five feet behind the back of the curbs. 7. Any adjustment of relocation of this installation necessary because of future highway construction shall be accomplished without cost to the Texas Department of Transportation. Revised July 30, 1999 I — Notice of Proposed Installation ,/= Utility Line on ControIIed Access Highway roan 1012 (0.ev.7-9]) (Pr";0W venbr,(t) are obwIttej To the T dras Transportation Commission Date August 29, 2000 c/o District Engineer Texas Department of Transportation Houston .Texas Formal notice is hereby given that the City of La Porte Company proposes to place a 12" AWWA C-900 CL. 150 Water Line line within the right-of-wayof_State Hwy. 225 in Harris County, Texas as follows: (give location, length, general design, etc.) 15' South of the North right-of-way line of State Hwy. 225, West 1250 feet from Strang Road, potable Water Line to be AWWA C-900,-CL. 150 to P,V,C, Two fire hydrants will be set at right-of-way line, and one IV water meter will be set at United Rentals property. The line will be constructed and maintained on the highway right-of-way as shown on the attached drawing and in accordance with the rules, regulations and policies of the Texas Department of Transportation (TxDOT), and all governing laws, including but not limited to the "Federal Clean Water Act," the "Federal Endangered Species Act," and the "Federal Historic Preservation Act." Upon roquest by TxDOT, proofof compliance with all governing laws, rules, and regulations will be submitted to TxDOT before commencement of construction. Our firm will use Best tlanagement Practices to minimize erosion and sedimentation resulting from the proposed installation, and we will revegetate the project area as indicated under "Revegetation Special Provisions." Our firm will insure that traffic control measures complying with applicable portions of the Texas Manual of Uniform Traffic Control Devices will be installed and maintained for the duration of this installation. The location and description of the proposed line and appurtenances is more fully shown by 5 complete sets of drawings attached to this notice. Construction of this line will begin on or after the 1Oth day of September _192000. By signing below, I certify that I am authorized to represent the Firm listed below, and that the Firm agrees to the conditions/provisions included in this permit. Firm City of La Porte By(Print) H. Car os Smtih Signature / T Title Consulting Engineer P �E() / LJ Address P.O. Box 529, 423 N. Hwy. 146 AUG 2 9 ,000 La Porte, Texas 77572 MAIL OFEFP� Phone No. 281-471-4226 G..... Page is too large to OCR.