HomeMy WebLinkAbout04-12-2010 CC agenda packet item_Water Service AgreementsWATER SERVICE AGREEMENT POLICY
3-22-10
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 2 I
I 2(N O
Requested By: John Joerns
Department: Administration
Report: X Resolution: _Ordinance: _
Exhibits:
Proposed Policy Manual (containing the following):
1) Minutes of 4/12/99 Council Meeting
2) Proposed Policy (New)
3) Application for Industrial District Water / Sewer
Semi" (New)
4) Flowchart(New)
5) Water Service Agreement (Updated)
6) Sanitary Sewer Service Agreement (Updated)
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted:
N/A
Amount Requested:
N/A
Budgeted Item: _YES
X NO
SUMMARY & RECOMMENDATION
Action Required by Council:
Approved for City Council Agenda
Ron Bottoms, City Manager
Date
POLICY MANUAL
Milk Date: March 22, 2010 Approved: J. Joerns
'awSubject: Water and/or Sanitary Sewer Service outside city limits (within ETJ) for
companies with an Industrial District Agreement
Responsible Agency: Planning Department
Policy Objective: To provide policy guidelines and establish procedures for water and/or
sanitary sewer requests by Companies located outside city limits (within
ETJ) with an Industrial District Agreement
Authority: Review/Approval by La Porte City Council
Policy: "Policy for water and/or sanitary sewer service outside city limits
(within ETJ) for companies with an Industrial District Agreement'
Exhibits:
® es o o pttng-Initial-Pei"-fAp+ 2:zT9" —
2. Policy Statement (Updated — 3 pages)
3. Application for Industrial District Water/Sewer Service (New Document - 1 page)
4. Flowchart (New Document-1 page)
5. Standard Water Service Agreement (Updated - 6 pages)
6. Standard Sanitary Sewer Service Agreement (Updated - 6 pages)
Summary:
To provide policy guidelines for City water and/or sanitary sewer service outside city limits (within ETJ)
for companies with an Industrial District Agreement.
Comments:
`' Revisions:
RF,0UESTJJR CM COUNCIL AGENDA F1'EP
16.
Agenda Date Requested:
Requested By: John Joems Department: Administration
XXX Report _ tion _ Ordinance
Exhibits:
I I s l l VI a
At the February 1" Council Workshop staff discussed several water and sewer service requests from
owners/developers of property outside the city limits but within the extraterritorial jurisdiction (ETJ). These
requests, for various reasons, did not fit Council's established policy for water service outside the city limits.
At the workshop, Council provided general direction and asked that staff return with proposed amendments to
the existing policy for providing utilities outside the city limits.
Attached are three draft documents that staff believes are responsive to direction received by Council
1. Policy Document tided:
Requests for Potable Water Service and /or Sanitary Sewer Service Outside the City of La Porte
For Companies With an Industrial District Agreement
2. Water Service Agreement
3. Sanitary Sewer Service Agreement (this is anew document)
To assist Council in reviewing the documents we have 8,4.0"scud, new language and lined then deleted language
except for the sanitary sewer service agreement, which is a new document.
The Sanitary Sewer Service Agreement is a new document. Its construction is essentially the same as the water
service agreement except that it deals with furnishing of sanitary sewer.
Some of the issues discussed at the February 1" Council workshop are addressed as follows.
• AdministrativelConnection Fee (for both water and sewer)
• The existing policy establishes a fee of $100 per employee with a minimum of S5,000 and
maximum of $15,000. Between the minimum and maximum, the 50 gal/employee/day results in
a administrativr/connection fee of $2.00/gal.
• This same S2.00/gal and same minimum and maximum fee was established for companies that
requested service greater than 50 gallemployee/dey.
• Maximum Water and Sewer demand to be considered by this policy.
• 30,000 gaBas jday
• Terms of Agreement
• The current and proposed policy calls for a term of 5 years together with any renewals or
extensions. It further states that the Agreement shall automatically expire at such time as there
is no effective Industrial District Agreement Therefore, we will be in a position to negotiate
both the IDA and the term of the utility service agreement Note: Staff would like to promote a
situation where thee£utility service agreements coincide with t I.D.A.'s or have some common
t expiration date. It would be our plan to negotiate this when the I.D.A.'s are renewed (2000).
• Beautification, setbacks, land uses etc.
• Several issues related to land use and improved visual image along major roadways into the
City were discussed at the February V workshop. These were addressed in the following
matter.
• A section on additional regulations and restrictions was added to the policies and to the
utility service agreements in a proposed Exhibit A.
• This Exhibit A is where Council would consider and approve on a case by can basis any
special regulations or restrictions referred to in the policy statement (such as setbacks,
landscaping, berms, beautification, etc.)
• Exhibit A also requires new developments to provide a stormwater plan approved by Harris
County Flood Control District and City. It further provides for continued maintenance.
Action Required by Council:
Consider approval of proposed policy for "Requests for Potable Water Service and /or Sanitary Sewer Service
Outside the City of La Porte For Companies With an Industrial District Agreement" and approve general form
of Water and Sewer Service Agreements, or give fiather direction to staff.
Availability of Funds:
_ General Fund_ Water/Wastewater
_ Capital Improvement_ General Revenue Sharing
Other
Amount Number: Funds Available: _ YES _ NO
• • Aptll 7, 1999
Page t of 5
` REQUESTS FOR POTABLE WATER SERVICE
AND/OR SANITARY SEWER SERVICE
OUTSIDE THE CITY OF LA PORTE
FOR COMPANIES WITH AN INDUSTRIAL DISTRICT AGREEMENT
General: Requests for water and sewer service outside the city limits of
La Porte and within our extraterritorial jurisdiction (ETJ) shall:
• be initiated by formal application supplying the information
on the attached.
• be considered and approved by City Council on a case by
case basis.
• require the owner of the property to execute an Industrial
District Agreement with the City.
• require the owner to execute a Water and/or Sewer Service
Agreement with the City.
Additionally, depending on circumstances, the applicant may be
required to execute a Utility Extension Agreement with the City.
Requests for water and/or sewer service will fall into one of two
categories.
• Sanitary and/or domestic needs where the estimated and
contracted demand is equal to or less than the number of
employees at that site times 50 gal/person/day.
• Water and/or Sanitary Sewer demand is greater than the 50
gal/person/day, but less than a total demand of 30,000 gal/day.
2. Miscellaneous Requirements and Restrictions:
• The City Council may also require additional requirements
and restrictions as they see ft. These additional restrictions
will be listed in an Exhibit "A" to the Water Sewer Service
Agreement.
• Specifically, in certain cases to promote various
objectives, features or policies of the City the Council
may require:
• • ApAl 7, IM
Page 2 M 5
• • information on the proposed usage of the property.
• certain setbacks, lot coverage, landscaping, berms, etc.
for protection of adjacent property and visual
enhancements along public roadways.
• additional development requirements might include
pedestrian sidewalks, decorative fencing and screening.
• installation of fire hydrants to improve the firefighting
capabilities of an area.
• for new development, the projects stormwater
management plan shall be coordinated with and
approved by the City and Harris County Flood Control
District.
3. For proposed developments that will be subdivided into multiple lots
and end users.
• The applicant will be asked to provide as much information
as possible to assist in the implementation of these policies
including but not limited to surveys, proposed lot layout,
driveways, streets, etc. Total projected water and sewer
demands of the entire development.
• However, each individual end user will be required to
execute separate Industrial District Agreements, Water
and/or Sewer Service Agreements and when necessary, a
Utility Extension Agreement.
II. The proposed user shall supply the following information in writing:
1. Statement of utility demands including as a minimum:
• Average day demand for potable water
• Peak day demand for potable water
• Minimum working pressure requirements
• Processes water will be used for (if applicable)
• Average day demand for sanitary sewer
• Peak day demand for sanitary sewer
• Processes contributing to sanitary sewer (if applicable)
• Number of regular and contract employees
which shall be reviewed and approved by the City.
40
• • Apol 7, 1999
Page 3 or 5
•
2. Certified site plan showing the total acreage of the tract including
present and proposed improvements and a suitable location map of
the site. In addition, the City may require the site plan to
demonstrate that certain miscellaneous requirements and
restrictions discussed in Section I paragraph 2 will be met.
3. The project's stormwater management plan shall be coordinated
with the City and Harris County Flood Control District. The City
and HCFCD may require the combining of some stormwater
systems to achieve a higher overall effectiveness.
III. The City will determine availability of adequate utilities based on the
number of employees (regular and contract) onsite times an average day
demand of 50 gallons per day per employee, and/or the stated quantity of
water and/or sanitary sewer for processes. Total combined water demand
shall not exceed 30,000 gallons per day, total combined sanitary sewer
demand shall not exceed 30,000 gallons per day
If adequate utilities are available, the provisions outlined in Section III shall
apply.
If adequate utilities are not available, potable water service shall not be
recommended unless special provisions are made and approved for a
utility extension of proper size to meet the present and the projected
demands for municipal water service in the area.
All proposed extensions shall meet the City's policy for a Utility Extension
Agreement, which requires:
• The Company to secure all necessary easements, rights -of -way,
permits, etc., at no cost to the City.
• The dedication of utility line to the City as well as other provisions.
IV. Requests for potable water service by users outside the city limits of La
Porte shall be subject to the following conditions:
1. Must have City Council approval.
• City determines locations, line sizes and approves plans.
• No outlay of City funds, other than administration of contracts
and policies.
• Lines to be installed in easements if installed in rights -of -way,
Industry would be responsible for future relocation expenses.
• • APd17, 1999
Page 4 of 5
` 2. Requires that City water be used for human consumption, washing,
etc., and/or limited process water with specific approval of City
Council.
3. Where required by the City (mandatory for all process type plants)
a reduced pressure zone backflow preventor must be installed to
protect the City from any possible cross connections.
4. When required by the City, a meter bypass will be installed.
5. All plumbing shall be permitted and shall meet applicable State and
City code requirements. The City shall have the right to inspect any
and all work related to the furnishings of potable water to the user.
6. The proposed user of potable water shall pay a one-time
connection fee of $100.00 per employee, with a minimum of
$5,000.00 and a maximum of $15,000.00.
If the users total water demand is greater than the average day
demand of 50/gal/employee/day, the one time connection fee shall
be $2.00/gal times the total potable water demand approved with a
minimum of $5,000 and a maximum of $15,000.
7. The user shall pay 150% of the water rates in effect for users within
the corporate limits of the City. For water usage in excess of the
average day demand, the user shall pay 200% of the water rates in
effect for users within the corporate limits of the City.
S. The user shall enter into a contract with the City outlining the
provisions for potable water service outside the corporate limits of
the City.
9. Exceptions:
Prior contracts or commitments made by the City.
• City Council has right to review, modify or enter into other
agreements, as it deems necessary.
V. Requests for sanitary sewer service by users outside the city limits of La
Porte shall be subject to the following conditions:
Must have City Council approval.
0
• City determines locations, line sizes and approves plans.
• • Apr,19, IM
Page 5 & 5
` No outlay of City funds, other than administration of contracts
and policies.
• Lines to be installed in easements or if installed in rights -of -way,
Industry would be responsible for future relocation expenses.
2. Requires that sanitary sewer be generated by typical human sanitary
uses, washing, etc., and/or limited processes with specific approval of
City Council.
3. All plumbing shall be permitted and shall meet applicable State and
City code requirements. The City shall have the right to inspect any
and all work related to the furnishing of sanitary sewer service to the
user
4. The proposed user of sanitary sewer shall pay a one-time connection
fee of $100.00 per employee, with a minimum of $5,000.00 and a
maximum of $15,000,00.
If the users total sanitary sewer demand is greater than the average
day demand of 50/gal/employee/day, the one time connection fee shall
be $2.00/gal times the total sanitary sewer demand approved with a
minimum of $5,000 and a maximum of $15,000.
5. The user shall pay 150% of the sanitary sewer rates in effect for users
within the corporate limits of the City. For sanitary sewer demand in
excess of the average day demand, the user shall pay 200% of the
sanitary sewer rates in effect for users within the corporate limits of the
City.
6. The user shall enter into a contract with the City outlining the
provisions for sanitary sewer service outside the corporate limits of the
City.
7. Exceptions:
. Prior contracts or commitments made by the City of La Porte.
• City Council has right to review, modify or enter into other
agreements, as it deems necessary.
0
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 , a
corporation, hereinafter called "COMPANY".
I.
COMPANY is the owner of certain real property which is situated in CITY'S Battleground
Industrial District or Bayport Industrial District and not within the corporate limits of the CITY.
CITY and COMPANY are parties to a current Industrial District Agreement.
t 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:
ills
COMPANY has made certain representations to CITY as to its number of employees,
and/or its desired amount of potable water for limited industrial processes, as of the date of this
agreement, upon which representations CITY has relied in entering into this Agreement.
0
�%. 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 Approved for Domestic Use
(Total on -site Employees times 50 gpd per employee)
Potable Water Approved for Industrial Processes (gpd)
Total Amount of Potable Water Approved for
Company (Average Daily Demand, gpd)
IV.
CITY has determined that adequate facilities are available to CITY to furnish potable water
to COMPANY based on the following terms and conditions, to -wit:
(� (A) Company shall pay to CITY a one-time administrative connection charge of $
(B) Potable water used for Industrial Processes shall be limited to the following processes:
(C) COMPANY shall file an application for water service with CITY'S Utility Billing Division and
pay appropriate deposit and water meter charge. CITY shall be responsible for furnishing and
installing meter at Company's expense. COMPANY shall be responsible for installing
appropriate meter box to be approved by City.
(D) Where applicable, COMPANY shall also pay to CITY $ 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
—( gallons per day. This number is based on an average of fifty (50) gallons per
• employee per day established by CITY, plus any amount approved for industrial processes.
(F) The average monthly demand of ( ) gallons is established by multiplying the
average daily demand by a factor of 30.5, which shall be used to facilitate service billings.
(G) The cost of water up to the average monthly demand of C_) gallons shall be one
hundred fifty percent (150%) of the CITY'S rate as established from time to time for
commercial customers inside its corporate limits.
(H)The cost of water for amounts used in excess of the established average monthly demand shall
be two hundred percent (200%) of the CITY'S rate as established from time to time for
commercial customers inside its corporate limits.
(1) Nothing contained in this Agreement shall obligate CITY to furnish more than the average
monthly demand of (—) gallons. Repeated consumption greater than the
established average monthly demand may result in termination of service.
(l) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY
if an emergency arises and there is not an adequate water supply to meet the needs of the
citizens of La Porte.
(K) CITY reserves the right to enforce its drought contingency plan on all water customers at
CITY'S sole discretion.
(L) The total cost for the engineering design and construction of any potable water main, service
line, back flow preventer, meter or other required appurtenances will be the responsibility of
COMPANY.
(M) COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to
the furnishing of potable water to customers within the corporate limits of CITY.
(I) 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.
(0) A reduced pressure zone backtlow preventer shall be installed and maintained by COMPANY
to protect CITY from any possible cross -connections.
(P) The potable water supply system will be segregated from any existing and future COMPANY
fire protection system.
(Q) There shall be no resale of the water provided by CITY, nor any extension of service lines by
COMPANY to serve other parties.
(R) COMPANY shall submit a certified site plan showing the total acreage of the tract including
present and proposed 'improvements and a suitable location map of the site. Company's
development may be subject to certain additional requirements as described in Exhibit A. These
requirements shall be shown on the site plan and approved by City.
V.
All expenses of the installation of the meter; service lines from the main to the meter; and
from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY.
COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter.
CITY shall own the meter.
VI.
CITY will have ownership and maintenance responsibility for its water trains, and service
lines up to and including CITY'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,
CITY will not be responsible for the expense of such relocation, adjustment, or replacement.
vu
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.
rill.
CITY reserves the right to terminate this agreement in the event of violation of the terms
and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any
defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects
within ten (10) days may result in termination of Agreement. CITY shall have the right to
summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the
integrity of the public water supply is threatened.
DC.
Upon receipt of written notice of termination, COMPANY shall have up to six (6) months
to prepare for transition to another water supply. If the transition is not complete within said six-
month period, CITY shall have the right to terminate water service at its sole discretion.
X.
In the event of any conflict between the terms and provisions of this Water Service
Agreement and the terms and provisions of the Industrial District Agreement between the parties,
the terms and provisions of the Water Service Agreement shall control, to the extent of such
conflict. The term of this Agreement shall 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.
E
ENTERED INTO effective the day of
CITY OF LA PORTE
ATTEST:
Martha A. Gillett
City Secretary
APPROVED:
Knox W. Askins
City Attorney
City Attorney
PO Box 1218
La Porte, TX 77572-1218
Phone: (281) 471-1886
Fax: (281) 471-2047
Company
By:
Name:
Title:
Address:
R::a
CITY OF LA PORTE
By:
Norman L. Malone
Mayor
By:
Robert T. Herrera
City Manager
City of La Porte
PO Box 1115
LA Porte, TX 77572-1115
Phone: (281) 471-5020
Fax: (281) 471-7168
• This is EXHMIT A, consisting of 1 page,
referred to in and part of the Water Service
Agreement and/or Sanitary Sewer Service
Agreement between CITY and COMPANY
dated
Initial:
CITY
COMPANY
ADDITIONAL REQUIREMENTS
The Agreement is amended and supplemented to include the following agreement of the
parties. COMPANY shall provide additional improvements as specifically set forth below.
These agreements represent contractual undertakings of COMPANY, undertaken to induce
CITY to sell water to COMPANY pursuant to the terms of the Water Service Agreement
and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements
undertaken by COMPANY are an integral part of the consideration by COMPANY for
obtaining the provision of water and/or sanitary sewer service from CITY.
1) Storm Water Plan: For new development COMPANY shall provide a Storm Water
Management Plan that is approved by Harris County Flood Control District and CITY.
COMPANY shall construct and maintain any storm water system as a condition of
continued water and/or sewer service.
2) Miscellaneous:
0
STATE OF TEXAS §
COUNTY OF HARRIS §
SANITARY SEWER SERVICE AGREEMENT
This AGREEMENT trade and entered into by and between the CITY OF LA PORTE, TEXAS, a
municipal corporation of Harris County, Texas, hereinafter called "CITY", and , a
corporation, hereinafter called "COMPANY".
I.
COMPANY is the owner of certain real property which is situated in CITY'S Battleground
Industrial District or Bayport Industrial District and not within the corporate limits of the CITY.
CITY and COMPANY are parties to a current Industrial District Agreement.
II.
COMPANY is desirous of purchasing sanitary sewer service from CITY for usual human
domestic uses, and/or for use for limited industrial processes as hereinafter stated. COMPANY
recognizes that CITY cannot at this time provide permanent and unlimited sanitary sewer service.
CITY agrees, however, to provide limited sanitary sewer service to COMPANY. For and in
consideration of furnishing sanitary sewer service by CITY, the parties hereto agree as follows, to -
wit:
COMPANY has made certain representations to CITY as to its number of employees,
and/or its desired amount of sanitary sewer from limited industrial processes, as of the date of this
agreement, upon which representations CITY has relied in entering into this Agreement.
46.
a
• Upon review of these representations, the City has determined the following.
Number of Employees on -site
Number of Contract Employees
Total on -site Employees
Sanitary Sewer Desired for Domestic Use
(Total on -site times 50 gpd per employee)
Sanitary Sewer Approved for Industrial Processes (gpd)
Total Amount of Sanitary Sewer Approved
by Company (Average Daily Demand, gpd)
IV.
CITY has determined that adequate facilities are available to CITY to furnish sanitary sewer
to COMPANY based on the following terms and conditions, to -wit.
{ (A). Company shall pay to CITY a one-time administrative connection charge of $
(B). Sanitary Sewer generated from Industrial Processes shall be limited to the following processes:
(C). COMPANY shall file an application for sanitary sewer service with CITY'S Utility Billing
Division and pay appropriate deposit.
(D). Where applicable, COMPANY shall also pay to CITY $ aS a pro-rata
reimbursement for installation of utility mains funded by other parties.
(E). The average daily demand is established at (___) gallons per day. This number
is based on an average of fifty (50) gallons per employee per day established by CITY, plus
the amount approved for industrial processes.
` (F). The average monthly demand of ( ) gallons is established by multiplying the
• average daily demand by a factor of 30.5, which shall be used to facilitate service billings.
(G). The cost of sanitary sewer service up to the average monthly demand of U
gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from
time to time for commercial customers inside its corporate limits.
(M. The cost of sanitary sewer service for amounts in excess of the established average monthly
demand shall be two hundred percent (200%) of the CITY'S rate as established from time to
time for commercial customers inside its corporate limits.
(1). Nothing contained in this Agreement shall obligate CITY to famish more than the average
monthly demand of C-) gallons. Repeated sanitary sewer delivery greater than
the established average monthly demand may result in termination of service.
(.I). For purposes of billing and compliance with other provisions of this agreement, COMPANY
t, agrees to install a meter to measure the sanitary sewer flow from COMPANY'S facilities.
` COMPANY shall be billed for 100% of the measured flow. CITY shall approve the location
and type of meter. COMPANY agrees that annually or at CITY'S discretion, the meter shall
be calibrated and the results furnished to the CITY. All testing shall be at COMPANY'S
expense.
(K). COMPANY agrees to construct enough sanitary sewer storage on -site to accommodate no less
than four times the average daily demand of sanitary sewer generated from its operations, for
a period of thirty-six hours. COMPANY agrees that during periods when the CITY'S
collection system is surcharged, the CITY may require the suspension of use of the sanitary
sewer system for periods not to exceed thirty-six hours.
(L). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to
COMPANY if an emergency arises and there is not an adequate sewer collection or treatment
capacity to meet the needs of the citizens of La Porte.
(M). COMPANY agrees that it shall be bound by CITY'S Industrial Waste Ordinance (Chapter 74,
Article n of the Code of Ordinances) and any subsequent amendments or revisions.
(N). The total cost for the engineering design and construction of any sanitary sewer main, service
line, lift station, meter or other required appurtenances will be the responsibility of
COMPANY.
(0). COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the
furnishing of sanitary sewer service to customers within the corporate limits of CITY.
(P). All plumbing installed by COMPANY connected to the sanitary sewer line from CITY, shall
meet all applicable State of Texas and CITY plumbing code requirements. CITY'S
engineering and code enforcement personnel shall have the right of prior review and approval
of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing
inspectors shall have the right to inspect any and all work related to the furnishing of sanitary
sewer service to COMPANY.
(ly. There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of
service lines by COMPANY to serve other parties.
(R). COMPANY shall submit a certified site plan showing the total acreage of the tract including
present and proposed improvements and a suitable location map of the site. Comparry's
development project may be subject to certain additional requirements as described in Exhibit A.
These requirements shall be shown on the site plan and approved by City.
V.
All expenses of the installation of meter, if required; 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
including the meter.
VI.
CITY will have ownership and maintenance responsibility for its sanitary sewer mains, and
kw service lines up to COMPANY'S meter. In the event a State or Harris County license, permit, or
permission to install the sanitary sewer main is revoked, or relocation or adjustment is required,
CITY will not be responsible for the expense of such relocation, adjustment, or replacement.
VII
CITY reserves the right of entry at all reasonable times for the purpose of inspection of
COMPANY'S sanitary sewer facilities, and to observe compliance with the terms and conditions of
this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance.
CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility.
VIII.
CITY reserves the right to terminate this agreement in the event of violation of the terms
and provisions hereof by COMPANY. CITY will provide 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 sanitary sewer system is threatened.
IX.
Upon receipt of written notice of termination, COMPANY shall have up to six (6) months
to prepare for transition to another sanitary sewer service provider. If the transition is not complete
within said six-month period, CITY shall have the right to terminate sanitary sewer service at its
sole discretion.
X.
In the event of any conflict between the terms and provisions of this Sanitary Sewer Service
Agreement and the terms and provisions of the Industrial District Agreement between the parties,
the terms and provisions of the Sanitary Sewer Service Agreement shall control, to the extent of
such conflict. The term of this Agreement shall be for five years plus any renewals and extensions
thereof. However, this Agreement shall automatically expire at such time as there is no effective
I Industrial District Agreement between the parties or if CITY exercises its right of termination.
E
ENTERED INTO effective the
y4. J 'a'v
ATTEST:
Martha A. Gillett
City Secretary
APPROVED:
Knox W. Asltins
City Attorney
City Attorney
PO Box 1218
La Porte, TX 77572-1218
day of 1999.
Company
CITY OF LA PORTE
By:
Norman L. Malone
Mayor
By:
Robert T. Herrera
City Manager
City of La Porte
PO Box 1115
LaPorte, TX 77572-1115
•
ibis is E%EHBIT A, consisting of 1 page,
referred to in and part of the Water Service
Agreement and/or Sanitary Sewer Service
Agreement between CITY and COMPANY
dated
Initial:
CITY _
COMPANY
ADDITIONAL REQUIREMENTS -
The Agreement is amended and supplemented to include the following agreement of the
parties. COMPANY shall provide additional improvements as specifically set forth below.
These agreements represent contractual undertakings of COMPANY, undertaken to induce
CITY to sell water to COMPANY pursuant to the terms of the Water Service Agreement
and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements
undertaken by COMPANY are an integral part of the consideration by COMPANY for
obtaining the provision of water and/or sanitary sewer service from CITY.
1) Storm Water Plan: For new development COMPANY shall provide a Storm Water
Management Plan that is approved by Harris County Flood Control District and CITY.
COMPANY shall construct and maintain any storm water system as a condition of
continued water and/or sewer service.
2) Miscellaneous:
40
March 22, 2010
Page 1 of 3
CITY OF LA PORTE
POLICY FOR WATER and/or SANITARY SEWER SERVICE
TO PROPERTIES WITHIN INDUSTRIAL DISTRICTS
Long-range planning considerations by the City of La Porte for its water distribution and sanitary
sewer collection systems did not include the needs of areas located outside of its city limits.
Additionally, the City is under no obligation to provide any utility service(s) to these areas. The City
has developed the following policy regarding limited and restricted utility service(s) to industrial
district companies with Industrial District Agreements on a case -by -case basis.
I. City Consideration for Providing Utility Servicels) requires the Company to submit the
following documentation for review by City Staff and approval by City Council.
• Completed Application for Industrial District Utility Service (see Exhibit "A", attached)
• Sketch or Site Plan illustrating the following:
. Adherence to Rules & Regulations defined in Exhibit "C" of Company's Industrial
District Agreement with the City
• Total Acreage of Owner's property
• Existing and proposed site improvements illustrating limits of utility service(s)
On -Site and Off -Site Water and Sanitary Sewer Service Plan
• HCFCD-approved Stormwater Management Plan (subject to approval by City)
Note I (al: In the case of multi -lot developments, each individual Company will be required to execute individual
agreements with the City as listed in Section II of this policy.
II. City Conditions for Providing Utility Service(s) shall be subject to:
1. Company's execution of an Industrial District Agreement with the City
2. Initial review by City Staff of Company's Application & Supporting Documentation
3. Review and consideration by City Council on a case -by -case basis
4. Company's execution of a Water Service Agreement and/or Sanitary Sewer Service
Agreement with the City
5. Company's execution of a Utility Extension Agreement with the City — in the event City
water and/or sanitary sewer mains not extend to and through owner's frontage
Note II (a): Industrial District properties are limited to one (1) Water Service Agreement and one (1) Sanitary Sewer
Service Agreement per property under a current Industrial District Agreement.
• Note II b : Where applicable, a Company executing a Water and/or Sanitary Sewer Service Agreement with the City
shall pay a pro-rata reimbursement fee for previous installation(s) of utility main(s) extended and funded by other
parties under a previously -executed Utility Extension Agreement. The City will collect a pro-rata reimbursement fee on
behalf of that party based on Company's frontage along subject utility main(s).
March 22, 2010
Page 2 of 3
•III. City Allocation of Water and Sanitary Sewer Service(s) through the term of Company's
agreement is established by use of the following formulas:
• WATER SERVICE:
(Total -Site Employees x 50 gallons per day) x 30.5 days -APPROVED MONTHLY WATER ALLOTMENT
• SANITARY SEWER SERVICE:
APPROVED MONTHLY WATER ALLOTMENT x O.85 = APPROVED MONTHLY SANITARY SEWER
ALLOTMENT
'Site employees = All full-time employees (including full-time contract employees)
Note III (a): Other requested uses are reviewed by staff and approved by Council on a case -by -rase basis
IV. City Billina Rates for Industrial District Utility Service(s):
• The industrial district utility customer shall pay 150% of the prevailing water and sanitary
sewer rate in effect for utility customers within the corporate limits of the City. Water and/or
sanitary sewer usage in excess of the approved monthly amount defined in Company's
Water and/or Sanitary Sewer Service Agreement will be billed at 200% of the prevailing rate
in effect for utility customers within the corporate limits of the City.
• V. Requirements and/or Restrictions of City Utility Service(s):
• City water and sewer service to an industrial district property shall be restricted to domestic
purposes only. Any utilization of City utility service for any other purpose(s) will require
additional review by staff and approval by Council. Additional restrictions may be added.
• Requests of City water for irrigation purposes will be reviewed by Staff and approved by
Council on a case -by -case basis. Water utilized for landscaping purposes must be utilized
as part of Company's Approved Monthly Water Allotment.
• Utility taps are limited to one (1) water and/or one (1) sanitary sewer tap per industrial
district property.
• The City retains the right to inspect any and all work and materials related to furnishing City
water and/or sanitary sewer to Company's site. Company shall ensure access to City's
personnel for compliance with the terms of this policy and the approved agreement(s).
• All related plumbing and utility work shall be properly permitted and shall meet all State and
City code requirements. The City retains the right to inspect any and all work and materials
related to furnishing City water to the Company's site.
• City may require installation of fire hydrants on City water main(s) to improve fire -fighting
• abilities in the area
• A Reduced Pressure Zone (RPZ) backflow preventer shall be installed by Company to
protect the City from any possible cross -connections.
• When required by City, a meter bypass shall be installed.
March 22, 2010
Page 3 of 3
WV industrial
Extensions of City Utility Mains) - in the event adequate utilities are not available to an
industrial district property, utility service(s) will not be recommended unless special provisions
are made and approved for the extension of water and/or sanitary sewer main(s) of proper size
and capacity to meet the present and projected demands of the area. All proposed utility
extensions shall require the Company to coordinate with the City's Engineering Division to
discuss the project and the required extension(s).
Upon review and approval by Council, the Company will be required to:
• Obtain City approval of plans for water and/or sanitary sewer extensions.
• Execute a Utility Extension Agreement with the City.
Note VI (a): Company is responsible for all costs of utility main extension(s). Limited reimbursement to
Company may be possible under the terms of the Company's Utility Extension Agreement with the City.
Note VI b : Company is responsible for securing easement and/or right(s)-of-way for utility extension(s).
The City encourages extensions of its utility mains to be placed within utility easement or easements located
upon private property adjacent to public right-of-way.
VII. Additional Reguirements of City Utility Service - The City Council may include additional
requirements and/or restrictions to Company's Water and/or Sanitary Sewer Service
• Agreement(s) as it deems necessary. These requirements will be listed in Exhibit "A" of the
Company's Agreement(s). To promote specific objectives, goals or policies of the City, the City
Council may require:
specific setbacks and/or lot coverage requirements
• enhanced landscaping along major roadways (i.e. State Highway 225, State Highway 146,
Fairmont Parkway, Bay Area Boulevard, Underwood Rd., etc.)
• pedestrian sidewalks, fencing and/or screening
• other requirements on a case -by -case basis
VIII. Exceptions to this policy:
• Prior unexpired contracts and/or commitments made by the City
City Council has the right to review, modify or enter into other agreements as it deems
necessary.
u
CITY OF LA PORTE PLANNING DEPARTMENT
604 west Fairmont Pa isway, to Porte, TX 77571
Phone: 281471.5020. Fax: 2814705005
wwN.Wponeb.9ov
APPLICATION for WATER 1 SEWER SERVICE to COMPANIES
WITH AN INDUSTRIAL DISTRICT AGREEMENT (IDA)
1.1 COMPANY NAME (per Applicant's IDA w/ DWI
Company Address:
- City Use only -
Ra'dby; Dose:
Time of Initial Review Meeting:
Date of fi temel Review Meeting
Request Mats Policy Guidelines?: Y or N
Date ot'Nusificmion to Company:
2.) `SITE TENANT (d other than "Company"):
Company Name:
Contact Name:
3) PROPERTY DATA (If available indude any survey, plat site Plan map or sketch of the subject site with this form):
`Company's Industrial District Agreement No.: 2007 — IDA -
'SiteAddress:
Site HCADID(s): --- --- --- --- --- --- -- _
Total Site Acreage (Per Exhibit"A' of Company's IDA): Acres
6) SITE FACILITY INFORMATION (If available include any site plan or sketch of the subied facility with this form):
❑ New Construction
Describe ProiecC
❑ New Tenant Requesting Additional Water and/or Sanitary Sewer Allocation
(Specify reason(s) for additional allocation request:
Full-time Regular i Full-time Contract Employees who will occupy this facility.
-Current Amount of Water Allocated to Company by existing Water Service Agreement:
`Current Amount of Sewer Allocated to Company by existing Sewer Service Agreement:
51 WATER SERVICE IS REQUESTED to COMPANY'S SITE FOR THE FOLLOWING PURPOSE(SI:
❑ Domestic Uses (i.e. Drinking, Flushing, Etc.)
❑ Other (describe):
❑ Domestic Uses (i.e. Wastewater from domestic uses)
❑ Other (describe):
Total Full -Time Employees
gallons per month
gallons per month
• If Applicable
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• STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
WATER SERVICE AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a
municipal corporation of Hams County, Texas, hereinafter called "CITY", and
hereinafter called "OWNER".
OWNER is the property owner of certain real property which is situated within the CITY'S
Battleground or Bayport Industrial District and not within the corporate limits of the CITY. CITY
and OWNER are parties to a current Industrial District Agreement.
II.
OWNER is desirous of purchasing potable water from CITY for usual human domestic
uses. 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. OWNER recognizes that
CITY cannot at this time provide permanent and unlimited water service. CITY agrees, however,
to provide limited potable water service to OWNER. For and in consideration of famishing
domestic potable water by CITY, the parties hereto agree as follows, to -wit:
111
OWNER has made certain representations to CITY as to the number of employees that will
be located at the OWNER'S property as of the date of this agreement, upon which representations
CITY has relied in entering into this Agreement.
Upon review of these representations, the City has determined the following:
Number of Full -Time Employees on site
Number of Full -Time Contract Employees on site
Total on -site Full -Time Employees
Potable Water Approved for Domestic Use
(Total on -site Employees times 50 gpd per employee)
• Total Amount of Potable Water Approved for
OWNER (Average Daily Volume, gpd)
CITY has determined that adequate resources are available to CITY to famish potable water
to OWNER based on the following terms and conditions, to -wit:
y � coaacc4z.a
(A) OWNER shall pay to CITY a one-time administrative fee of $
(B)The total amount of potable water approved to OWNER is established at
(_) lons a This number is based on an average of
fifty (50) gallons per employee per day established by CITY
(C) The average monthly volume of ( ) gallons is established by
C) multiplying the average daily volume by a factor of 30.5, which shall be used to facilitate
CITY'S utility service billings.
(D) at us fo3-purposes otthh—era n human consumption shall bey limite'Mo�.tl- fol g:
(E) Nothing contained in this Agreement shall obligate CITY to famish more than the average
monthly volume of (—) gallons. Repeated consumption greater than
G the established average monthly volume may result in termination of service.
afr ty
• (F) OWNER shall file an application for water service wi CITY' Utih Bi ' Division d pay
the standard CITY deposi water tap and/or meter c e. s be response e
s g and installing meter at R'S ex WNER shall be responsible for
installine aooropriate meter box to-igapproved by City. r----
(G) The cost of water up to the average monthly volume of (—) gallons
shall be one hundred fifty percent (150%) of the Cf1Y'S rate as established from time to time
for commercial customers inside its corporate limits.
(H)The cost of water for amounts used in excess of the established average monthly volume shall
be two hundred percent (200%) of the CrIY'S rate as established from time to time for
commercial customers inside its corporate limits.
(I) OWNER shall submit a preliminary site plan showing the total acreage of the tract including
present and proposed improvements and a suitable location map of the site. OWNER'S
development may be subject to certain additional requirements as described in Exhibit A.
These requirements shall be shown on the final site plan and approved by City.
(.I) All plumbing installed by OWNER connected to the domestic water line from CITY, shall meet
��rlicaNe State of Texas and CITY plumbing code requirements.
°S .3 ,
(K)A reduced pressure zone backflow preventer shall be installed and maintained by OWNER to
40 0 protect CITY from any possible cross -connections.
3
• (L) Installation of on-site
g er rag s be e ed WN by CITY prior to
construction Ana rove ater s[o a tank l be b WNER to allow CITY
monno of water usa d com with e f 's is
(M) f) The potable water supply system will be segregated from any existing and future fire
protection system.
(N) The total cost for the engineering design and construction of any potable water main, service
eme, back flow preventey meter or other required appurtenances will be the responsibility of
OWNER.
(0)OWNER agrees to be bound by all applicable ordinances of CITY, relative to the furnishing of
k potable water to customers within the corporate limits of CITY.
(P) There shall be no resale of water provided by CITY, nor any extension of service lines by
O OWNER to serve other parties.
(Q)CITY'S personnel shall have the right of prior review and approval of OWNER'S plans and
specifications for the plumbing system(s). CITY shall have the right to inspect any and all work
related to the furnishing of potable water to OWNER.
(R) CITY shall have the right to interrupt or temporarily suspend said water service to OWNER if
• ..t an emergency arises and there is not an adequate water supply to meet the needs of the citizens
/1 of La Porte.
(S) CITY reserves the right to enforce its drought contingency plan on all water customers at
If, CITY'S sole discretion.
(T) CITY does not guarantee its water system to provide specific water pressure and/or water
Qvolume requirements of OWNER. Aq
(U) Where applicable, OWNER shall also pay to CITY $ a
pro-rata reimbursement for installation of water mains funded by other parties. �p
V. �OG
All expenses of the installation of the meter; service lines from the main to the meter; and
from the meter to OWNER'S facilities, shall be solely at the expense of OWNER. OWNER shall
own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the
meter.
VI. / ✓"
hi the event a State or 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.
• Vfl. 5 µ <-
CITY reserves the right of entry at all reasonable times for the purpose of inspection of
OWNER'S water facilities, reading its water meter(s) and to observe compliance with the terms
and conditions of this Agreement. When exercising its right of entry, CITY shall notify OWNER
in advance. CITY also agrees to follow established health and safety policies in effect at
OWNER'S facility.
VIII. e `-
CITY reserves the right to terminate this agreement in the event of violation of the terms
and provisions hereof by OWNER. CITY will provide OWNER with written notice of any defects
and OWNER shall have the opportunity to cure any defects. Failure to correct defects within ten
(10) calendar days from date of written notice by CITY may result in termination of Agreement.
CITY shall have the right to summarily correct, at OWNER'S expense, any defect or deficiency,
when in its opinion the integrity of the public water supply is threatened.
DC. � 04 (.
Upon receipt of written notice of termination, OWNER shall have up to six (6) months to
prepare for transition to another water supply. If the transition is not complete within said six-
month period, CITY shall have the right to terminate water service at its sole discretion.
• X. PIXAC
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 patties,
the terms and provisions of the Water Service Agreement shall control, to the extent of such
conflict. The term of this Agreement shall expire on plus
any renewals and extensions thereof. However, this Agreement shall automatically expire at such
time m there is no effective Industrial District Agreement between the parties or if CITY exercises
its right of termination.
ENTERED INTO effective the day of
OWNER'S SIGNATURE
Printed Name:
Owner's Company:
Owner's Title:
Owner's Address:
J
•
ATTEST:
Martha A. Gillett
City Secretary
APPROVED:
Knox W. Askins
City Attorney
•
0
LE
CITY OF LA PORTE
Barry Beasley
Mayor
Ron Bottoms
City Manager
• This is EXHIBIT A, consisting of I page,
referred to in and part of the Water Service
Agreement between CITY and OWNER
dated
Initial:
CITY
OWNER
ADDITIONAL REQUIREMENTS 0.i Cl�i�J
The Agreement is amended and supplemented to include the following agreement o e parties.
OWNER shall provide additional improvements as specifically set forth b ow. These
improvements represent contractual undertakings of OWNERrundertaken top4tide CITY to sell
water to OWNER pursuant to the terms of the Water Service Agreement and this addendum
Said additional improvements undertaken by OWNER are an integral part of consideration by
CITY to provide water service to OWNER.
•
In
M
u
STATE OF TEXAS
• COUNTY OF HARRIS
CITY OF LA PORTE
SANITARY SEWER 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
hereinafter called "OWNER".
OWNER is the owner of certain real property, which is situated in CTTYS Battleground or
Bayport Industrial District and not within the corporate limits of the CITY. CITY and OWNER are
parties to a current Industrial District Agreement.
n.
OWNER is desirous of purchasing sanitary sewer service from CITY for usual human
• domestic uses. OWNER recognizes that CITY cannot at this time provide permanent and
unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service
to OWNER. For and in consideration of furnishing sanitary sewer service by CITY, the parties
hereto agree as follows, to -wit:
In.
OWNER has made certain representations to CITY as to the number of employees, as of the
date of this agreement, upon which representations CITY has relied in entering into this Agreement.
Upon review of these representations, the City has determined the following.
Number of Employees on -site
Number of Contract Employees
Total on -site Employees
Sanitary Sewer Desired for Domestic Use
(Total on -site times 50 gpd per employee)
Total Amount of Sanitary Sewer Approved
• For OWNER (Average Daily Volume, gpd)
Iv.
CITY has determined that adequate facilities are available to allow CITY to famish sanitary
sewer to OWNER based on the following terms and conditions, to -wit:
(A). OWNER shall pay to CITY a one-time administrative connection charge of $
OWNER shall file an application for sari sewer se ce with CITY'S Utility Billing
Division and pay appropriate deposit.fllu.>c-
(C . The average daily volume is established at U gallons per day. This number
( is based on an average of fifty (50) gallons per employee per day established by CITY.
(D). The average monthly volume is calculated to be eighty-five percent (85%) of the average daily
(0 volume multiplied by a factor of 30.5, which shall be used to facilitate service billings.
(\E). The cost of sanitary sewer service up to the average monthly volume of
(.. ) gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from
time to time for commercial customers inside its corporate limits.
(F). The cost of sanitary sewer service for amounts in excess of the established average monthly
volume shall be two hundred percent (200%) of the CITY'S rate as established from time to
is
time for commercial customers inside its corporate limits.
(G). Nothing contained in this Agreement shall obligate CITY to famish more than the average
monthly volume of C_). Repeated sanitary sewer delivery
greater than the established average monthly volume may result in termination of service.
(H). OWNER agrees that during periods when the CITY'S collection system is surcharged, the
CITY may require the suspension of use of the sanitary sewer system for periods not to exceed
thirty-six hours.
(1). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to
OWNER if an emergency arises and there is not an adequate sewer collection or treatment
capacity to meet the needs of the citizens of La Porte.
(.I). OWNER shall file application with CITY for an Industrial Waste Permit and agrees to be
,f bound by CITY'S Industrial Waste Ordinance (Chapter 74, Article 11 of the Code of
P Ordinances) and any subsequent amendments or revisions.
(K). The total cost for the engineering design and construction of any sanitary sewer main, service
)C, line, lift station, meter or other required appurtenances will be the responsibility of OWNER.
(L). OWNER agrees that it shall be bound by all applicable ordinances of CITY, relative to the
• V furnishing of sanitary sewer service to customers within the corporate limits of CITY.
(M). Owner shall install a sanitary sewer sampling well'n accordance with CITY's standards.
GkwBa� ��
• (N). All plumbing installed by OWNER connected to the sanitary sewer line from CITY, shall
K meet all applicable State of Texas and CITY plumbing code requirements. C IY'S
engineering and code enforcement personnel shall have the right of prior review and approval
of OWNERS plans and specifications for the plumbing system(s). CITY plumbing inspectors
shall have the right to inspect any and all work related to the famishing of sanitary sewer
service to OWNER.
(0). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of
a service lines by OWNER to serve other parties.
(P). OWNER shall submit a certified site plan showing the total acreage of the tract including
present and proposed improvements and a suitable location map of the site. OWNER'S
d development project may be subject to certain additional requirements as described in Exhibit
"A", attached. These requirements shall be shown on the site plan and approved by City.
V.'-�
All expenses of the installation of service lines from the main to the OWNER'S facilities
shall be solely at the expense of OWNER. OWNER shall own and maintain all service lines and
plumbing facilities.
V1.
• In the event a State or Harris County license, permit, or permission to install the sanitary
sewer main is revoked, or relocation or adjustment is required, CITY will not be responsible for the
expense of such relocation, adjustment, or replacement.
VII. ✓
CITY reserves the right of entry at all reasonable times for the purpose of inspection of
OWNER'S sanitary sewer facilities, and to observe compliance with the terms and conditions of
this Agreement. When exercising its right of entry, CITY shall notify OWNER in advance. CITY
also agrees to follow established health and safety policies in effect at OWNER'S facility.
CITY reserves the right to terminate this agreement in the event of violation of the terms
and provisions hereof by OWNER. CITY will provide OWNER with written notice of any defects
and OWNER shall have the opportunity to cure any defects. Failure to correct defects within ten
(10) days may result in temtination of Agreement. CITY shall have the right to summarily correct,
at OWNER'S expense, any defect or deficiency, when in its opinion the integrity of the public
sanitary sewer system is threatened.
IX./
® Upon receipt of written notice of termination, OWNER shall have up to six (6) months to
prepare for transition to another sanitary sewer service provider. If the transition is not complete
within said six-month period, CITY shall have the right to terminate sanitary sewer service at its
• sole discretion.
X.
In the event of any conflict between the terms and provisions of this Sanitary Sewer Service
Agreement and the terms and provisions of the Industrial District Agreement between the parties,
the terms and provisions of the Sanitary Sewer Service Agreement shall control, to the extent of
such conflict. The term of this Agreement shall terminate on
However, this Agreement shall automatically expire at such time as there is no effective Industrial
District Agreement between the parties or if CITY exercises its right of termination.
ENTERED INTO effective the day of
OWNER'S SIGNATURE
• Printed Name:
Owner's Company:
Owner's Title:
Owner's Address:
0
ATTEST:
CITY OF LA PORTE
Martha A. Gillett Barry Beasley
City Secretary Mayor
Clark T. Askins Ron Bottoms
• City Attorney City Manager
n
This is EXHIBIT A, consisting of I page,
referred to in and part of the Sanitary Sewer Service
Agreement between CITY and OWNER
dated
CITY
OWNER
Initial:
ADDITIONAL REQUIREMENTS
The Agreement is amended and supplemented to include the following agreement of the parties.
OWNER shall provide additional improvements as specifically set forth These
movements represent contractual undertakings of OWNER, undertaken mdude Cl to sell
• (watep._ OWNER pursuant to the terms of the Sanitary Sewer Se greement and this
fiend S q/
Said addiho ml;2vyfnents undertaken by OWNER are an integral part of consideration by
CITY to provide sani sewer service to OWNER.
•
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: 4/26/10
Source of Funds: SOURCE
Requested By: Stacey Osborne
Account Number: 038-6030-565-30.01
Department: Administration
Amount Budgeted: $20,000
Report: Resolution: Ordinance:
Amount Requested: $20,000
Budgeted Item: YES NO
Exhibits: Agreement with Bay Area Houston
Exhibits: Proposal for Economic Development
Services (Exhibit A to Agreement)
Exhibits:
SUMMARY&RECOMMENDATION
Bay Area Houston Economic Partnership has focused their efforts on providing services to the City of La Porte and
other cities/areas along the ship channel.Their contract is up for renewal.The La Porte Economic Development
Corporation voted to approve this contract at their meeting on February 1,2010.The contract approval was listed on
the Council Consent Agenda on February 8,2010 and Council tabled the vote and requested a presentation from
BAHEP.Three representatives from BAHEP gave a presentation at the Council meeting on March 8.It went before
Council for approval on March 22 and no action was taken because the vote was tied,four for and fora against We
are asking Council to once again consider approving the agreement.
Contract Details:
The fee is$20,000 per year,payable in two installments, l'within 30 days of effective date of Agreement and 2°°
within 30 days of the semi-annual meeting and first progress report.
The term of the Agreement is for 3 years.It includes provisions for termination of convenience at any time by
the City and termination for cause at any time by either the City or Bay Area Houston.
Action Required by Council:
Consider approval of the Agreement with Bay Area Houston Economic Partnership to provide economic
Bevel cut services.
Appro d f r City uncil Agenda
Ron Bottoms,City Manager date `J
AGREEMENT
THIS AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES ("Agreement"),
as described in PROPOSAL (Exhibit A) TO THE CITY OF LA PORTE is made
effective as of the Effective Date (defined below)between the City of La Porte("City")
and the Bay Area Houston Economic Partnership ("Contractor"), a Texas 501 (c)(6)
not for profit organization.
Contract Term:
This Agreement is effective on the Effective Date and remains in effect for three (3)
years thereafter,unless sooner terminated under this agreement.
Services:
Contractor agrees to provide the services described in Exhibit A.
Payment Term:
The City shall pay $20,000 per year, in semi-annual installments, for Contractor's
economic development services rendered under this Agreement. Initial payment to
Contractor is due within thirty-(30)days of the Effective Date.
Effective Date:
This Agreement shall be effective as of January 1,2010
Termination for Convenience by the City:
The City may terminate this Agreement at any time by giving 30 days' written notice to
Contractor. The City's right to terminate this Agreement for convenience is cumulative
of all rights and remedies,which exist now or in the future.
On receiving the notice,Contractor shall,unless the notice directs otherwise, immediately
discontinue all services under this Agreement and cancel all existing orders and
subcontracts that are chargeable to this Agreement. As soon as practicable after receiving
the termination notice the City shall then honor payment terms for services rendered
under this agreement unless the fees exceed the allocated funds remaining under this
Agreement.
TERMINATION OF THIS AGREEMENT AND RECEIPT OF PAYMENT FOR
SERVICES RENDERED ARE CONTRACTOR'S ONLY REMEDIES FOR THE
CORPORATION'S TERMINATION FOR CONVENIENCE, WHICH DOES NOT
CONSTITUTE A DEFAULT OR BREACH OF THIS AGREEMENT. CONTRACTOR
I
WANES ANY CLAIM(OTHER THAN ITS CLAIM FOR PAYMENT AS SPECIFIED
IN THIS SECTION), IT MAY HAVE NOW OR IN THE FUTURE FOR FINANCIAL
LOSSES OR OTHER DAMAGES RESULTING FROM THE CITY'S TERMINATION
FOR CONVENIENCE.
Termination for Cause by Contractor:
Contractor may terminate its performance under this Agreement only if the City defaults
and fails to cure the default after receiving written notice of it. Default by the City occurs
if the City fails to perform one or more of its material duties under this Agreement. If a
default occurs and Contractor wishes to terminate the Agreement, then Contractor must
deliver a written notice to the city manager describing the default and the proposed
termination date. The date must be at least 30 days after the city manager receives notice.
Contractor, at its sole option,may extend the proposed termination date to a later date. If
the City cures the default before the proposed termination date, then the proposed
termination is ineffective. If the City does not cure the default before the proposed
termination date,then Contractor may terminate its performance under this Agreement on
the termination date. To effect final termination, the contractor must notify the city
manager in writing.
Termination for Cause by City:
If Contractor defaults under this Agreement, the city manager may either terminate this
Agreement or allow Contractor to cure the default as provided below. The City's right to
terminate this Agreement for Contractor's default is cumulative of all rights and
remedies,which exist now or in the future. Default by Contractor occurs if:
(I) Contractor fails to perform any of its duties under this Agreement;
(2) Contractor becomes insolvent;
(3) all or a substantial part of Contractor's assets are assigned for the benefit of
its creditors; or
(4) a receiver or trustee is appointed for Contractor.
If a default occurs, the city manager may,but is not obligated to, deliver a written notice
to Contractor describing the default and the termination date. The city manager, at his or
her sole option may extend the termination date to a later date. If the city manager allows
Contractor to cure the default and Contractor does so to the city manager's satisfaction
before the termination date, then the termination is ineffective. If Contractor does not
cure the default before the termination date, then the city manager may terminate this
Agreement on the termination date,at no further obligation of the Corporation.
To effect final termination, the city manager must notify Contractor in writing. After
receiving the notice, Contractor shall, unless the notice directs otherwise, immediately
discontinue all services under this Agreement, and promptly cancel all orders or
subcontracts chargeable to this Agreement.
2
Signatures:
The Parties have executed this Agreement in multiple copies, each of which is an
original.
ATTEST/SEAL: BAY AREA HOUSTON ECONOMIC
CINDYL.PERIDNS PARTNERSHIP
My Co'n.201 GMs
Mey 2�8p2011 f�
By: 1- • / . '-xoy:
Name: Cindy Ckrkins Bob Mitchell
Title: Office Manager President
AM CITY OF LA PORTE
By.
Marta A. Gillett N�CIJ Ron ttoms
City Secretary City Manager
3
Exhibit A
1. Bay Area Houston Economic Partnership will assist the City of La Porte to
work within the established framework as outlined in the City of La
Porte's 2000-2020 Comprehensive Plan.
• Provide the City of La Porte direct access to Bay Area Houston
Economic Partnership's research capability for information regarding
studies, forward planning and research.
• Attract diversified industry that will contribute to the tax base as well
as provide jobs for a variety of diverse workers in the community
without conflicting with other land uses in La Porte,while
encouraging younger citizens to remain in the community.
• Ensure that all existing and future commercial development is
attractive,highly utilized and without negative influence on adjacent
residential uses.
• Facilitate meetings with county and state officials in order to develop a
positive working relationship;in regards to mutual goals for
development of lands and thoroughfares within the city limits.
• Assist the City of La Porte to improve the community character of La
Porte to make it a more desirable place to live,work and visit.
2. Utilize Comprehensive Plan objectives to assist the City of La Porte
achieve economic development goals.
3. Include the City of La Porte in specific Bay Area Houston Economic
Partnership communications,as follows:
• Inclusion of City La Porte material on the Bay Area Houston
Economic Partnership Web site.
• Inclusion of the City of La Porte in Bay Area Houston Economic
Partnership printed materials and electronic newsletters.
• Advise the City of La Porte in development of marketing materials
for the city Web site and for print and video distribution.
4. Include the Mayor,other elected officials or city staff in two CEO visits
per year.
5. Coordinate representation of the City of La Porte at two trade shows per
year,with Bay Area Houston Economic Partnership staff working
separately with city staff on the best methods to promote the City of La
Porte's economic development objectives.
6. Include the City of La Porte and local businesses in four business
workshops, seminars or similar programs each year.
7. Continue to engage industry representatives from the industrial complex,
City of La Porte and Bay Area Houston Economic Partnership to identify
constraints and barriers to economic vitality of the petrochemical industry
and determine appropriate resolution.
8. Along with an annual written report documenting progress,Bay Area
Houston Economic Partnership representatives will meet every six months
with the Mayor of the City of La Porte and/or his designated
representative(s).
4
O A
w
v V in
TEXAS
Proposal to the City of La Porte
for
Economic Development Services
Submitted
by
Bay Area Houston
Economic Partnership
December 1, 2009
BAY AREA HOUSTON ECONOMIC PARTNERSHIP
Bay Area Houston Economic Partnership is a 501 (c)(6) not for profit organization
focusing on the growth of the region through retention, expansion, plus recruitment of
high performance jobs and business. The current service area includes the City of La
Porte and the Bayport Industrial Complex on the east, Ellington Airport and City of
Pasadena on the north,the City of Friendswood on the west and the City of Dickinson on
the south. The region encompasses parts or all of 13 cities which included the southeast
portion of Houston and parts of two counties. The estimated population for 2008 of the
Bay Area Houston region is 416,369(Source: Sites on Texas).
Bay Area Houston Economic Partnership currently has more than 260 members
employing over 170,000 people who reside in Harris and Galveston counties, including
the economic partner cities of La Porte, Clear Lake Shores, Dickinson, El Lago,
Friendswood, Houston, Kemah, League City, Nassau Bay, Pasadena, Seabrook, Taylor
Lake Village and Webster. Private and public partners include those in the aerospace and
specialty chemical industries, as well as real estate brokers and developers, banks,
healthcare and education.
PURPOSE
As the City of La Porte continues to focus on diversity and expanding the economy, the
Bay Area Houston Economic Partnership looks forward to continuing its partnership with
the City of La Porte and assisting in the continued development and implementation of an
enhanced economic development strategy.
ECONOMIC DEVELOPMENT SERVICES
Economic Development Goals and Direction
Bay Area Houston Economic Partnership will provide the following services:
a. Assist the City of La Porte in setting economic development goals and objectives.
b. Recommend policies, processes, and procedures that enable City of La Porte to
successfully compete for new business within our target industries but not limited
to Aerospace,Biotechnology and Specialty Chemicals.
c. Alert City of La Porte of potential loss or addition of business due to changes in
policy, State or federal law,or other impacts.
d. Develop business linkages for City of La Porte, given the city's economic
development goals.
e. Provide opportunities for City of La Porte officials to sit on Bay Area Houston
Economic Partnership committees.
f. Consult with City of La Porte officials or their designees on issues related to
economic development.
g. Create, expand, or nurture partnerships with other municipalities or agencies to
promote and enhance the City La Porte's economic development strategy.
h. Include the City of La Porte in any and all discussions hosted by Bay Area
Houston Economic Partnership with its allies that are related to regional economic
development issues.
Economic Development Marketing and Sales
Bay Area Houston Economic Partnership will provide the following services:
a. Organize and conduct coordinated marketing and sales programs that build from
the City of La Porte's strengths to influence positively the national and
international decision makers who decide where to locate,relocate,or expand.
b. Target and recruit businesses and companies most likely to result in business
location,relocation,and expansion.
c. Solicit jobs from employers that result in a broader,more diversified tax base.
d. Assist the City of La Porte in the development of a city plan for economic
development.
e. Provide relevant background information about the City of La Porte, the region,
and the State of Texas,as appropriate to the business opportunity.
f. Invite City of La Porte officials to meetings with executives who are interested in
business location,relocation,and expansion.
g. Coordinate City of La Porte in the Bay Area Houston comprehensive
communications program geared to national and international business
opportunities through conferences, advertising, and other means of disseminating
information about the City of La Porte's business climate and business activities.
BusinessAssirtame Programs
Bay Area Houston Economic Partnership will provide the following services:
a. Include City of La Porte officials and business persons in workshops, seminars,
programs, and other educational or training programs designed to assist the City
in promoting new business development, start-up business, entrepreneurship,
business expansion,and other business assistance ventures.
b. Include the City of La Porte representatives in business development activities.
Special Services
Bay Area Houston Economic Partnership will provide the following additional
special services at no cost to the city:
a. Collaborate with the economic development director and other regional
organizations to protect and grow the Ellington Airport assets and expand the
military presence at Ellington Field. BAHEP will work with the Houston Airport
System broker and Colliers International,to market Ellington Airport and perform
economic development activities to protect and grow assets related to aerospace.
BAHEP through the Ellington Field Task Force will work with local businesses
and elected officials in a strategic manner focusing on areas which most
substantially benefit the military presence at Ellington Field. Such as including
Alert Fighter aircraft replacement,Predator unmanned aerial vehicles,quality of
life for Joint Armed Forces Reserve Base,and Regional Homeland Security
Defense Operations Center.
b. BAHEP will develop a plan and work to secure a Space Shuttle Orbiter for
display near the City of La Porte when the Space Shuttle fleet is retired in 2010.
BAHEP will collaborate with public and private organizations to secure funding
for transport and installation of the orbiter in its new Bay Area Houston home.
c. BAHEP's International Maritime Advisory Committee will work with the
surrounding districts to develop curriculum for new maritime classes to be offered
at the high school level. This initiative is the first step in developing an education
pipeline that will include San Jacinto College District,Texas A&M Galveston and
University of Houston—Clear Lake to meet the growing workforce demand by
the region's maritime industry.
FUNDING USES
Funding will be used specifically for the economic development services stated below:
"Deliverables"
1. Bay Area Houston Economic Partnership will assist the City of La Porte to
work within the established framework as outlined in the City of La
Porte's 2000-2020 Comprehensive Plan.
• Provide the City of La Porte direct access to Bay Area Houston
Economic Partnership's research capability for information regarding
studies,forward planning and research.
• Attract diversified industry that will contribute to the tax base as well
as provide jobs for a variety of diverse workers in the community
without conflicting with other land uses in La Porte,while
encouraging younger citizens to remain in the community.
• Ensure that all existing and future commercial development is
attractive,highly utilized and without negative influence on adjacent
residential uses.
• Facilitate meetings with county and state officials in order to develop a
positive working relationship; in regards to mutual goals for
development of lands and thoroughfares within the city limits.
• Assist the City of La Porte to improve the community character of La
Porte to make it a more desirable place to live,work and visit.
2. Utilize Comprehensive Plan objectives to assist the City of La Porte
achieve economic development goals.
3. Include the City of La Porte in specific Bay Area Houston Economic
Partnership communications,as follows:
• Inclusion of City La Porte material on the Bay Area Houston
Economic Partnership Web site.
• Inclusion of the City of La Porte in Bay Area Houston Economic
Partnership printed materials and electronic newsletters.
• Advise the City of La Porte in development of marketing materials
for the city Web site and for print and video distribution.
4. Include the Mayor,other elected officials or city staff in two CEO visits
per year.
5. Coordinate representation of the City of La Porte at two trade shows per
year,with Bay Area Houston Economic Partnership staff working
separately with city staff on the best methods to promote the City of La
Porte's economic development objectives.
6. Include the City of La Porte and local businesses in four business
workshops,seminars or similar programs each year.
7. Continue to engage industry representatives from the industrial complex,
City of La Porte and Bay Area Houston Economic Partnership to identify
constraints and barriers to economic vitality of the petrochemical industry
and determine appropriate resolution.
8. Along with an annual written report documenting progress,Bay Area
Houston Economic Partnership representatives will meet every six months
with the Mayor of the City of La Porte and/or his designated
representative(s).
FUNDING REQUEST
Bay Area Houston Economic Partnership is requesting a three-year funding partnership
with the City of La Porte, at an investment level of$20,000 per year for several specific
economic development services as outlined above,which will directly benefit the City of
La Porte and its extra territorial jurisdiction (ETJ). The funding will be paid in semi-
annual installments per year.
Opt!oniiEconomit Development Service
Bay Area Houston Economic Partnership is proposing to provide a service over and
above the service level the City of La Porte is receiving with its membership.
If the City of La Porte desires to expand its scope of work with Bay Area Houston
Economic Partnership, this economic development tool will be provided, for additional
funding, as agreed upon by the City of La Porte and Bay Area Houston Economic
Partnership.
Space Alliance Technology Outreach Program Business Retention Tool -
$2,500/year
The Space Alliance Technology Outreach Program (SATOP) staff will assist La Porte's
initiatives in business retention and expansion by participating in city-sponsored business
visits and marketing the program to the city's small businesses. Bay Area Houston
Economic Partnership will provide the services of SATOP to small businesses through
free technical assistance from its Alliance Partner engineers. SATOP has assembled a
unique network of engineers and scientists from NASA field centers, aerospace
contractors, colleges and universities to provide up to 40 engineering hours of free
technical assistance to provide solutions to technical problems. The program provides
businesses with access to knowledge, skills and materials that were previously unknown
or unavailable to the private sector.