HomeMy WebLinkAbout1978-07-05 Regular Meeting• •
• MINUTES - REGULAR MEETING
OF THE
LA PORTE CITY COMMISSION, LA PORTE, TEXAS
JULY 5, 1978
7:00 P.M.
MEMBERS OF THE COMMISSION PRESENT: Mayor J. J. Meza;
Commissioners John Tomerlin, and I. J. Kibodeaux.
MEMBERS OF THE COMMISSION ABSENT: Commissioner Virginia Cline,
Vacationing; Commissioner Tom Simons, Hospitalized.
OTHER CITY OFFICIALS PRESENT: J. R. Hudgens, City Administrator;
Margie Goyen, City Clerk; Gail Hamilton, Assistant City Attorney;
• Paul Hickenbottom, Fire Inspector; Stan Sherwood, Director of
Parks & Recreation; Gerard Nutting, Director of Public Works;
Al Steckman, Inspector.
OTHER CITY OFFICIALS ABSENT: D. R. McLaughlin, Fire Marshal.
OTHERS: David Corbin of Busch, Hutchison & Associates, Inc.,
Consulting Engineers. H. Carlos Smith, Engineer; Jimmy R. Spradling,
citizen.
PRESIDING: Mayor J. J. Meza.
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1. CALL TO ORDER - Mayor Meza called the meeting to order.
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• 2. INVOCATION - The invocation was given by Commissioner Tomerlin.
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• Regular Meeting 7/5/78 2
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3. APPROVAL OF MINUTES - JOINT PUBLIC HEARING AND' REGULAR MEETING
OF JUNE 21, 1978 - Motion y Commissioner Tomerlin, seconde y
Commissioner Kibodeaux to approve the minutes of the Joint
Public Hearing and Regular Meeting of June 21, 1978, as presented.
Motion carried by the following vote;
AYES: Mayor Meza and Commissioners Tomerlin and Kibodeaux.
NAYS: None.
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4. CONSIDER AWARDING` BID - ONE '19`78' 4-WHEEL DRIVE P`ICK~UP
TRUCK FOR THE FIRE DEPARTMENT ~ Motion by Commissioner Kibodeaux,
seconded by Commissioner Tomerlin to accept the recommendation
of the Fire Chief and award the bid for one 1978 4-wheel drive
pick-up to the low bidder, Jay Marks Chevrolet in the amount of
$5,681.90. Motion carried by the following vote:
AYES: Mayor Meza and Commissioners Tomerlin and Kibodeaux.
NAYS: None.
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5. CONSIDER AWARDING BID -'AUTOMATIC SWITCHING DEVICE'FOR
POLICE DEPARTMENT ~ Motion by Commissioner Tomerlin, seconded
by Commissioner .Kibodeaux to accept the recommendation of the
Chief of Police and award the bid for the automatic switching
device to the low bidder, Houston Electrical Distributing
Co., Inc., in the amount of $2,550.00. Motion carried by the
following vote:
AYES: Mayor Meza and Commissioners Tomerlin and Kibodeaux.
NAYS: None.
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6. CONSIDER APPROVING'PROPOSED ORDINANCE NO. 780-PB'-'.R'EZONING
LOTS 13, 14, 15, AND l~, BLOCK 13'Z3, TOWN OF LA PbRTE FROM
RESIDENTIAL TO "C" APARTMENT AND COMMERCIAL - After the
proposed ordinance was read in full, motion by Commissioner
Kibodeaux, seconded by Commissioner Tomerlin to approve
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• Regular Meeting 7/5/78
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6. CONSIDER APPROV'ING' PROPOSED ORDINANCE N0. 780-PP - REZONING
LOTS 13, 14, 15, AND 16, BLOCK 1373, TOWN OF LA PORTS FROM
RESIDENTIAL TO "C" APARTMENT AND COMMERCIAL (CONTINUED
Ordinance No. 780-PP as read. Motion carried by the following
vote:
AYES: Mayor Meza and Commissioners Tomerlin and Kibodeaux.
NAYS: None.
CAPTION: AN ORDINANCE AMENDING ORDINANCE NO. 780, THE CITY OF
LA PORTS ZONING ORDINANCE, BY CHANGING THE CLASSIFICATION OF
THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
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7. VISITORS - MR. J, R. SPRADLING - interrupted the order of business
to ask about visitors wishing to address the Commission, when,
• they had an opportunity to speak since it had been removed from
the agenda.
MR. H. CARLOS SMITH - arose and asked that consideration be
given to allow citizens to address the Commission either in
regular meetings or work shops.
Commissioner Tomerlin informed the gentlemen that they still
had the right to address the Commission. Since we now have
a City Administrator, the Commission requested that citizens
first speak with the City Administrator and he then in turn
would direct items to be placed on the agenda if he could not
resolve the problems.
Mayor Meza stated that Mr. Spradling and Mr. Smith could speak
after the regular order of business had been completed.
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8. CONSIDER FINAL ACCEPTANCE OF SECTION 3, FAIRMONT PARK -
The City Administrator stated that two inspections had been
made and all deficiencies had been corrected and recommended
final acceptance. A copy of the recommendation is attached and
• made a part of these minutes.
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• Regular Meeting 7/5/78 4
8. CONSIDER FINAL ACCEPTANCE OF SECTION 3, FAIRMONT PARK (CONTINUED)
Commissioner Tomerlin asked if the park land requirement had
been satisfied as per the ordinance for Section 3?
It was determined that Section II of Fairmont Park had been
previously approved. Because of financing for such a large
plat, Section II had been broken down to become Section II,
Section III, and Section IV; therefore Section III had been
approved prior to the ordinance requiring the park site.
Mr. Carlos Smith stated that plans for Section V will have
sufficient park land to handle Section II, III, and IV
requirements.
Motion by Commissioner Tomerlin, seconded by Commissioner
Kibodeaux to approve final acceptance of Section III, Fairmont
Park. Motion carried by the following vote:
AYES: Mayor Meza and Commissioners Tomerlin, and Kibodeaux.
NAYS: None.
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9. CONSIDER APPROVING FINAL PLAT OF FAIRMONT PARK, SECTION 4 -
Motion by Commissioner Kibodeaux, seconded by Commissioner
Tomerlin to approve the final plat of Fairmont Park, Section 4.
Motion carried by the following vote:
AYES: Mayor Meza and Commissioners Tomerlin, and Kibodeaux.
NAYS: None.
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10. CONSIDER APPROVING FINAL PLAT OF CREEKMONT - It was determined
that a park site had been set aside in Section II of Creekmont
to meet the requirements of Section I. Motion by Commissioner
Tomerlin, seconded by Commissioner Kibodeaux to approve the
final plat of Creekmont. Motion carried by the following vote:
AYES: Mayor Meza and Commissioners Tomerlin, and Kibodeaux.
NAYS: None.
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• Regular Meeting 7/5/78 5
11. CONSIDER FORMAL ACCEPTANCE OF CHEMLIME (16TH STREET) SANITARY
SEWER LINE - Motion by Commissioner Tomerlin, seconded by
Commissioner Kibodeaux to made formal acceptance of Chemlime
(16th Street) Sanitary Sewer Line, subject to the County being
satisfied with the road repairs. Verbal approval has been given.
Motion carried by the following vote:
AYES: Mayor Meza and Commissioners Tomerlin, and Kibodeaux.
NAYS: None.
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12. CONSIDER AUTHORIZING MAYOR TO EXECUTE SANITARY SEWER SERVICE
CONTRACT WITH SPENWICK - Mr. H. Carlos Smith was recognized and
stated that when Creekmont, Fairmont Park and Glen Meadows is
completely built out, the sewer plant will be at capacity and
was not in favor of the Commission contracting with Spenwick
or anyone else.
There was a brief discussion and comments by the representative
• from Busch, Hutchison, the City Administrator and the Mayor
regarding the commitment the City had made in the past to handle
Spenwick's effluent; further that they were in the process of
obtaining a grant due to this commitment.
It was further determined that La Porte expects to receive
funding of Step II and Step III grant funds in the next two to
three years.
Motion by Commissioner Tomerlin, seconded by Commissioner
Kibodeaux to authorize the Mayor to execute the Sanitary Sewer
Service Contract with Spenwick. A copy of the contract is
attached and made a part of these minutes. Motion carried by
the following vote:
AYES: Mayor Meza and Commissioners Tomerlin, and Kibodeaux.
NAYS: None.
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13. ADMINISTRATIVE REPORTS - None.
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• Regular Meeting 7/5/78 6
14. COUNCIL ACTION - None.
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15. VISITORS WISHING TO ADDRESS THE COMMISSION - Mr. Jimmy R. Spradling
was given an opportunity to address the Commission.
Mr. Spradling spoke to the Commission regarding the re-evaluation
of property that the City had just completed and the effect it
was going to have on the tax payers and the amount of increase.
There was a brief discussion regarding the re-evaluation in that
it was done because of the need to equalize the value for
residential since industrial property is re-evaluated each year.
It was further determined that no tax rate had been set. The
re-evaluation was done to equalize and not to increase revenue.
C
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16. EXECUTIVE SESSION - V.A.T.S. - ARTICLE 6252-17 - SECTION 2 -
(E), (F), AND (G) - (LEGAL, LAND ACQUISITION AND PERSONNEL) -
None.
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17. ADJOURNMENT - Motion by Commissioner Kibodeaux, seconded by
Commissioner Tomerlin that the meeting adjourn. Motion carried
by the following vote:
AYES: Mayor Meza and Commissioners Tomerlin, and Kibodeaux.
NAYS: None.
The meeting adjourned at 7:38 P.M.
a
Margie oyen, ty Clerk
• Passed and Approved this the
19th y July, 1978.
J. J. Meza, Mayor
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FIRE CHIEF'S OFFICE ~.•
CITY OF LA PORTE
. INTER-OFFICE MEMORANDUM •
TO: J. R. Hudgens DATE: June 28, 1978
FROM: J. L. S'ease, Fire Chief •
. SUBJECT: Pick-up Truck Bids '
The City Commission received•and opened bids fox a 4-wheel drive pick=up truck on
6-21-78. The following bids were received:
Lumus Baytown Dodge $6,039.87 '
' For a 1979 Pick-up with
delivery 60 days after
9-1-78
Jay Marks Chevrolet $5,681.90
• For a 1978 pick-up thaC
has already been ordered.
Delivery in~about 4 weeks.- '
Chevrolet is having a problem
•, obtaining locking differentials.
If the unit is delivered without;
• the price would be $5,544.90.
I recommend that the City award the bid to Jay Marks Chevrolet.
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J, L. Sease
Fire Chief
JLS/cb
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Date: July 3, 1978
Tot Mr. Hudgens
From: H.F. Freeman Jr.
Subject: Automatic Switching Device
•
I recommend the low bid from Houston Electrical Distributing Company
of $2550.00 P,O. Box 2527, Houston,Texas 77001.
Respec fully;
_ G
H.F. F eeman Jr.
Chief of Police
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MEMORANDUM
June 26, 1978
TO: Mayor and Commissioners
FROM: J. R. Hudgens
SUBJECT: Final Inspection of Section III Fairmont Park
Friday afternoon Dave Corbin, Department Heads, and myself met
with Carlos Smith for a final inspection of the above section of
Fairmont Park. The construction of the subject facilities were
acceptable. However, there were some items of discrepancy that
were noted. They are as follows:
1. Street will require additional cleaning.
2. Storm drainage inlets and junction boxes contained
excessive dirt that must be removed.
3. Sanitary sewer manholes contained debris and some
inverts needed grout to bring them to proper grade
and finish.
The items were observed by Mr. Smith and he advised that he will
have the contractor correct them.
J. R. Hudgens
City Administrator
JRH/cb
Another inspection of Section III Fairmont Park was made on
Friday, June 30, 1978. All deficiencies have been corrected.
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QUSCH, HUTCHISON & ASSOCIATES, INC. CONSU LTING ENGIN EERS
1107 FLEETWOOD DRIVE - BAYTOWN~ TEXAS 77520 - PHONE (713) 422-8213
June 6, 1978
Mrs. Margie Goyen
City Clerk
P. 0. Box 1115
La Porte, TX 77571
Mrs. Goyen:
We have reviewed the items delineated in your letter dated
May 25, 1978.
We recommend approval of all.
. J. Busch, Jr.,
AJB~ps
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' _ ~~`~ CITY OF L FORTE
~ ~ PHOne ( 713 ) 471.5020 • P. O. Box 1 1 15 • LA PoRre, TEXAS 77571
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P•4ay 25, 1978
PRr. A. J. Busch, Jr.
Busch, Hutchison & Associates
1107 Fleetwood
Baytown, Texas 77520
Dear Mr. Busch:
Handed you herewith are copies of the Specifications f_or
Fairmont Park West, Section IV, Sanitation Sewage Collection
System, Plater Distribution System, Storm Drainage System,
Street Paving, Street Excavation, Subgrade Preparation and
Site Grading; Specifications for Creekmont Sanitary Sewage
Collection System, Water Distribution System, Storm Drainage
System, Street Paving, Street Excavation, Subgrade Preparation,
Site Grading, Lift Station and Force Main; Preliminary Plat of
Fairmont Park West, Section 5; Copy o.f a replat of Brookglen,
being a preliminary plat of College View; Final Plat, Fairmont
Park West, Section IV, Final Plat, Creekmont; Preliminary Plat
of Glen Meadows, Section Two.
Please review this information and return with your recommendation
for approval, or needed changes, prior to my sending to Planning
and Zoning Commission.
Thank you for your consideration.
Very truly yours,
0
Margie Goyen
City Clerk
cc: Public Works Director
Chief Inspector
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CITY OF LA PORTE
• INTER-OFFICE MEMORANDUM
T 0 : Mcvc9,~e Go yen, C.cty C.Zenk DATE : June 16, 1918
FROM • A• $• S~eckman, Ch~.es Inapectan
SUBJECT • P.ea.na Sec~i,on 3, 4, S, Fcwunont Park
• Sect.%on 2, G.2en Meadacv.~
Sec~.i.on 1, Cneekmor~t
Ashen nev~,euung a.ZC the above p.2ana T Saund them ~0 6e .cn anden and .cn camp.Q.i,ance
cuith the Ondi.nancea and zhe o~hen eeeti.ond os the Sub-d~.v.is~,artd.
Genena~C ffomea a~ceady hae 19 p.Ca.na .c,n. my ass.iee San Seeti.on 3 os Fcu~cmant Pcvck
Soh pehm.i~b .
~>~~ .~~
A. B. S~ecfzma.n
• Ch~,es I n.a peaton
•
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BUSCH, HUTCHISON & ASSOCIATES,'INC. '
CONSULTING ENGINEERS
1107 FLEETWOOD DRIVE - BAYTOWN, TEXAS 77lS20 - PHONE (713) 422-8213
April 3, 1978
Honorable Mayor and City Commission
City of La Porte
P. 0. Box 1115
La Porte, TX 77571
REPAIR OF THE 16TH STREET SANITARY SEWER LINE-
The subject project has been completed and the system now operates
• satisfactorily: I do not feel an air test is necessary at-this time:-
. We recommend acceptance by the City. Notice of such acceptance with
the stipulation of one year's guarantee of materials and workmanship
from April--1,-1978, should be sent to Ron PatricK and Associates Inc.,
P 0 Box 928, South Houston, Texas 77587. -
C ~~ ~~P
e1~~~ P"Autch~son, P. E.
V ce-President
JPH/ps .
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UTILI`T'Y E;~{TEIVSIOIJ Ai; :ELI~iF.NT
T~.r. sTAT~ o~ TLxAS ~ X
X
COUNTY OF HARRIS X
This agreement, made this 5th day of July , 19 78 ,
by a.nd between the City of La Porte, herein called "City", acting
herein through its Mayor ,
(Title of authorized ozficial)
a:'~d CHEMLIME C.faRPC1RATI.f1N
Strike out inapplicable terms (a corporation) (~:,ax~.~~~:~r~z
of Elizabeth
County of Union , and State
of New Jersey , Iiereinaf ter called "Owner . ''
Vd I T N E S S E T H
(1) All references to "Utility ~sain (s) " hereunder shall, for
the purposes of this agreement, refer to
Sanitary Sewer Line
r
(2) Owner is the o.aner. of certain property ile the City of
La Porte, harris County, Texas, identified as
Nori~h 633 feet of Outlot 1, Nebraska Syndicate and
South one-hal; of Fairlane Street.
City's utility mains do not presently extend to said property.
Ch~tner has requested City to extend utility mains to Owner's said
property.
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(3} City hereby ag~-ce:s t-t~ c:;c,n~~truct and install. ar•r extension
of its utility ,Hain (s) to said propc~?_-ty commencing at the nt=wrest
existing utility main(s) of sufficient size and capacity. Thence
along/thru City of La Porte r~i.g::t~-•of-wr:y and/or easements to said
Owner's property. Provided, however, that should City not possess
all necessary rights-of-way and/or easements to complete said
extension(s), Owner shall be solely responsible for obtaining said
_' additional rights-of-way and/or easements at no cost to City.
(4) Owner agrees to pay all costs related to the construc-
tion and installation of said line(s) including necessary appur-
tenances in conformance with City's standards and specifications
for said line(s). Owner further agrees to pay all engineering
fees for survey, design, contract documents, bidding, construction
staking, and construction inspection.
(5) Subject to the provisions of this. agreement, City hereby
agrees to construct and install said extension of its utility
main(s) according to the plans and specifications to be prepared
by City's engineer. Prior to City authorizing the City's engineer
to prepare plans and specifications Owner dill deposit with City
in escrow a sum of money based on and equal to the City engineer's
estimated project cost in conformance with Section 4, less esti-
mated construction, construction staking and inspection costs.
Thereafter, City will authorize the City engineer to prepare plans
and specifications for said e:~tension(s). Upon completion of plans
and specifications City will place the project for bid. When bids
are received they shall be tabulated by the City and a copy of
~ said tabulation shall be pr.cvided to Owner. T:~ereafter, Owner
shall deposit with City in escrow a sum equal to the amount bid
by the lowest responsible chosen bidder, plus. a sum equal to the
estimated construction staking and inspection fees if applicable.
When said deposit has been made by Owner, City shall execute a
contract for said extension(s). It is agreed and understood that
the deposited escrow amount made by Owner does not relieve Owner
from paying for any unforseen costs and/or cost overruns i.n the
project that result from circumstances beyond trre control of City.
(6) City agrees to accept the value a~ the extension(s) that
abutt said Owner's property as a pro rata portion of the prevailing
square footage and/or front footage connection charge for water
and/or sewer service against said property belonging to Owner.
Owner shall be responsible for ali other customary charges.
(7) Upon execution of this agreement and compliance with
terms herein, City agrees to begin the preparation of engineering
plans and construction specifications for said extension(s), and
to begin construction thereof as soon as the same may be let for
contract as herein provided. City shall require the contractor
under such contract to diligently pursue the construction of the
project to completion.
(8) In the event that other owners of property abutting the
line(s) extended by Owner under this contract, as shown on the
plat attached hereto as Exhibit A and incorporated by reference
herein, shall utilize the extended line(s) constructed under this
agreement, by making connection thereto under a permit from City
within a period of ten (10) years from and after the date City
has accepted the cor.~truction of said facilities by the contractor,
_ City agrees to r_oll~,ct from sa_~_d pr. c~perty oti•~nez-s, i is prevailing
square footage and/or front foo`.age connection fees from said
property owners and to reimburse Owner the amount collected from
such property owners, until Owner has been reimbursed a maximum
total of the sum paid by Owner to the City under t'rre terms of
this agreement, less Owner's own water and/or sewer square footage
and/or front footage connection charges.
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' I.3 ;~`:CTNESS WHEREOI', the Parties to these present have executed
th.s ac;i•eernent in several counterparts, each of which shall be
~=:E~~med an origina]_, in the year and day f first mentioned above .
(S E: ~, 1 )
A'!'TL3T:
By: ° ~
(Secret y
(Seal)
Asst~Secretary
~,.~ ,L-~-~~
(Witness
Approved as to Form:
CITY OF LA PORTE
gy : ~-
Title: Mavor
Owner: CHEMLIME CORP.
By : __ i'
Title ._
~`-IU~~ierry ree
Elizabeth, N. J. 07202
(Address and zip code
r
~-~
City Attorney)
Note: City Secretary. should attest: If Party is a corporation,
Secretary of Corporation should attest.
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PURPOSE: To amend the utilii;y extension agreement entered into by
arid between the City of La Porte and Chemline Corporation on the
5th day of July , 1978, to which this addendum is
attached and hereby made a par°t.
SCOPE: This addendum hereby deletes from the agreement as -inap-
plicable provisions part of and/or all of the following sections
of the agreement as enumerated:
Section 3 - All
Section 4 - A11
Section 5 - All
Section 6 - All but last sentence
Section 7 -- All
TN WITNESS WFIEREOF, the Parties to these present have
accepted this addendum to the aforementioned a-ttacried agreement
by execution hereof i:n several counterparts on this 5th daY
of July 1978.
CITY OF LA PORTS
AT`.PE S T
(Seal)
By: °
Title:
GREMLINS CORPORATION
By:
Tit /~
•
ATTEST:
(Seal)
Title: Asst. Secretary
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AGREEMENT
THE STATE OF TEXAS X
X
COUNTY OF HARRIS X
This Agreement made and entered into by and between the
City of La Porte, a Municipal Corporation of Harris County,
Texas, hereinaf ter called "City", and the Spenwick Place
Municipal Utility District, a conservation and reclamation
district of Harris County, Texas, hereinafter called "Spenwick",
W I T N E S S E T H:
WHEREAS, the City of La Porte owns and operates sanitary
• sewerage treatment facilities, including mains and laterals,
adjacent to Spenwick; and
WHEREAS, Spenwick is desirous of constructing within in
its district boundaries, a sanitary sewerage collection system,
and transporting the effluent therefrom to City for sewerage
treatment purposes; and
WHEREAS, Spenwick is located within the exclusive extra-
territorial jurisdiction of City for future annexation purposes,
and it is contemplated by the parties that Spenwick will
eventually be annexed by City and made a part of City's corporate
boundaries; and
WHEREAS, City is agreeable to receiving sanitary sewerage
collections from Spenwick, for the purposes of treatment, under
. the terms and conditions of this Agreement:
NOW, THEREFORE,, for and consideratioxl of the premises and
the mutual covenants herein contained, it is agreed by and between
the parties as follows:
I.
Spenwick. will take necessary steps to complete the design,
engineering{, financing, and construction, of a sanitary sewerage
collection, system,. to serve approximately 200 residential and
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small commercial connections within Spenwick's corporate
boundaries. Spenwick shall construct necessary sewer mains to
a point of delivery on City's existing sanitary sewerage collec-
tion system, which point of delivery shall be selected by City's
engineers, with approval by Spenwick's engineers, and shall be
located in the western portion of City's Fairmont Park sub-
division. City will accept delivery of Spenwick's sanitary
sewerage (but not including any industrial waste) not to exceed
a maximum average flow capacity of 70 thousand gallons per day,
at such point of delivery, for treatment. at City's Fairmont Park
sanitary sewerage treatment facilities.
• II.
The parties hereto recognize that Spenwick presently has
in operation its own water supply and distribution system, and
this agreement does not contemplate that City will furnish
Spenwick with fresh water.
This Contract shall be effective upon the approval hereof
by the governing bodies of each party hereto, and shall continue
in force for a period of 20 years, terminating September 30„ 1998;
provided, however, this Agreement shall be subject to termination
by either party hereto upon two (2) years prior written notice.
III.
Each party to this Agreement agrees to keep, maintain and
operate its sanitary sewerage collection and treatment facilities,
. as the case may be, in accordance with the then current laws,
rules, and regulations, of the State and Federal authorities
having jurisdiction thereof. In addition, Spenwick agrees to
operate its sanitary sewerage collection facilities in accordance
with then current City of La Porte ordinances applicable thereto,
including but not limited to, the City of I,a Porte's industrial
waste ordinance, and in keeping with the standards promulgated
by the American Water Works Association.
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IV.
The Parties recognize that the water distribution system in
operation by Spenwick is presently not an individually metered
system. Therefore, it is agreed that the basis of the charges
by City to Spenwick hereunder, shall be 150 of Spenwick's pro-
rata portion, based on metered output, of City's actual total
costs of sanitary sewerage treatment. City's actual cost of
treatment per thousand gallons shall be determined by taking the
total cost of operation, maintenance, and replacement attribut-
able thereto, divided by the total gallonage treated. Such cost
determination shall be made by City, based upon its most recent
• fiscal year audit, effective the first day of the calendar year
immediately following the end of City's fiscal year. It shall
be the responsibility of Spenwick to handle all billings and
collections from its own customers. City will render its bill
to Spenwick on the last business day of each service month,
based upon the formula contained in this paragraph, and such
bill shall be payable by Spenwick to City, without discount, on
or before the 25th day of the following calendar month. Spenwick
shall be liable for payment to City based on connections certi-
fied to be in service, regardless of whether Spenwick collects
the same from its own customers.
V.
Provisions for Metering - Spenwick will install at its cost,
. and City shall operate and maintain as a part of the system, the
necessary equipment and devices of standard type for properly
measuring all sewage discharged into the system. Spenwick shall
have access to such metering equipment at all reasonable times
for inspection and examination, but the reading, calibration and
adjustment thereof shall be done only by employees or agents of
City, and Spenwick shall have access to the record books kept by
City at its office during reasonable business hours.
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Calibration of Meter - Not more than three times in each
year of operation, City shall calibrate the meter provided by
Spenwick, if requested in writing by Spenwick to do so, in the
presence of a representative of Spenwick. The parties shall
jointly observe any adjustments which are made to the meter in
case any adjustment is found to be necessary.
Inaccuracies of Meter - If, upon any test, the percentage
of inaccuracy of any meter is found to be in excess of five
percent (5~), registration thereof shall be corrected for a
period of time extending back to the time when such inaccuracy
began, if such time is ascertainable; and if such time is not
ascertainable, then for a period extending back one-half (1/2)
• of the time elapsed since the date of the last calibration, but
in no event further back than a period of six (6) months. If,
for any reason, any meters are out of service or out of repair
so that the amount of sewage discharged cannot be ascertained or
computed from a reading thereof, the amount of sewage discharged
during the period such meters are out of service or out of re-
pair shall be estimated by City's engineer and agreed upon by
the Parties hereto on the basis of the best data available.
VI.
The Parties hereto recognize and agree that the rates to be
charged hereunder, are fair and proper and that such rates
recognize the fact that City's sanitary sewerage treatment
facilities have been constructed, and in the future will be re-
constructed and enlarged, partially with the use of City of La
Porte tax funds, and from the proceed of bond sales by the
City of La Porte, which will be repaid by tax funds, and that
the property within Spenwick's boundaries is not subject to
taxation by the City of La Porte. The Parties recognize that
the rates charge by City to its customers within its boundaries,
_ do not fully pay for the cost of such service, and that the
• capital investment in such facilities is provided by tax funds.
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In the event that Spenwick fails to tender payment of
charges hereunder, when due, such charges shall be subject to
an immediate ten percent penalty. If such charges remain unpaid
for 60 days after notice to Spenwick by City in writing of
such default, such charges shall accrue interest at the rate of
10 percent per annum, and City shall have the privilege of sus-
pending its acceptance of delivery of Spenwick's sanitary sewerage
into its system, which remedy shall be in addition to any other
remedy available to City.
VII.
Spenwick agrees to establish, maintain, and collect ade-
•
quate sanitary sewerage rates to pay its necessary costs of
operation of its system, and its charges to City hereunder.
VIII.
The Parties hereto recognize that City's Fairmont Park
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sewerage treatment plant has a rated capacity of 580 thousand
gallons per day and that in excess of one-half of such capacity
is now being used by City to serve its present customers in the
Fairmont Park area. The Parties hereto further recognize that
City's first obligation is to provide service to customers and
future customers within its own corporate boundaries, and that
it, therefore, must limit its agreement hereunder to treat Spen-
wick sewerage, to a maximum average flow capacity of 70 thousand
gallons per day of sewerage flowing from Spenwick into City's
system. Spenwick agrees that it will not issue any further sewer
tap permits for buildings commenced after July 1, 1978, without
the prior written consent of City.
Spenwick shall have full responsibility in connection with
all waste handled by its sewerage collection facilities, and
Spenwick agrees to save and hold the City harmless from all
claims, demands and causes of action which may be asserted by
anyone on account of the transportation, delivery and disposal
of said waste while they are in the process of being handled by
Spenwick's facilities.
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IX.
The unit of measurement for sewerage hereunder shall be
gallons, U. S. Standard Liquid Measure.
X.
Title to all sewerage put into the system under this
Agreement shall pass to City at the point of entry.
XI.
Each party hereto shall be solely responsible for the
construction, upkeep, maintenance, repair, and operation of its
facility, on its side of the point of entry.
XII.
Force Majeure - (a) If for any reason of "force majeure"
• either party hereto shall be rendered unable wholly or in part
to carry out its obligations under this agreement, other than
the obligation of Spenwick to make the payments required under
the terms hereof, then if such party shall give notice and full
particulars of such reasons in writing to the other party within
a reasonable time after the occurrence of the event, or cause
relied on, the obligation of the party giving such notice, so
far as it is affected by such "force majeure", shall be suspended
during the continuance of the inability then claimed, but for
no longer period; and any such party shall endeavor to remove or
overcome such inability with all reasonable dispatch. The term
"force majeure" as employed herein shall mean acts of God, strikes,
• lock-outs or other industrial disturbances, acts of public enemy,
orders or actions of any kind of the Government of the United
States or of the State of Texas or any civil or military authority,
insurrections, riots, epidemics, landslides, lightning, earth-
quakes, fires, hurricanes, storms, floods, washouts, droughts,
arrests, restraints of government and people, civil disturbances,
explosions, breakage or accident to dams, machinery, pipelines,
or canals or other structures, on account of any other cause not
•
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reasonably within the control of the party claiming such inability.
It is understood and agreed that the settlement of strikes and
lock-outs shall be entirely within the discretion of the party
having the difficulty, and that the above requirement that nay
"force majeure" shall be remedied with all reasonable dispatch
shall not require the settlement of strikes and lock-outs by
acceding to the demand of the opposing parties when such settle-
ment is unfavorable to it in the judgment of the party having the
difficulty. No failure of the City to meet any obligation by
reason of "force majeure" shall relieve Spenwick from its obliga-
tions to make the payment required under the terms hereof.
• (b) No damages shall be recoverable from City by reason
of the causes above mentioned.
(c) It is expressly recognized by Spenwick that City may
be compelled to make necessary alterations, repairs or extensions
of new or additional facilities from time to time during the life
of this contract and any suspension of service to Spenwick due
to such operation shall not be cause for claim of damage on part
of the City, provided all reasonable effort is used by the City
to provide Spenwick with service in accordance with. this contract.
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XIV.
The Parties hereto agree that if any of the provisions of
the agreement contravene, or are held invalid under the laws of
this State, same shall not invalidate the whole agreement, but
it shall be construed though not. containing that particular
provision and the rights and obligations of the Party shall be
construed and inforse accordingly.
XV.
This contract shall be performable in Harris County, Texas.
IN WITNESS WHEREOF the Parties hereto, acting under authority
of their respective governing bodies, have caused this agreement
• to be duly executed in several duplicate originals.
Witness our hands, this day of July, 1978.
City of La Porte
By:
J. J. Meza, Mayor
ATTEST:
City Clerk
APPROVED:
City Attorney
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Spenwick Place Municipal Utility
District
By:
Cecil E. Knight, President
ATTEST:
Secretary
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