HomeMy WebLinkAboutO-2009-3121 WSA with Eurecat U.S
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agcndll Dllte Requcstcd: ./llllltan' 12'..20.0~9 ,
/- '~J
Rcqnested By: Tim Tieticns ( r \J
Depllrtment: Planuin2 ~J
Sonrce of Funds:
N/A
Account Number:
N/A
Amonnt Budgeted: N/A
Report: _Resolution: _Ordimlllcc:.-X.-
Amount Requcsted: N/A
Exhibits:
I. Ord. for Water Service Agreemcnt
2. Wllter Service Ag.'eement
3. Area Map
Budgeted Item: _YES .lL-NO
SUMMARY & RECOMMENDATION
Eurecat US., Incorporated has recently constructed a new office building to support its operations at 13100
Bay Park Road in the Bayport Industrial District. The company has approached the City for water service to
the newly-constructed facility.
Council has approved a policy to provide water and sanitary sewer service to companies located outside the
city limits and within the City's industrial districts. These companies are required by the policy to execute
and maintain an Industrial District Agreement with the City. Council has previously approved an IDA with
Eurecat (2007-IDA-019) and the company desires to obtain water service under the terms of this policy.
Based on the company's stated demand for domestic water use, the average daily demand for domestic
water use is 2,350 gpd which is within the policy's limit of 30,000 gallons per day. The applicant, under the
terms of the policy, will pay one and one-half (1-%) times the City's current utility rate. Additionally, Eurecat
is subject to a one-time connection fee associated with its water service agreement in the amount of $5,000,
for which payment has been received.
The terms of the company's WSA will expire on December 31, 2019, plus any renewals and extensions
thereof. However, the agreements shall automatically expire at such time as there is no effective IDA
between the parties or, if the city exercises the right of termination.
Staff recommends approval of a Water Service Agreement for Eurecat U.S., Inc. as submitted herein.
ppro e an ordinance authorizing the City Manager to execute a Water Service Agreement with Eurecat
U. S., I corporated.
Ron Bottoms, City Manager
[ /8 /(1
Date
ORDINANCE NO. 2009-31J.I
AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT
BETWEEN THE CITY OF LA PORTE AND EURECAT US INCORPORATED; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW 1 AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The city Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The city Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
Section 2.
The city council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the city council was
posted at a place convenient to the public at the City Hall of the
city for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The city Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
f..Wrl -
PASSED AND APPROVED, this bi day OfJ:mMAr 200Q.
CITY OF LA POR~
By' ~~.\~
Alton E. Porter,
Mayor
ATTEST:
~~G~~
City Secretary
APPROVED:
"
~r~~~
Clark T. AskJ.ns I
Assistant City Attorney
2
STATE OF TEXAS ~
COUNTY OF lW~RrS ~
WATER SERVICE AGREEMENT
Tlus AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a
municipal corporation of I-Iarris County, Texas, hereinafter called "CITY", and EURECAT U.S.
INCORPORATED, hereinafter called "COMPANY".
1.
COMPANY is the owner of certain real property which is sihlaled in CITY'S Bayport
Industrial District and not witlun the corporate limits of the CITY. CITY and COMPANY are
parties to a em-rent Industrial District Agreement.
II.
COMP AN Y is desirous of purchasing potable waterfi'om CITY for usual human domestic
consllmption ancl 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. 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
offumishing domestic potable water by CITY, the parties hereto agree as follows, to-wit:
III.
COMPANY has made certain representations to CITY as to its number of employees, upon
which representation CITY has relied in entering into this Agreement.
2
Upon review of these representations, the City has determined the following:
Number of Company Employees on site
43
Number of Contract Employees on site
:I:
Total on-site Employees
47
Potable Water Approved for Domestic Use
(Total on-site Employees times 50 gpd per employee)
2.3 50
IV.
CrI'Y has determined that adequate facilities are available to CI'rV 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 $5.000.
(B) COMPANY shall file an application for water service with CITY'S Utility Billing Division and
pay appropriate deposit and water meter charge. CITY shaH be responsible for furnishing and
installing meter at Company's expense, COMP ANY shall be responsible for installing
appropriate meter box to be approved by City.
(C) Where applicable, COMPANY shall also pay to CITY $ not armlieable as a pro-rata
reimbursement for original installation of utility mains funded by other parties.
(D) The total amount of potable water approved (average daily demand) is established at Two
Thousand Three Hundred Fifty (2,350) gallons I)cr day. Tllis number is based on an
average of fifty (50) gallons per employee per clay established by CITY.
(E) The average monthly demand of Scvcnty One Thousand Six Hundrcd SevclltyFive (71,675)
gallons is established by multiplying the average daily demand by a factor of 30.5, wllich shall
be used to facilitate serviee billings.
3
(F) The cost of water up to the average monthly demand of Seventy One Thousand Six Hundred
Sevcnty Five (71,675) 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.
(G) The cost of water for amounts used in excess of the established average monthly demand shall
be two hundred pcrcent (200%) of the CITY'S rate as cstablished [rom time to time for
commercial customers inside its corporate limits.
(H) Nothing contained in tillS Agreemcnt shall obligate CITY to fumish more than the average
monthly demand of Scventy One Tbousand Six Hundred Seventy Five (71,675) gallons.
Repeated consumption greater than the established average monthly demand may result in
termination of service.
(1) 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.
(J) CITY reserves the right to enlorce it., drought contingency plan on all watcr customers at
CITY'S sole discretion.
(K) 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.
(L) COM}) ANY 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.
(M) All plumbing installed by COMPANY connected to the domestic watcr line from CITY,
shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S
engineering and code cnforcemcnt personnel sha1l have the right of prior review and approval
of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing
4
inspectors shall have the right to inspect any and all work related to the fUl11ishing of potable
water to CO~1PANY.
(N) A reduced pressure zone backflow preventer shaH be installed and maintained by COMPANY
to protect CITY from any possible cross-connections.
(0) The potable water supply system will be segregated from any existing and future CO MP Al\Y
fire protection system.
(P) There shall be no resale of the water provided by CITY, nor any extension of service lines by
CaMP ANY to serve other parties.
(Q) COMP ANY 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 ce11ain 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 tacilities, shall be solely at the expense of COMPANY.
CaMP ANY shall own and maintain all service lines and pllUl1bing facilities beyond the meter.
CITY shall own the meter.
VI.
CITY will have ownership and maintenance responsibility l()l' its waler mains, and service
lines up to and including CITY'S water meter. In the event a State or Harris County license, pennit,
or pe1111issioll to install the water main is revoked, or relocation or adjustment is required, CITY
will not be responsible for the expense of such relocation, adjustment, or replacement.
VII.
CITY reserves the right of entry at all reasonable times for the purpose of inspection of
5
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.
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 coneet defects
within ten (I 0) days may result in termination of Agreement. CITY shall have the right to
summarily con'cet, at COMPAi"iY'S expense, any defect or deficiency, when in its opinion the
integrity of the public water supply is tlu'eatencd.
IX.
Upon receipt of written notice of termination, COMPANY shall have up to six (6) months
to prepare for transition to another water supply. If thc 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 contlict 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 contTOI, to the extent of such
conflict. The term of this Agreement shall terminate on December 31, 2019. However, this
Agreement shall automatically expire at such time as there is no effective Industrial District
Agreement betwecn the partics or if CITY exercises its right oftenuination.
ENTERED INTO cffective the k9-.~
.. day of CJOJILlCtf l~ ...~, 2009.
6
ElJRECAT U.S. INC.
Company
siW'atureH JJiJ~
Name: DOLtG,L-!-l( _ a. WGI\l~
Title: PlAnt 1\1AI\JI'r66((
Address: 13iOo B~,< R:lQ;C. ~ C\
'PASAA ~r--4 A .' 'lSx A ~ _ 11 S07
CITY OF LA PORTE
,APPROVED:
~7~1
Knox W. r'\.skins
City Attomey
CITY OF LA ~O~
.~~
'. Porter
yor
ATTEST:
'A.tu.~~
art a A Gillett ~ r
City Secretary
City Attomey
PO Box 1218
La Porte, TX 77572-1218
City of La Porte
604 West Fainnont Parkway
La Porte, TX 77571
Phone: (281) 471-1886
Fax: (281) 471-2047
Phone: (281) 471-5020
Fax: (2gl) t70.'6t;t'l{J
7
This is EXHIBIT .t\-, consisting of 1 page,
rofen'cd to in and part of111e 'Water Sen'ke
Agreement antI/or Sanitary Sewer Service
Agreement b"'jlt'J!/Y ru,d COMPANY
dated 01 _'
(:0=
COMP~~~
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 COMP ANY, undertaken to induce CITY to sell
water to COMPA.NY pursuant to the tenns of the Water Service Agreement andior Sanitary Sewer
Service Agreement fUld this addendwn. Said additional improvements undertaken by COMPANY
are fU1 integral part of the consideration by COM]) ANY for obtaining the provision of water and/or
sanitary sewer service from CITY.
1) Stann Water Plan:
For 1Iew development COMPANY shall provide a Storm Water Management Plan
111at is approved by Harris County Flood Control District and CITY. COM:PANY
shall construct and maintain any storm \;vater system as a condition of continued
water and/or sewer service.
2) Beautification Efforts:
COMP ANY shall submit a Landscaping Plan subject to approval by CITY.
COMP ANY shall install and maintain landscaping along existing developed
front.age as per approved I ,andflcaping Plan as a condition of continued water service.
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AREA MAP
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EURECAT u.s., INC.
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