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HomeMy WebLinkAboutO-2008-3099 WSA/Bayport II Mountain West Houston LLCORDINANCE NO. 2008- ~j~`~ AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA FORTE AND BAYPORT IT MOUNTAIN WEST HOUSTON, LLC; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA FORTE: 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 Cade; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. ~~~~ PASSED AND APPROVED, this 25th day of August, 2008. TY OF LA PORTS ~~ By: Alton E . Porter, ~~~~_ Mayor ATTEST: ~. Mar a A. Gillett City Secretary APPROVED: Clark T. Askins, Assistant City Attorney 1 STATE OF TEXAS ~ COUN'.I Y OF HARRIS § WATER SERVItCE AGREEMENT (for Companies loca#ed in Bayport North fiad~zstrial dark In This AGREEMENT made and entered into by and between the CITY OF LA FORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and BAYPORT II MOITNTAIN WEST HOUSTON, LLC, hereinafter called "COMPANY". I. COMPANY is the owner of certai real property which is situated in CITY'`S Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPAN Y are parties to a currerrt Industrial Disttt~ict Agreement. II. COMPANY is desirous of purchasing potable water from CITY far usual. human domestic consumption and uses, and for litxrited 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 Jiznits of CITY. COMPANY recognizes that CITY cannot at this time provide pem~anerrt 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: III. COMPANY has made certain representations to CITY as to its number of employees, and(or its desired amocmt 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. ~~~~~ ~ 2 Upon review of these representations, the City has determined the following: Number of Company Employees an site Number of Contract Employees on site Total on-site Employees Potable Water Approved for Domestic Use {Total on site Employees times So gpdper employee) *Patable Waxer Approved for Industrial Processes {gpd) Total Amount of Potable Water Approved for Company (Average Daffy Demand, gpd} IV. 160 40 200 l.o,aoo 300 I0,300 CITY has determined that adequate facilities are ava~able to CITY to famish potable water to CONIl'ANY based an the following terms and conditions, to-twit: (A} Company sha11 pay to CITY aone-time adtxrinistrative connection charge of NIA (B} Patable water used far Industrial Processes shall be lirrrited to the following: Butt ' fires er desi ed for ar ' hazard ou 2 350-450 m landsea e iiri anon. (C} COMPANY shall file an application for water service with CITY'S Utility Baling Division and pay appropriate deposit and water meter charge. CITY shall be respansi`l~le for furnishing acid installing meter at Company's expense. COMPANY shall be responsible far installing appropriate meter box to be approved by City_ {D) Where applicable, COMPANY shall also pay to CITY $ N/A as a pro rata reimbursement for installation of ut~ity rr~,ins funded by other parties. [E} The total amount of Patable water approved (average daily demand} is established at TEN TT3OUSAND THREE bIUNDRED (10,300) gallons per day. This number is based an an average of fifty {50} gallons per employee per day established by CITY, plus any amount approved for industrial processes. 3 (F) The average marrthly demand of THREE fIUNDRED FOURTEEN THOUSAND ONE HUNDRED FIFTY (314,150) gallons is established by multiplying the average dar~y 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 THREE HUNDRED FOURTEEN THOUSAND ONE HUNDRED _FIFTY ~314,150~ gallons shah be ane hundred fifty percent (150°/©) of the CITY'S rate as established from time to time far cammercial customers inside its corporate limits. (H) The cast of water for amounts used in excess of the established average monthly dernarrd shall be two hundred percent (204%) of the CITY'S rate as established from time to time for commercial customers inside its corporate lirruts. {I} Nothing contained in this Agreement shall obligate CITY to fiu-rrish mare than the average momhly demand of THREE HUNDRED FOURTEEN THOUSAND ONE HUNDRED FIF I`Y 314154 . Repeated cor~urxxption greater than the established average monthly demand may result in termination of service. (J) CITY shall have the right to interrupt or tempararr7y suspend said water service to COMPANY if an emergency arises and there is not arr adequate water supply to meet the needs of the citizens of I,a Porte. {K) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. {I.) The, total cost for the engineering design and canstruclion of any potable water maim, service lure, back flaw preventer, meter or other required appurtenances wrll be the responsr'br7ity of COMPANY. {M)COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the fur~ishiirg afpatable water to customers within the corporate limits of CITY. 4 {N} All plumbing installed by COMPANY connected to the domestic water line froth CTTY, shall meet all appfieable State of Texas and CITY plumbing code requirements. CTIYS engineering and code enforcement personnel shall have the right of prior review and approval of COMI.'ANY'S plans and specifications for the pluumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the fizrnishing of potable water to COMPANY. (O} A reduced pressure zone backflow preventer shall be installed anal xnaixttamed by COMPAN Y to protect CITY from any possible cross-coztrtections. {P) The potable water supply system wdl be segregated from arty existing and fixture COMPANY fire protection systerrt. {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 ExYnbit A. These requirements shall be shown on the site plan and approved by City. V. All expenses of the installation of the meter, service 1u~tes from the maim to the meter-, and fi orrt the meter to COMPANY'S fac~ities, shall be solely at the expeztse of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. VI. CITY w~l have ownership and maintenance responsibility for its water rt~ains, and service lines up to and including CTIYS 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. S VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S water fac~ities, and to observe eon~pliance 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 fac~ity. VIII. CITY reserves the right to termunate this agreement m the event of violation of the terms and provisions hereof by COMPANY. CITY wi71 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) clays may result in termination of Agreement. CITY shall have the right to su~rnnar'dy correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. IX. Upon receipt of written notice of termination, COMPANY shall have uP to size {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 tern~iriate 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 exterrt 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 na effective Industrial District Agreement between the parties or if CITY exercises its right of termination. _ ~~~ ENTERED INTO effective the ~ ~~ day of ~_____, 2008. AL1G-0-008 ~fED 12 ~ 06 PM FAX ~[p, P. ~3 6 CITY ~~' ~,A P[~RT>3 A'i"'!'Fi~'C: ~11I~f'[~h~ ~. Cri Ott TTM. City ~ocrc;y By. Der: ApPRbVEI]: ~1"s~T T. A5iCSFIS City Attorney ('.ity.Attomey PO &~x 1218 LR~ Pt~rt.e, ~"~ 7772-1218 Phone: (281) 471-1880 I~~c: (~St) 471~~.t)47 Ba ort YI ]VXvunt~i~ Wit Hoastun, LLC Cry t1e-.. r 5~~A f ~ ,..rw, ..,._. ^~_ Addreas: 4O~ ~ P~en~ r~ ,A.v~ ~~~ vVo®~ ,,,~i1L ,..,.~~. ~~a~ City ~~r ~.a Porte 604 Wes# ~'ai~Yrnont Park-uv~,y L~ T~rnfe, '~'~ '777 i Phnr<e: (2$1} 471-5020 I~ax: (281) 471-7X68 x~r~ ~~l~~ms City 1v(anager