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Home My WebLink AboutO-2008-3100 SSA/Bayport II Mountain West Houston LLCORDINANCE NO .~ a o s- 3 C ~(~ AN ORDINANCE APPROVING AND AUTHORISING A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA FORTE AND BAYPORT TT MOUNTAIN WEST HOUSTON, LLC; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWf AND PROVIDING AN E~'~'ECTIVE 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 ardinan.ce, in substantially the farm 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 pasted 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 pasting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, th~.s 25th day Ot August, 20Q$ CITY OF LA FORTE By. Alton E. Porter, Mayor ATTEST: Mar ha A. Gil ett City Secretary APPROVED: a A kins, Assistant City Attorney 2 l STATE OF TEXAS ~ COI ]NI`Y OF HARRIS § SANITARY SEWER SERVICE AGREEMENT (for Companies located iti Bayport Nortt- ~dustrial Park ~ 'This AGREENIIJNT made and entered irrto by and between the GTTY OF LA FORTE, TEXAS, a municipal corporation of Harm County, Texas, hereinafter called "CITY", and BAYPORT II MOUNTAIN WEST HOUSTON, LLC, hereinafter called "CONIl3ANY" z. COMPANY is the owner of eertaan zeal property, which is situated in CITY'S Bayport Industz gal District and not within the corporate lu~.~its of the CI'T'Y. CITY and COMPANY are parties to a current Industrial llistrict Agreement. II. COMPANY is desirous of purchasing sanitary sewer service from CITY for usual human domestic uses. COMPANY recognizes that CITY cannot at this time provide permanent and unlitrtited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to COMPANY. For and in consideration of fuznishing sanitary sewer service by CITY, the parties hereto agree as follows, to-wit: ITI_ 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 refied iz~ entezang into this Agreement. ~/~17':. 2 Upon review of these representations, the City has deterrrrined the following. Number of Employees on-site Number of Contract Employees Total on-site Employees 60 40 200 Sanitary Sewer Desired for Doxnestzc Use (Total on site tirraes 50 gpd per employee) 10,000 Sanitary Sewer Approved for Industrial Processes (gpd) 0 Total A-~noux~t of Sanitary Sewer Approved by Company (Average Daily Demand, gpd) _ , ,10 000 N. CITY has determined that adequate facr7ities are ava~able to allow CITY to furnish sanitary sewer to COMPANY based on the following terms and conditions, to-wit: (Aj. Company shall pay to CITY a onertitne adrrrinistrative eonneckian charge of $ NIA (B}. COMPANY shall. file axr application for sanitary sewer service with CITY'S Utility B~71ing Division and pay appropriate deposit. (C).. The average daffy demand is established ax TEN THOUSAND { ~ 0,000) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (Dj. The average monthly dezxzarzd is calculated to be eighty-five percent (8s%j of the average daffy demand multiplied by a factor of 30.5, which shall be wed to facilitate service billings. (E). The cast of sanitary sewer service up to the average monthly demand of TWO HUNDRED FIFTY-NINE THOUSAND TV4r0 HUNDRED FIFTY (259,250 gallons shall be one hundred fifty percent (150°1°) of the CI'I'Y'S rate as established from tune to time for commercial customers inside its corporate Limits. (Fj_ 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 tune to time 3 for caz~mercial custozxaers inside its corporate lirrrits. (G). Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of TWO HUNDRED FIFTY NIl~TE THOUSAND TV~O H[JNDRED FIF~'~Y 259 250 gallons. Repeated sanitary sewer delivery greater than the established average monthly demand may result in termination of service. (H}. COMPANY agrees that daring 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. (I}. CITY shall have the right to interrupt ar 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. {~}. COMPANY agrees that it shall. be bound by CITY'S Industrial Waste Ordinance (Chapter 74, Article II of the Cade of Ordinances) and any subsequent amendmeirts or revisions. (K). The total cost far the engineering design and construction of any sanitary sewer main, service line, fift station, meter or other required appurtenances w~l be the responsib~7ity of COMPANY. (L}. COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the famishing of sanitary sewer service to customers within the corporate limits of CITY. (M}. All plumbing installed by COMPANY connected to the sanitary sewer line from CZ`I'Y, shall meet all applicable State of Texas and CITY plumbing code requirements. CI'TY'S engineering anal 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 COMPA~vY. (N}. There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of 4 service lines by COMPANY to serve other parties. {O}. COMPANY shall submit a certified site plan showing the total acreage of the tract including preserrt and proposed improverner~ts and a suitable location map of the site. Company's development project nay be subject to certain additional requirements as described. ~ Exhibit A. These requirements shall be shown on the site plan and approved by City. Y. All expenses of the installation of service lines from the main to the COMPANY'S facilities shall be solely at the expense of COMPANY. COMPANY shall awn acrd maintain all service lines and plumbing fides. VI. CITY has no ownership and/or maintenance responsz`br~lity for the sanitary sewer mains and/or service lines within Bayport North Industrial Pazk. 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, ar replacemen-t_ VII. CITY reserves the right of entry at all reasonable tunes for the purpose of inspection of COMP.AN Y'S sanitary sewer facilities, and to observe compliance with the terms and conditions ofthis Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to fallow established health and safety policies in effect at COMPANY'S facr`Lity. ~. CITY reserves the right to terrrrirtate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY wr`fl provide COMPAN Y w€th written notice of any defects and COMPANY shall have the opportunity to cure any defects. Fa~ure 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 AUG-20-~OaB WED 12~D7 PM FAX f~0, P. 29 5 1X. Upon rc:oeipt a€vsrrittan native of tcnr~inatian, CCIMPANY shall have up t~~ aix (G) r~lanths tcy pr~~are far transiticzn to anather• sanitary s~vcr se~viee provider. If'the tra~~itic~n is not complete witl~rn said six-n~c)r~th period, Cl`I'Y small ham the eight to tcr7rinate st~.rri•y sewer service at its sale cfisc~•el.ion. X. 1n the event of any canl~lict between the temas and pravisic~ns of this Sanitary Sewer Sc~rvt'ee fi~grec~rr~nt ~-nd the terxxis {mod iaravisians c~l`t?~e XndustY7al Iistrict Agracrnunt between tlrc parties, tl~c te~~ rind pror~s7c~rrs of floe S~rtary Sewer Scrvace Agreemcmi tihail cont7al, t~ the extent cif such c~:~zaflict. 't'he term QF this Agreerncnt shall ter~~ninatc t7n lUeceml~r 3 X, ~U l ~. However-, this ll~eticment shall cutc~rnatica]fy expire at such time as there i~ na ci~'e~~ive Tndrasti7al District ~'cerr~ont 1~trvc-c~ the ps•~rtics or ifCl'!'Y exercises iTs night oftcTmir~atian. BN`I'XYrltk?.L) INTA el]r~ctive the _,_~ day af_ ~ ~S~t.., ZOpB. BA,i~FOk7' Yrl MCf[]F1TAilV WEST HOUSTUN x.I.C C;U~Y Title; ,~~ ..tL7"r'LST; 1'T ~ f,A PE~3RTps , ......- t3 ~'~ ~at~-rya A. Gillett y Alton L. er ~ City Secr~taty Mao Al'PR~V>3C~; ~ C'lar T_ Aslcins Roar, X;attarr~, City ACtorr~~*~r City M:~nagac• Aua~~a-~oo$ ~D ~~; a~ ~M FAX R[0, P, as 5 This ~ ~;7~C~IT A, consisting cyf 1 pa~c~, xefcrredta in acrd part afthc Water Service Agr~~nent ar~dlur Sanitary Sewer Serve A~'e~emtent bet~rrerr CITY arcci CCM1'1~NY' cjated Initial: CIwTY CQMZ'A.NY 117;~1]['.C[t)I~TA~~. REQ~~(1t1,,IViFNT~ 7'ltc .~lreett7crtt is ;a.rnencicd and serpplcrrtentecl to r'ncli:de tlic fc~llawing a~}r-eernerrt of the parties (~O.M~R,t~1!lY sh{rll pravide ~ulditional intprctverxaents as speciFically set forth below. These a~'eertients repzesent co~r;~ctraal undertalrings ~~' COMPANY, trndcrtal:err to ~dnce CITY tc~ sell wa#cr and/crx s~initary sewer io G~TVIPANY pursta~nt to the teratrs of tlyo Water Service .E1gr-eertta~ryt and/or Sanitary ~evuer Service Agreement and this addendum. Said adclitianal irrrl.~rovcment~ urtclcrl~sken Uy (:C~1`rIp'ANY are <~.n integral pzrt oftl~e cor~siderakion by C~MP.AN~' l'car ttlyt~tirring the prrivision af'water andlor sanitary sewer service frc~ttt CITY. 1) Storm Watc~ Plan: liar new devclapmarr-t CUMP~'1~1'Y shall provide a Stai•n~. Wafiat• ]~anagcxrrent Plan that is approved by 1'-iarris Cortrtt~r 7;load Control Distract and CI~"~`. C[)MFAN'~ s~l~all ca:nstru,ct and maintain any storm wa1~r systeatr its a ctrrtditian of contirtaed, w.~.ter and/or savor service. ~) B~a.[rtifics,tiGtra Z a:Ffotts: CDJVl1'ANY shaET.l sulrrnrt a I~asrdscsping I?latt subject to approval by CITY. CC~MP,A,N Y shall ixtistall anal tnair3tain laxrdscaping along its czcisting developed frontage as -per approved Lanclscapin~ ~'1an as a cortditiort of continned'water service. 3) Sampling We11: C~ll!CPANY shall install a sanitary sewer sampling we11 in accordance ~vitlt CITY's s Candards. 4) T7~cltIStr•saX Waite Pi`nxrit: C;CIMPANY shall srtlxa-rit application to Cl<'Z'Y 1'or industrial waste permit. f i~ , ~` _ ,3 r ~ ft~; i ~ r.l~= ~ "~ r . 1 ~ ~ <}. ., . ~, `, ~ ll <__~ ~ x r 3 4 i-,,, - .~ - LL_ r~ r~: r ~~ 7~ '1 _ _ C' i . 3 z j _ c r t.~' '.i ._ ` _i r; {[; ,~ r rrr, k ~Clz~~ ~ ~~3 t ~J?C~~C`~Vat~L?~ ~~~. .~_ - _ S ~ ^ r', ,. -; n ~ K _~ ~~~ -S -~ ~jj~/.f3/7' ~