HomeMy WebLinkAboutDANA TANK CONTAINER, INC. - WSA & SSSA03/06/98
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STATE OF TEXAS §
COUNTY OF HARRIS §
WATER AND SANPPARY SEWER SERVICE AGREEMENT
(With Utility Extension Agreement)
This AGREEMENT made and entered into by and between the CITY OF LA PORTS, TEXAS, a
municipal corporation of Harris County, Texas, hereinafter called' "CITY", and DANA TANK
CONTAINER. INC , a New Jersey corporation, hereinafter called "COMPANY".
I.
COMPANY is the owner of certain real property which is situated in CITY'S Battleground
Industrial District and not within the corporate limits of the CITY. CITY and COMPANY have
entered into an Industrial District Agreement, and a Utility Extension Agreement, both of even date
herewith, reference to which is here made for all purposes; and Whereas, it is the intention of
CITY and COMPANY that should there be any conflict between the provisions of said Industrial
District Agreement, and said Utility Extension Agreement, and the terms and provisions of this
Water and Sewer Service Agreement, the terns and provisions of the Water and Sewer Service
Agreement and the Utility Extension Agreement, as the case may be, shall control, to the extent of
such conflict only.
COMPANY is desirous of purchasing potable water and sanitary sewer service from CITY
for usual human domestic consumption and uses, and sanitary sewer service for tank washing and
cleaning of tank trucks by COMPANY. Previous planning considerations for the long-range
potable water supply and sanitary sewer service 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 and sanitary sewer service as requested. CITY agrees,
however, to provide limited potable water and sanitary sewer service to CO1vIPANY. For and in
consideration of furnishing domestic potable water and sanitary sewer service by CITY, the parties
hereto agree as follows, to -wit:
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COMPANY has made the following representations to CITY as to its request for water and
sanitary sewer service, as of the date of this agreement, upon which representations CITY has
relied in entering into this Agreement.
Domestic water and sanitary sewer = 1,000 gallons per day (gpd)
Industrial sewer (tank washing and cleaning) = 28,750 gallons per day (gpd)
TV.
CITY has determined that adequate facilities are available to CITY to fumish limited
potable water and sanitary sewer to COMPANY based on the following terms and conditions, to -
wit:
PAYMENT
(A) Payment to CITY in the amount of $114,355.00 for participation in Ciry's
construction costs for extending casings and carrier pipe across State Highway 225.
Construction costs for lines extended under the Utility Extension Agreement shall be
credited against this $ 114.355.00.
(B) An initial payment of $25,000.00 shall be due and payable to the City upon
execution of this agreement and prior to constriction of utilities extended under the Utility
Extension Agreement. The balance shall be paid in full upon completion and acceptance of
lines extended under the Utility Extension Agreement and before any water and sewer
service is provided to COMPANY.
(C) COMPANY shall file an application for water service with CITY'S Utility Billing
Division and pay appropriate deposit.
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POTABLE WATER SERVICE
(A) The average daily demand for domestic usage of water is established at 1,000
gallons per day (gpd).
(B) The average monthly demand for domestic usage of water, thirty thousand five
hundred (30,500) gallons per month (gpm) is established by multiplying the average
daily demand by a factor of 30.5, which shall be used to facilitate service billings.
(C) The cost_of domestic water up to the average monthly demand of thirty thousand
five hundred (30,500) gallons per month shall be one hundred fifty percent (150%)
of the CITY'S current rate as established from time to time for commercial
customers inside its corporate limits.
(D) The cost of domestic water amounts used in excess of the established average
monthly demand shall be two hundred percent (200%) of the CITY'S current rate as
established from time to time for commercial customers inside its corporate limits.
(E) Nothing contained in this Agreement shall obligate CPI'Y to furnish more than the
average monthly demand of thirty thousand five hundred (30,500) gallons of potable
water service for
domestic usage.
Repeated
consumption
greater than the
established average
monthly demand
may result in
termination of
service.
(F) CITY shall have the right to interrupt or temporarily suspend water service to
COMPANY if
an emergency arises and
there is not an adequate
water supply to
meet the needs
of citizens of La Porte.
(G) CTI'Y reserves the
right
to enforce
its drought
contingency plan on all water
customers at CITY'S
sole
discretion.
(II) A reduced pressure zone backflow
preventer shall be
installed and
maintained by
COMPANY to protect CITY from
any possible cross
connections.
All backflow
prevention assemblies shall be tested upon installation by a recognized backflow
l
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prevention assembly tester. Backflow prevention assemblies must also be tested and
certified at least annually or at CITY discretion.
m COMPANY agrees that it shall be bound by all applicable ordinances of CITY, and
regulations of any state or federal agency having jurisdiction relative to the
famishing of potable water to customers within the corporate limits of CITY.
Should there be any conflicts between the provisions of this agreement and normal
billing practices of the CITY, this agreement shall prevail to the extent of the
conflict only.
(7) The potable water supply system will be segregated from any existing and future
COMPANY fire protection system.
(K) There shall be no resale of the water provided by CITY, nor any extension of
service lines by COMPANY to serve other parties.
(L) The total cost for the engineering design and construction of any potable water
main, service line, back Clow preventer, meter or other required appurtenances will
be the responsibility of COMPANY.
(Ivi) 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 servi,:e lines and plumbing
facilities beyond the meter. CITY shall own and maintain the meter.
WASTEWATER SERVICE
(A) Sanitary sewer service extended to COMPANY will be to provide for domestic
usage and tank cleaning operations to the DANA Corporation. The average daily
demand for wastewater is established at 29,750 gallons per day (gpd). COMPANY
shall be limited to 28,750 gallons per day (gpd) for purposes of tank washing and
cleaning and shall be restricted to total wastewater flow of 29,750 gallons per day
(pd)•
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(B) The average monthly demand for wastewater, nine hundred seven thousand three
hundred seventy five (907,375) gallons per month is established by multiplying the
average daily demand for wastewater by a factor of 30.5, which shall be used to
facilitate service billings.
(C) The cost of
wastewater up to
the average
monthly
demand
of 9077375 gallons per
month shall
be one hundred
fifty percent
(150%)
of the
CITY'S current rate as
established from time to time for commercial customers inside its corporate city
limits.
(D) The sanitary sewer costs for amounts used in excess of the established 907,375
gallons per month demand shall be two hundred percent (200%) of the CITY'S
current rate as established from time to time for commercial customers inside its
corporate limits.
(E) Nothing contained in this agreement shall obligate the CITY to furnish more than
the average monthly demand of 907,375 gallons per month. Repeated consumption
greater than the established average monthly demand may result in termination of
service.
(F) For purposed of billing and compliance with other provisions of this agreement.
COMPANY agrees to install a meter to measure the sanitary wastewater flow from
COMPANY'S facilities. COMPANY shall be billed for 100% of the metered
wastewater flow. CITY shall approve the location and type of meter.
(G) COMPANY agrees that annually or at the CITY'S discretion, the meter shall be
calibrated and the results furnished to the CITY. All testing shall be at
COMPANY'S expense.
� COMPANY agrees to constnict enough sanitary sewer storage on -site to
accommodate no less than four times the average daily demand of wastewater
generated from its operations, for a period of thirty-six hours.
(I) COMPANY agrees that daring periods when the CITY'S collection system is
surcharged, the CITY may require them to cease use of the sanitary sewer service
for periods not to exceed thirty-six (36) hours.
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(J) City shall have the right to interrupt or temporarily suspend said sewer service to
COMPANY if an emergency arises and there is not adequate sewer treatment or
collection system capacity to meet the needs of the citizens of La Porte.
(K) COMPANY agrees that it shall be bound by CITY'S Industrial Waste Ordinance
(Ordinance No. 1663) and any subsequent amendments or revisions.
(L) COMPANY agrees that it shall be bound by all other applicable ordinances of
CPI'Y and regulations of
any state
or federal
agency
having jurisdiction;
relative to
the furnishing of sanitary
sewer to
customers
within
the corporate limits
of CITY.
Should there be any conflicts between the provisions of this agreement and normal
billing practices of the CITY, this agreement shall prevail to the extent of the
conflict only.
(Ivi) There shall be no resale of the sewer capacity provided by CITY, nor any extension
of service lines by COIviPANY, to serve other parties.
(IV) All expenses of the installation of sanitary sewer service lines 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 property line.
V.
All plumbing installed by COMPANY connected to the public utility main 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 to prior review and approval of
COMPANY'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 and sanitary sewer service to
COMPANY.
VI.
CITY shall have final authority over size, location, materials, and other engineering matters
concerning the extension of water and sewer mains to COMPANY'S property. These matters are
the subject of a
Utility
Extension Agreement between the parties, of even date herewith.
to 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
t" t
relocation, adjustment, or replacement,
VII.
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CITY reserves the right of entry at all reasonable times for the purpose of inspection of
COMPANY'S water and sanitary 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
CTTY 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 CITY'S water supply is threatened or the integrity of the CITY'S wastewater
collection or treatment facilities are threatened.
I►�
Upon receipt of written notice of termination, COMPANY shall have up to six (6) months
to prepare for transition to another water and sewer service. If the transition is not complete within
said six-month period, or if repeated violations occur during this period, CITY shall have the right
to terminate water service at its sole discretion.
X.
The term of this Agreement shall be for five years plus any agreed 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.
f
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ENTERED INTO effective thedal
CPI'Y OF LA PORTE
ATTEST:
Le
44
Ma o A. Gillett
City Secretary
APPROVED:
Knox W. Asldns
City Attorney
By:
By: ��C�ITY OQF LjA�PORTE
�--C_ : I
Norman L. Malone
Mayor
By: ��1e,vE. T. �Lvun.tiJ
Robert T. Herrera
City Manager
City Attomey City of La Porte
PO Box 1218 PO Box 1115
LaPorte, TX 77572-1218 La Porte, TX 77572-11 l5
Phone: (281) 471-1886 Phone: (281)471-5020
Fax: (281) 471-2047 Fax: (281)471-7168
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