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HomeMy WebLinkAboutResolution No. 71-10 RE 50LUTION N0. %L� - `,1% RESOLUTION APPROVING ADOPTION OF WASTE DISPOSAL AGREEMENT BETWEEN THE CITY OF FRIENDSWOOD, TEXAS AND HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER 108; AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDS- WOOD, TEXAS, DULY ASSEMBLED: THAT the attached Cont�act, by and between the City of Friends- wood, Texas and Harris County Water Control and Improvement District No. 108r which was executed by Harris County Water Control and Im- provement District No. 108, is hereby approved and the terms thereof agreed to by the City Council. THAT the Mayor is authorized to execute said Contract in dupli- cate for the City of Friendswood, as the act and deed of the City and City Secretary shall attest thereto. PASSED, APPROVED and ADOPTED on motion of Councilman Patton this 21st day of October, 1971. Voting Aye: Councilman Hamil, Lowe, Patton and Mager Voting No : Councilman Gonzalez //,-���.�� f`, �'=`� EDWARD F. STUART, Mayor ATTEST: ' � ����.� City Secretary WASTE DISPOSAL AGREEMENT BETWEEN THE CITY OF FRIENDSWOOD, TEXAS AND HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 108 STATE OF TEXAS X X COUNTY OF HARRIS X COUNTY OF GALVESTON X THIS AGREEMENT, entered into as of �!��.�,.,����� �,�..� fq�� by and between the City of Friendswood, Galveston County, Texas and Harris County Water Control and Improvement District No. 108 of Harris County, Texas W I T N E S S E T H: DEFINITIONS As used in this Agreement, the following words and terms shall mean and include, and are defined as follows, unless the context shall clearly indicate a different meaning: l. City - The City of Friendswood, Galveston County, Texas, or, if the context dictates, its City Council. 2. District - Harris County Water Control and Improve- ment District No. 108 , Harris County, Texas, or, if the context dictates, its Board of Directors. 3 . inTaste - Raw, domestic sanitary sewage and commercial waste, consisting of liquid-carried waste discharged from the sanitary conveniences of dwellings, commercial establishments and other buildings, such acceptable infiltra- tration �ater as may be prese�t and as further limited in this contract, and garbage which has been shredded to such a degree that all particles will be carried freely under the flo�r conditions normally prevailing in public se�rers. Nothing detrimental to the operation of the se�zage disposal system is to be considered as sanitary or commercial waste under the terms of this contract. 4 . GPD - Gallons per day AGREEMENT For and in consideration of the promises and of the mutual promises, obligations, covenants and benef its in this contract, Dis- trict and City contract and agree as follows: REC I:TAL S District is presently having sewage and waste from residences and commercial establishments within its boundaries treated at the sewage treatment plant owned and operated by the Clear Woods Improvement District. District has been informed by Clear Woods Improvement District that District 's right to have its sewage and waste treated at said plant will terminate on February 26, 1972. City owns and operates a sanitary sewer system for the collection and treatment of waste from residences and commer- cial establishments within its boundaries , and City treats and disposes of such waste through its existing treatmerit facilities. City has determined that it can provide suitable sanitary sewer se:rvices to receive, transport, treat and dispose of waste so col- lected and City and District agree that it is in the best interest of both parties to contract for City to provide such sanitary sewer services to District within the limits hereinafter set forth. Both parties have further determined that it will be of mutual economic benefit to have City serve District on a permanent basis, provided that the conditions hereinafter set forth are met. District' s ultimate capacity will be 460,000 gallons per day (GPD) . This capacity was and is calculated in ths following manner: A. 1,134 total units X 3 .5 residents per unit = 3 ,969 (ultimate District Population) B. 3,969 residents X 90 GPD usage per resident = 357,27.0 GPD usage by residents C. 357,210 GPD resident usage 100,000 GPD commercial u:sage 457,21.0 GPD maximum District usage D. For multiple dwellings, consisting of two or more family units , each dweTling unit shall be considered individually for purposes of billing, regardless of the number of taps . ARfiICT,E I _ _ . Facilities' to be constructed by District: District will, at its sole cost and expense, construct, furnish and install sewer -2- lines and other facilities as may be necessary for the transporta- tion and delivery of said waste from the present lift station of District to the sanitary sewer trunk line facilities of City leading to Friendswood Plant #2. All such lines and facilities so constructed and installed by District between District's sewage lift station and the point of connection of District's sewage transportation system with City' s sewer trunk line or lines shall meet and conform to the present standards of City, relating to similar construction and installation, shall be examined by City' s engineers to assure conformity thereto, and shall be maintained by District in accordance with such standards . District agrees: to maintain its gathering system so as to keep infil- tration at a reasonably acceptable level consisterit with the then current standards that wauld be expected in a gathering system pro- perly constructed and maintained. In£iltration rate will be determined by sound, .acceptable technical procedures. It is specifically agreed that all sewage treatment lines and facilities presently constructed and in place within District's boundaries are acceptable to City, subject to District's obligation to maintain same pursuant to the terms of this agreement. At such time as City may determine that there will be needed additional capacity for sewage treatment and/or improvements to pro- vide tertiary or improved treatment to meet the needs of District and the needs within City`s boundaries , it shall give District notice of same within sixty (60� days of receipt of such notice, or upon connecting its sewage discharge lines to Frieridswood Sewer Plant #2, or trunk line or lines leading thereto, whichever event first occurs, District shall pay to City the sum of $239 ,000 for expansion and improvement of City's sewage treatment facilities to a size and efficiency to meet all state and federal rules and regulations applica- ble to such treatment facilities at the time payment is made . -3- Upon making said contribution, District shall be entitled to 460, 000 gallons per day sewage treatment capacity in facilities provided by Friendswood throughout the term of this agreement and pursuant to the terms of this agreement. District' s total obligation shall not exceed $239,000, except as follows: 1. If District should at any time require treatment of more than 460,000 GPD, it agrees to negotiate with City for anticipated additional treatment capacity prior to any increase beyond 460,0�0 GPD. 2. In addition to District negotiating for its share of improvement and expansion costs as aforesaid concerning capacity, District also agrees to enter into negotiations �rith City concerning District' s fair share of costs to increase plant treatment capabilities in regards to ad- vanced treatment as may be determined necessary by state and/or federal regulations without regard to capacity herein contracted. City will be responsible for all operation and maintenance of said plant. Design and construction of the sewage treatment plant shall meet all requirements and standards of the proper local and state agencies prevailing at the time of design and construction. City further agrees to apply to the Texas Water Quality Board for an amendment to its e�isting permit from said Board to increase the size of said perm it to discharge treated sewage eff luent so that it v,rill be adequate in capacity to serve District and City as contemplated under this contract. Once District has made the payment hereinabove mentioned, and plant expansion and improvement has been completed as herein provided, District shall be entitled at all times through the term of this Agreement to have treated through said plant as expanded and improved up to 460, 000 GPD of caaste from its residences and/or commercial establishments. The 460,000 GPD volume is to be determined as defined in the Recitals on Page 2 of this contract and �rith infiltration rates being limited as set forth under the terms of this contract. Inspection by City: Representatives of City shall have access at all reasonable times to all lines, facilities and sewer taps as are to be constructed and installed by District and City -4- may make such inspections thereof as it shall deem necessary or desirable. All future installations made by District shall meet e�isting City of Houston applicable codes at the time the improve- ments are installed. ARTICLE II Collection, treatment and disposal of waste, quality changes and related matters: Subject to the terms and conditions herein set foxth, District shall deliver to City all �aste collected by District through its collection system and City shall accept such waste for treatment and disposal as herein provided. City shall not be required to accept industrial wastes emanating from industrial processes . Billing, rates and charges: Sewage treatment rates and charges shall be billed in accordance with City' s billing schedule, and shall be due and payable by District ten (10) days after receipt thereof. Rate classifications and rates charged District by City shall be the same as those charged customers of like classif ication within City' s boundaries . District shall furnish monthly to City an itemized list of sewer connections and/or units served within District' s boundaries during the preceding month. City may make such inspections as may be necessary from time to time to determine the numbers and types of connections and/or units being served. District shall have full discretion to set such tap fees for its own connections as it deems appropriate and shall retain all of such fees. ARTICLE III Commencement of Dperations; Term of Contract: City agrees to begin accepting waste from District under the terms and conditions of this contract upon ten (10) days written notice from District following connection of District' s lines and other necessary to those of City. This contract shall be in force and effect for a period of forty (40)years from its date of e�ecution or for such period of time until all bonds issued to f inance construction of improvements herein contemplated are fully paid or until refunding bonds issued in lieu of such bonds are paid in full, whichever is greater. -5- ARTICLE IV Books and Records: District and City each agree to preserve for a period of at least two (2) years from their respective origins all books, records, test data, charts and other records relating to the performance of each such party under the provisions of this con- tract, and District and City shall each, respectively, have the right at all reasonable hours to examine such records of the other to the e�tent necessary to verify the accuracy of any statement, charge or computation made pursuant to any provision of this contract. ARTICLE V Addresses and Not'ices: All written notices required or permitted to be given under this contract from one party to the other shall be given by United States Certif ied or Registered Mail, with proper postage affixed thereto, addressed to the other party at the addresses shown below: (1) City - City of Friendswood, Texas Friendswood City Hall 109 Willowick Friendswood, Texas 77546 (2) District - Harris County Water Control and Improve- ment District No. 108 1811 Houston Natural Gas Bldg. Houston, Texas 77002 District and City further agree that each will provide changes of address in the event such changes occur. ARTICT�E VI Regulatory Agencies: This contract is subject to all rules, regulations or laws which may be applicable to similar agree- ments in the State of Texas, including the Interlocal Cooperation Act, Acts, 62nd Legislature, Regular Session, Chapter 513 , other- wise known as Bill No. 646, effective May 31, 1971, and District and City each agree to fully cooperate each with the other, in obtaining such permits, certif icates or the like as may be reguired to comply � therewith. ARTICLE VII Severability: If any c�zord, phrase, clause, sentence, para- graph, section or other part of this contract shall ever be held -6- illegal or ineffective by a court of competent jurisdiction, the remainder of this contract shall not be affected thereby. ARTICLE VIII Successors and Assigns: This contract shall be binding upon all successors and assigns of the City and District. P;R'I'ICLE IX Breach: District and City stipulate that the spirit and purpose of this contract is intended to provide modern, effective sewage treatment and to minimize proliferation of sewage treatment facilities in their respective areas. As such, damages to either party from breach of this contract by the other party are difficult to ascertain at the time of execution hereof. However, should either party violate the terms hereof, and as a result of such violation, f ines, penalties or damages result to the other party, the part� determined to be at fault by a Court of competent jurisdiction, or by stipulation, shall pay to the other party any and all such fines, penalties or damages. IN WITNESS WHEREOF, the parties hereto, acting under author- ity of their respective governing bodies, have caused this agreement to be duly executed in duplicate copies, each of which shall consti- tute an original. 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