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HomeMy WebLinkAboutRES 06-351 RESOLUTION NO. 06-351 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute water and/or wastewater service agreements with wholesalers and non-transient non-communities in accordance with the Texas Commission on Environmental Quality rules and regulations regarding Public Water Systems. Examples of the agreements are substantially in the forms attached hereto as Exhibits 'A" "B," "C," and "D," and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of November, 2006. UMO �X11, - Mayor Guy N. Goodson - 1 U uu X �� City of Beaumont SERVICE AGREEMENT CONTRACT � L STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § CONTRACT BETWEEN City of Beaumont ■ Customer WHEREAS, Customer, doing business in the State of Texas(herein"Owner'), and the City of Beaumont,a municipal corporation of the State of Texas (herein"City')entered into a Contract on 2006,for the City to provide potable drinking water services to Customer. WHEREAS,the City and Customer desire to adopt a Service Agreement Contract for the provision of potable drinking water services to Customer and agree as follows: WITNESSETH I Customer agrees to maintain,free of charge to the City,the water lines within its property. II The City shall have the right to enter on the Customer property or premises with 24 hour prior notice for any purposes reasonably incidental to or necessitated by the terms and provisions of this Contract. The City will abide by all Customer site safety rules and other site access rules while on Customer property. City afBeatmat 13501,.E Road Water vsw;es n Page 1 of 6 Besumod,Twee M07 EXHIBIT "A" III Customer agrees to install and maintain a UL approved RPZ (reduced pressure zone)backflow prevention device at the point of service(the meter). The City will give a variance of several feet so that the RPZ can be placed inside the fence for protection. The RPZ must be installed according to the requirements in City Ordinance 01-032,Section 28-57.12. The assembly must be tested upon installation and annually by a certified tester. IV Customer agrees to install and maintain all appropriate required backflow and backsiphonage prevention assembly devices deemed necessary by the Texas Commission on Environmental Quality regulations to protect the internal customers. The internal protection of the drinking water supplied to Customer employees and/or customers is the responsibility of Customer. The City will provide guidance on proper cross connection prevention. V Customer agrees to comply with applicable City Code of Ordinances including the following restrictions and unacceptable practices prohibited by State regulations: 1. No direct connection between the public drinking water supply and a potential source of contamination is permitted. Potential sources of contamination shall be isolated from the public drinking water supply by an air-gap or a reduced pressure-zone backflow prevention device. 2. No cross-connection between the public drinking water supply and a private water system is permitted. These potential threats to the public drinking water supply shall be eliminated at the service connection by the installation of an air-gap or an approved backflow prevention device. 3. No connection which allows water to be returned to the public drinking water supply is permitted. 4. No pipe or pipe fitting which contains more than 8.0% lead may be used for the installation or C4 of Bmnnont t Page 2 of 6 neat,TI a°�77707 repair of plumbing at any connection which provides water for human use. 5. No solder or flux which contains more than 0.2%lead shall be used for installation or repair of any water supply which provides water for human use. VI The Water Utilities Department will maintain a copy ofthis Contract as long as the Customer and/or the premises are connected to the Water Utilities Department. Additional requirements are listed below: 1. Customer shall have their property inspected for possible cross-connections and other potential contamination hazards. These inspections shall be conducted by a qualified inspector acceptable to the Water Utilities Department annually,or when there is reason to believe the cross-connection or other potential contamination hazards exist due to changes to the private water distribution facilities. 2. Customer shall notify the Water Utilities Department in writing of any cross-connection or other potential contamination hazard which has been identified during the initial inspection or the annual reinspection. 3. Customer shall immediately remove or adequately isolate any potential cross-connections or other potential contamination hazards on their premises. 4. Customer shall, at their expense, properly install, test annually, and maintain any backflow prevention device required by the Water Utilities Department. Copies of all testing and maintenance records shall be provided to the Water Utilities Department by July 30 of each year or date of annual testing schedule. VII Customer will be responsible for all reporting requirements to the State as a Public Water Supply System. The City will provide annually the Consumer Confidence Report for its distribution. In the event of a change in treatment or distribution such as utilizing treated water other than City supply, Customer agrees City of Beaumont 1350 Langham Road water utilities Deparhnent Page 3 of 6 Be=mout,Texas 77707 to promptly report to the City. This is to include any violations of chlorine and/or coliform monitoring. VIII Customer is authorized to use a maximum of gallons per hour on a daily average or gallons per day. The rates applied by the City can be negotiated if the demand of Customer changes. IX Customer agrees to pay to the City all charges for water service within thirty(30)days from date of statement from the City. In the event of failure of Customer to so pay said charges,City shall have the right, upon thirty(30)days written notice to Customer,to refuse to provide potable water service to Customer. X Customer will pay the same rate for water services as established from time-to-time by the City Council for outside the City of Beaumont. The event said rates are altered or amended by City Ordinance, Customer agrees to pay said amended rates. XI Customer agrees to: 1. Adopt a resolution or take some other official action agreeing to the terms and conditions of this Contract, 2. Adopt a resolution or take some other official action ratifying,affirming and accepting the benefits and agreeing to the terms,conditions and requirements of this Contract;and 3. Enter into such other or additional contracts or agreements as may be reasonably required to carry out the purpose and intent of this Contract. City of Beaummd 13501 Angham Road Water Utilities Department Page 4 of 6 Bea„mon2,Texas 77707 XII This Contract shall be for a period of 12 months from and after the date of execution. XIII Customer may,from time to time,convey or assign this Contract with respect to all or any part of the land contained within Customer's property boundaries,and the assignee or assignees shall be bound by this Contract. Upon prior approval by the City Council, of the assignee or assignees, and only upon the condition that the assignee or assignees assume the liabilities, responsibilities and obligations under this Contract with respect to the land involved in the assignment or assignments,or as may be otherwise approved by the City Council. In connection with this Contract, official addresses for notification shall be: A. Hani J. Tohme, Director City of Beaumont Water Utilities Department 1350 Langham Road Beaumont, Texas 77707 B. Customer Any changes in said addresses may be made by notifying the other parties by certified mail of the new or changed contact person and/or address. XIV This Service Agreement represents the entire and integrated Contract between the City of Beaumont and Customer and supersedes all prior negotiation,representatives,or agreements,either oral or written. This Contract may be amended only by written instrument signed by both the City of Beaumont's City Manager and Customer. City of Beaumaat 1350 LwTham Road Water IRilities Departnmt Page 5 of 6 Beaumont,Texas 77707 IN WITNESS WHEREOF,the City of Beaumont Water Utilities Department has lawfully caused these presents to be executed by the hand of the City Manager of said City,and the municipal corporate seal of said City to be hereunto affixed,and the said Customer,Customer,acting by hand of the President and/or Manager whereunto Authorized Representative,does now sign, execute and deliver this document. Executed in duplicate originals at Beaumont,Texas,on this day of A.D.,2006. Customer CITY OF BEAUMONT/CITY MANAGER By: By (PRINT) Authorized Representative Date Kyle Hayes, City Manager Date By: Signature of Authorized Representative Date Attest: Attest: Date Date STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § BEFORE ME,the undersigned,a Notary Public in and for the said county and state,on this day personally appeared known to me to be the person and officer whose name is subscribed to the foregoing instruction,and acknowledged to me that the same was the act of the said Customer,and that he executed the same as the act of such company for the purposes and consideration therein expressed,and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of ,A.D. 2006. Notary Public My Commission Expires: City of Beaumont 1350 Langham Road Water Utilities Department Page 6 of 6 Beaumont'Texas 77707 City of Beaumont SERVICE AGREEMENT CONTRACT � t STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § CONTRACT BETWEEN City of Beaumont ■ Customer WHEREAS, Customer, doing business in the State of Texas (herein "Owner'), and the City of Beaumont, a municipal corporation of the State of Texas(herein"City')entered into a Contract on 2006,for the City to provide provisions of sanitary sewer services to Owner. WHEREAS,the City and Owner desire to adopt a Service Agreement Contract for the provision of sanitary sewer services to Owner and agree as follows: WITNESSETH I Owner agrees to maintain,free of charge to the City,the sewer Imes within its property. II The City shall have the right to enter on the Owner's property or premises with 24 hour prior notice, unless under an emergency situation,for any purposes reasonably incidental to or necessitated by the terms and provisions of this Contract. The City will abide by all Owner's site safety rules and other site access rules City of Beaumont 1330 Lmgham Road Water UtiWas Depart Page I of 5 Beaunwat,Tuna T7^J07 EXHIBIT "B" while on Owner's property. III Owner agrees to maintain its sewer collection line, and a meter to pump its wastewater for monitoring the quantity of sewage delivered to the City's collection system. Owner further agrees to test the accuracy and calibrate the meter upon installation and annually thereafter,in a manner approved by the City, r with the results submitted to the City. Owner shall bear all costs associated with the maintenance of the sewer collection lines on the Owner's property, and the meter. In the event of a malfunction of the meter, Owner agrees to pay for a volume of sewage that is equivalent to previous billing actually provided to Owner for the billing period. In the event that the City questions the accuracy of the meter,the City shall have the right,at its own expense,to test the accuracy of the meter. If the meter is inaccurate by at least 5 percent,Owner agrees to repair and re-calibrate the meter at their expense. IV Owner agrees to abide by the City's code of ordinance, specifically the sewer use ordinance Prohibition of specific types of waste. Owner must notify City prior to industry or large commercial facilities discharging process wastewater to the sewer. The need for a discharge permit and inter- jurisdictional agreement will be evaluated prior to discharge. V Unless approved and authorized by the City,no waste other than domestic or sanitary sewage waste shall be delivered to the City's system,and shall meet limits and prohibitions as set forth in the City sewer use ordinance(Ordinance No. 03-018). City of Beaumont 1350 L m*Am Road Water Utilities Department Page 2 of 5 BeawtoK Texas 77707 VI In the event of an overflow,by pass,or other noncompliance from Owner's sanitary sewage collection system to the States water ways, Owner agrees to promptly report the noncompliance as required by State and Federal authorities. Owner also agrees to promptly use its reasonable best efforts to mitigate any environmental hazard created by the noncompliance and to correct the problem that led tot he noncompliance. Owner also agrees to submit a copy of the notification and report of the mitigation to the City. VII Owner agrees to pay to the City all charges for sewer service within Thirty(30) days from date of statement from the City. In the event of failure of Owner to so pay said charges,City shall have the right, upon thirty(30)days written notice to Owner,to refuse to provide sanitary sewer service to Owner. VIII Owner will pay the same rate for water and sewer services as established from time-to-time by the City Council for outside the City of Beaumont. In the event said rates are altered or amended by City Ordinance, Owner agrees to pay said amended rates. IX Owner agrees to: 1. Adopt a resolution or take some other official action agreeing to the terms and conditions of this Contract, 2. Adopt a resolution or take some other official action ratifying,affirming and accepting the benefits and agreeing to the terms, conditions and requirements of this Contract;and 3. Enter into such other or additional contracts or agreements as may be reasonably required to carry out the purpose and intent of this Contract. City of Beaumont 1350 Langham Road Water Lhilities Department Page 3 of 5 Beaumont,Texas 77707 X This Contract shall be for a period of 12 months from and after the date of execution. XI Owner may,from time to time,convey or assign this Contract with respect to all or any part of the land contained within Owner's property boundaries, and the assignee or assignees shall be bound by this Contract. Upon prior approval by the City Council,of the assignee or assignees,and only upon the condition that the assignee or assignees assume the liabilities,responsibilities and obligations under this Contract with respect to the land involved in the assignment or assignments,or as may be otherwise approved by the City Council. In connection with this Contract,official addresses for notification shall be: A. Hani J. Tohme, Director City of Beaumont Water Utilities Department 1350 Langbam Road Beaumont, Texas 77707 B. Customer Any changes in said addresses may be made by notifying the other parties by certified snail of the new or changed contact person and/or address. XII This Service Agreement represents the entire and integrated Contract between the City of Beaumont and Customer and supersedes all prior negotiation,representatives,or agreements,either oral or written. This Contract may be amended only by written instrument signed by both the City of Beaumont's City Manger and Customer. City of Beaumont 1350 Langham Road waterUtillties Department Page 4 of 5 Beaumont,Texas 77707 IN WITNESS WHEREOF,the City of Beaumont Water Utilities Department has lawfully caused these presents to be executed by the hand of the City Manager of said City,and the municipal corporate seal of said City to be hereunto affixed,and the said Customer, Customer,acting by hand of the President and/or Manager whereunto Authorized Representative, does now sign,execute and deliver this document. Executed in duplicate originals at Beaumont,Texas,on this day of A.D.,2006. Customer CITY OF BEAUMONT/CITY MANAGER By: By (PRINT)Authorized Representative Date Kyle Hayes, City Manager Date By: Signature of Authorized Representative Date Attest: Attest: Date Date STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § BEFORE ME,the undersigned,a Notary Public in and for the said county and state,on this day personally appeared known to me to be the person and officer whose name is subscribed to the foregoing instruction,and acknowledged to me that the same was the act of the said Customer,and that he executed the same as the act of such company for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of ,A.D. 2006. Notary Public My Commission Expires: City of Beaunwmi 1350 Langham Road Water Utilities nepaRment Page 5 of 5 Beaumont,Texas 77707 �� � City of Beaumont SERVICE AGREEMENT CONTRACT M IMMORM"Mms - ML STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § CONTRACT BETWEEN City of Beaumont ■ Customer WHEREAS, Customer, doing business in the State of Texas (herein"Owner'), and the City of Beaumont, a municipal corporation of the State of Texas (herein"City')entered into a Contract on 2006, for the City to provide potable drinking water services and provisions of sanitary sewer services to Customer. WHEREAS,the City and Customer desire to adopt a Service Agreement Contract for the provision of potable drinking water services and sanitary sewer services to Customer and agree as follows: WITNESSETH I Customer agrees to maintain, free of charge to the City,the water lines within its property. H The City shall have the right to enter on the Customer property or premises with 24 hour prior notice for any purposes reasonably incidental to or necessitated by the terms and provisions of this Contract. The City will abide by all Customer site safety rules and other site access rules while on Customer property. City Page 1 of 6 iM EXHIBIT "C" III Customer agrees to install and maintain a UL approved RPZ (reduced pressure zone)backflow prevention device at the point of service(the meter). The City will give a variance of several feet so that the RPZ can be placed inside the fence for protection. The RPZ must be installed according to the requirements in City Ordinance 01-032,Section 28-57.12. The assembly must be tested upon installation and annually by a certified tester. IV Customer agrees to install and maintain all appropriate required backflow and backsiphonage prevention assembly devices deemed necessary by the Texas Commission on Environmental Quality regulations to protect the internal customers. The internal protection of the drinking water supplied to Customer employees and/or customers is the responsibility of Customer. The City will provide guidance on proper cross connection prevention. V Customer agrees to comply with applicable City Code of Ordinances including the following restrictions and unacceptable practices prohibited by State regulations: 1. No direct connection between the public drinking water supply and a potential source of contamination is permitted. Potential sources of contamination shall be isolated from the public drinking water supply by an air-gap or a reduced pressure-zone backflow prevention device. 2. No cross-connection between the public drinking water supply and a private water system is permitted. These potential threats to the public drinking water supply shall be eliminated at the service connection by the installation of an air-gap or an approved backflow prevention device. 3. No connection which allows water to be returned to the public drinking water supply is permitted. 4. No pipe or pipe fitting which contains more than 8.0% lead may be used for the installation or City of Beaumont 1350 Langham Road Water Utilities Department Page 2 of 6 Beaumont,Texas 77707 repair of plumbing at any connection which provides water for human use. 5. No solder or flux which contains more than 0.2%lead shall be used for installation or repair of any water supply which provides water for human use. VI The Water Utilities Department will maintain a copy ofthis Contract as long as the Customer and/or the premises are connected to the Water Utilities Department. Additional requirements are listed below: 1. Customer shall have their property inspected for possible cross-connections and other potential contamination hazards. These inspections shall be conducted by a qualified inspector acceptable to the Water Utilities Department annually,or when there is reason to believe the cross-connection or other potential contamination hazards exist due to changes to the private water distribution facilities. 2. Customer shall notify the Water Utilities Department in writing of any cross-connection or other potential contamination hazard which has been identified during the initial inspection or the annual reinspection. 3. Customer shall immediately remove or adequately isolate any potential cross-connections or other potential contamination hazards on their premises. 4. Customer shall, at their expense, properly install, test annually, and maintain any backflow prevention device required by the Water Utilities Department. Copies of all testing and maintenance records shall be provided to the Water Utilities Department by July 30 of each year or date of annual testing schedule. VII Customer will be responsible for all reporting requirements to the State as a Public Water Supply System. The City will provide annually the Consumer Confidence Report for its distribution. In the event of a change in treatment or distribution such as utilizing treated water other than City supply, Customer agrees City ofBemmux t 1350 Langham Road Water utilities Department Page 3 of 6 Beaumont,Texas 77707 to promptly report to the City. This is to include any violations of chlorine and/or coliform monitoring. VIII Customer is authorized to use a maximum of gallons per hour on a daily average or gallons per day. The rates applied by the City can be negotiated if the demand of Customer changes. IX Customer agrees to pay to the City all charges for water and sewer service within thirty(30)days from date of statement from the City. In the event of failure of Customer to so pay said charges, City shall have the right, upon thirty(30)days'written notice to Customer,to refuse to provide potable water service and sanitary sewer service to Customer. X Customer will pay the same rate for water and sewer services as established from time-to-time by the City Council for outside the City of Beaumont. The event said rates are altered or amended by City Ordinance, Customer agrees to pay said amended rates. XI Customer agrees to: 1. Adopt a resolution or take some other official action agreeing to the terms and conditions of this Contract, 2. Adopt a resolution or take some other official action ratifying,affirming and accepting the benefits and agreeing to the terms, conditions and requirements of this Contract;and 3. Enter into such other or additional contracts or agreements as may be reasonably required to carry out the purpose and intent of this Contract. C4 er MW t �Bewmiont Department Page 4 of 6 ° ,Texas R XII This Contract shall be for a period of 12 months from and after the date of execution. XIII Customer may,from time to time,convey or assign this Contract with respect to all or any part of the land contained within Customer's property boundaries, and the assignee or assignees shall be bound by this Contract. Upon prior approval by the City Council, of the assignee or assignees, and only upon the condition that the assignee or assignees assume the liabilities, responsibilities and obligations under this Contract with respect to the land involved in the assignment or assignments,or as may be otherwise approved by the City Council. In connection with this Contract,official addresses for notification shall be: A. Hani I Tohme,Director City of Beaumont Water Utilities Department 1350 Langham Road Beaumont,Texas 77707 B. Customer Any changes in said addresses may be made by notifying the other parties by certified mail of the new or changed contact person and/or address. XIV This Service Agreement represents the entire and integrated Contract between the City ofBeaumont and Customer and supersedes all prior negotiation,representatives,or agreements,either oral or written. This Contract may be amended only by written instrument signed by both the City of Beaumont's City Manager and Customer. C' of Beaumont Leagham RY 1330 Road Water Utilities Department Page 5 of 6 Beaumont,Texas 77707 IN WITNESS WHEREOF,the City of Beaumont Water Utilities Department has lawfully caused these presents to be executed by the hand of the City Manager of said City,and the municipal corporate seal of said City to be hereunto affixed, and the said Customer, Customer,acting by hand of the President and/or Manager whereunto Authorized Representative, does now sign, execute and deliver this document. Executed in duplicate originals at Beaumont,Texas,on this day of A.D.,2006. CUSTOMER CITY OF BEAUMONT/CITY MANAGER By: By (PRINT) Authorized Representative Date Kyle Hayes, City Manager Date By: Signature of Authorized Representative Date Attest: Attest: Date Date STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § BEFORE ME,the undersigned,a Notary Public in and for the said county and state,on this day personally appeared known to me to be the person and officer whose name is subscribed to the foregoing instruction,and acknowledged to me that the same was the act of the said Customer,and that he executed the same as the act of such company for the purposes and consideration therein expressed,and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of ,A.D. 2006. Notary Public My Commission Expires: City of Beaumont 1350 Lan&M Road Water Utilities Departing Page 6 of 6 Beaumont,Texas 77707 City of Beaumont SERVICE AGREEMENT CONTRACT M IL STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § CONTRACT BETWEEN City of Beaumont ■ Customer WHEREAS, Customer, doing business in the State of Texas(herein"Owner'), and the City of Beaumont,a municipal corporation of the State of Texas(herein"City')entered into a Contract on M 20 2006,for the City to provide potable drinking water services to Customer. WHEREAS,the City and Customer desire to adopt a Service Agreement Contract for the provision of potable drinking water services to Customer and agree as follows: WITNESSETH I Customer agrees to maintain and replace,free of charge to the City,the water lines within its property. II The City shall have the right to enter on the Customer property or premises with 24 hour prior notice for any purposes reasonably incidental to or necessitated by the terms and provisions of this Contract. The City will abide by all Customer site safety rules and other site access rules while on Customer property. III Customer agrees to install and maintain a UL approved RPZ (reduced pressure zone)backflow City Page I of 6 itM EXHIBIT `D' prevention device at the point of service(the meter). The City will give a variance of several feet so that the RPZ can be placed inside the fence for protection. The RPZ must be installed according to the requirements in City Ordinance 01-032,Section 28-57.12. The assembly must be tested upon installation and annually by a certified tester. IV Customer agrees to install and maintain all appropriate required backflow and backsiphonage prevention assembly devices deemed necessary by the Texas Commission on Environmental Quality regulations to protect the internal customers. The internal protection ofthe drinking water supplied to Customer employees and/or customers is the responsibility of Customer. The City will provide guidance on proper cross connection prevention. V Customer agrees to comply with applicable City Code of Ordinances including the following restrictions and unacceptable practices prohibited by State regulations: 1. No direct connection between the public drinking water supply and a potential source of contamination is permitted. Potential sources of contamination shall be isolated from the public drinking water supply by an air-gap or a reduced pressure-zone backflow prevention device. 2. No cross-connection between the public drinking water supply and a private water system is permitted. These potential threats to the public drinking water supply shall be eliminated at the service connection by the installation of an air-gap or an approved backflow prevention device. 3. No connection which allows water to be returned to the public drinking water supply is permitted. 4. No pipe or pipe fitting which contains more than 8.0% lead may be used for the installation or repair of plumbing at any connection which provides water for human use. 5. No solder or flux which contains more than 0.2%lead shall be used for installation or repair of any water supply which provides water for human use. VI City of Beatunont 1350 Iwngham Road Water utilities Department Page 2 of 6 Beaumont,Texas 77707 The Water Utilities Department will maintain a copy of this Contract as long as the Customer and/or the premises are connected to the Water Utilities Department. Additional requirements are listed below: 1. Customer shall have their property inspected for possible cross-connections and other potential contamination hazards. These inspections shall be conducted by a qualified inspector acceptable to the Water Utilities Department annually,or when there is reason to believe the cross-connection or other potential contamination hazards exist due to changes to the private water distribution facilities. 2. Customer shall notify the Water Utilities Department in writing of any cross-connection or other potential contamination hazard which has been identified during the initial inspection or the annual reinspection. 3. Customer shall immediately remove or adequately isolate any potential cross-connections or other potential contamination hazards on their premises. 4. Customer shall, at their expense, properly install, test annually, and maintain any backflow prevention device required by the Water Utilities Department. Copies of all testing and maintenance records shall be provided to the Water Utilities Department by July 30 of each year or date of annual testing schedule. VII Customer will be responsible for all reporting requirements to the State as a Public Water Supply System. The City will provide annually the Consumer Confidence Report for its distribution. In the event of a change in treatment or distribution such as utilizing treated water other than City supply, Customer agrees to promptly report to the City. This is to include any violations of chlorine and/or coliform monitoring. VIII The Customer is authorized to use a maximum of Zero 0) Gallons per hour on a daily average or zero 0)gallons per day during normal operations. In case of an emergency,the City will City of Bea w a t 1350 Lmgham Road Water utilities Department Page 3 of 6 Beaumont,Texas 77707 provide the Customer with the volume available at the time. IX Customer agrees to pay to the City all charges for water service within thirty(30)days from date of statement from the City. In the event of failure of Customer to so pay said charges,City shall have the right, upon thirty(30)days' written notice to Customer,to refuse to provide potable water service to Customer. X Customer will pay a fixed connection fee of one hundred dollars per month($100/month) plus any additional charges for water consumption. Customer will pay the same rate for water consumption as established from time-to-time by the City Council. In the event said rates are altered or amended by City Ordinance, or specific use agreements, Customer agrees to pay said altered or amended rates. XI Customer agrees to: 1. Adopt a resolution or take some other official action agreeing to the terms and conditions of this Contract, 2. Adopt a resolution or take some other official action ratifying,affirming and accepting the benefits and agreeing to the terms,conditions and requirements of this Contract, and 3. Enter into such other or additional contracts or agreements as may be reasonably required to carry out the purpose and intent of this Contract. XII This Contract shall be for a period of 12 months from and after the date of execution. XIII Customer may,from time to time,convey or assign this Contract with respect to all or any part of the land contained within Customer's property boundaries, and the assignee or assignees shall be bound by City of Beaumon 1350 Langham Road Water utilities Dgmrt em Page 4 of 6 Beaumont,Texas 77707 this Contract. Upon prior approval by the City Council, of the assignee or assignees, and only upon the condition that the assignee or assignees assume the liabilities, responsibilities and obligations under this Contract with respect to the land involved in the assignment or assignments,or as may be otherwise approved by the City Council. In connection with this Contract, official addresses for notification shall be: A. Hani J. Tohme,Director City of Beaumont Water Utilities Department 1350 Langham Road Beaumont, Texas 77707 B. Customer Any changes in said addresses may be made by notifying the other parties by certified mail of the new or changed contact person and/or address. XIV This Service Agreement represents the entire and integrated Contract between the City of Beaumont and Customer and supersedes all prior negotiation,representatives,or agreements,either oral or written. This Contract may be amended only by written instrument signed by both the City of Beaumont's City Manager and Customer. IN WITNESS WHEREOF,the City of Beaumont Water Utilities Department has lawfully caused these presents to be executed by the hand of the City Manager of said City, and the municipal corporate seal of said City to be hereunto affixed,and the said Customer, Customer,acting by hand of the President and/or Manager hereunto Authorized Representative,does now sign,execute and deliver this document. City of Beaumott 1350 Iangham Road Water Utilities Department Page 5 of 6 Beaumont,Texas 77707 Executed in duplicate originals at Beaumont,Texas,on this day of A.D.,2006. CUSTOMER CITY OF BEAUMONT/CITY MANAGER By: By (PRINT) Authorized Representative Date Kyle Hayes, City Manager Date By: Signature of Authorized Representative Date Attest: Attest: Date Date STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § BEFORE ME,the undersigned,a Notary Public in and for the said county and state,on this day personally appeared known to me to be the person and officer whose name is subscribed to the foregoing instruction,and acknowledged to me that the same was the act of the said Customer,and that he executed the same as the act of such company for the purposes and consideration therein expressed,and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of ,A.D. 2006. Notary Public My Commission Expires: City of Beaumont 1330 Iangham Road Water Utilities Department Page 6 of 6 Beaumont,Texas 77707