The URL can be used to link to this page

Home My WebLink AboutRES 14-050RESOLUTION NO.14 -050 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a wastewater service agreement with the City of Bevil Oaks, located outside the City of Beaumont, as required by the Texas Commission on Environmental Quality, Chapter 290, Sub - Chapter D, Rules and Regulations for Public Water Systems. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of February, 2014. lut iA a or Becky Aides. - THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, THE CITY OF BEVIL OAKS, a municipal corporation of Jefferson County, Texas, hereinafter referred to as "BEVIL OAKS" and THE CITY OF BEAUMONT, a municipal corporation of Jefferson County, Texas, hereinafter referred to as "BEAUMONT"; and WHEREAS, BEVIL OAKS has previously filed with BEAUMONT a request and has received the consent of BEAUMONT; and WHEREAS, BEVIL OAKS desires to dispose of its domestic wastewater in the sewage collection system of the BEAUMONT, to provide sewage services to the current and future inhabitants and occupants of BEVIL OAKS; and WHEREAS, BEAUMONT, acting herein by and through its City Manager, herein duly authorized, is willing to permit such disposal of BEVIL OAKS' wastewater providing BEAUMONT is compensated for such services in accordance with rates as established by the ordinances of the CITY OF BEAUMONT: NOW, THEREFORE., KNOW ALL MEN BY THESE PRESENT: BEVIL OAKS will entirely, at its own expense, construct the necessary piping network and pumping stations to deliver domestic wastewater generated in BEVIL OAKS to the nearest feasible point of BEAUMONT's sewage collection system to the CITY OF BEVIL OAKS. Said nearest feasible point of connection is to be approved by BEAUMONT. Initial & Date: Page 1 At the time connection is made to BEAUMONT's sewage collection system, BEVIL OAKS shall verify that each residential and commercial sewage connection is monitored with at least one (1) water meter. Prior to the connection, BEVIL OAKS will confirm the accuracy of at least 51r6 and no more than 10% of its water meters through testing at a commercially acceptable laboratory or testing facility. If the test results of a majority (greater than 50%) of the meters are less than 90% accurate, then BEAUMONT may request BEVIL OAKS, at no expense to BEAUMONT, to implement a plan to repair, replace or otherwise remediate the meters in BEVIL OAKS. The plan shall generally require repair, replacement or remediation of affected BEVIL OAKS meters and can occur within a one (1) to three (3) years from time of connection. After connection, BEAUMONT may check for accuracy of said meters. Such testing, if It occurs after the time the connection is made to BEAUMONT's sewage collection system, shall be at the sole expense of BEAUMONT or, if applicable, the residential or commercial user of the meter at issue. BEAUMONT shall have the right, at its discretion, to require BEVIL OAKS to install and maintain, at a place to be determined by BEAUMONT, equipment and facilities for monitoring sewage quality and for the purpose of determining that no industrial waste, oils, bilges or other similar sewage is delivered to the BEAUMONT sewage collection system unless approved by BEAUMONT. BEAUMONT may elect to install and maintain, at its own expense, its own meter for purposes of monitoring the amount or quality of the sewage delivered to BEAUMONT's sewage collection system. Page 2 Initial & Date. Unless approved and authorized by BEAUMONT, no waste other than domestic sanitary sewage waste will be delivered to the BEAUMONT sewage collection system in accordance with City Code of Ordinance No. 03-018, Sewer Use Ordinance. For purposes of this paragraph, the words "Sanitary Sewage" mean waste generated from commercial, industrial and manufacturing facilities and which exceeds any one of the following: (A) Bio-Chemical Oxygen Demand (5-day BOD): 250 milligrams per liter. (B) Total suspended solids: 300 milligrams per liter. (C) Oils, Greases and Fats: 200 milligrams per liter. (D)Acidity and alkalinity as the Hydrogen Ion concentration (pH): Range: above 6.0 and below 11.0 pH units. (E) No septic effluents shall be delivered to the BEAUMONT sewage collection system. (F) Any industry requiring pretreatment processes must be approved by the City of Beaumont Water Utilities Department prior to connections to the wastewater collection system. IV. BEAUMONT and BEVIL OAKS may, with the prior approval of the other, go on the property or premises of the other for any purposes reasonably incidental to or necessitated by the terms and provisions of this contract. V. BEVIL OAKS will collect monthly water usage via individual (primary) meters from all residential and commercial users. BEVIL OAKS will collect monthly water usage via individual (secondary) meters for landscaping/sprinkler systems. BEVIL OAKS will submit total primary residential and commercial water consumption to BEAUMONT, but not submit secondary Initial & Date: Page 3 landscaping water usage. Consequently, BEVIL OAKS will be responsible for paying for primary meter water usage at applicable "outside the City" wastewater rates as set by the most current BEAUMONT ordinance within 30 days of presentment of invoice by BEAUMONT. BEVIL OAKS will not be responsible for payment of secondary water usage for purposes of calculating sewer use. BEVIL OAKS may collect minimum rates for water and wastewater as set by BEVIL OAKS ordinance and shall not be billed or responsible for payment of BEAUMONT minimum rates. BEVIL OAKS will not be billed on the total amount of wastewater/ stormwater that flows through the main line connecting the BEVIL OAKS system to BEAUMONT's sewage system. VI. It is agreed that BEVIL OAKS will acquire all necessary easements and install new sanitary sewer lines sufficient to connect BEVIL OAKS to the nearest point of BEAUMONT's existing sewage collection system. BEVIL OAKS further agrees that it will subsequently convey to BEAUMONT all rights, title and interest in and to the easements and installed lines in a manner that is legally acceptable to BEAUMONT for all lines constructed on easements lying outside the boundaries of Bevil Oaks. As owner of the new sanitary sewer line, it is understood between the parties hereto that the sewage lines lying between the point of connection to BEAUMONT's sewage facilities and the boundaries of BEVIL OAKS may not be tapped without the prior written approval of the City of Beaumont. VII. Page 4 aej.3 Initial & Date: BEVIL OAKS agrees to construct its new sanitary sewage collection system in accordance with plans and specifications that meet existing state laws and BEAUMONT Water Utilities standards and specifications. BEVIL OAKS also agrees that prior to the commencement of construction of the sewer lines, BEVIL OAKS shall obtain approval from appropriate State and Federal authorities in order to insure that the lines to be constructed shall meet existing design criteria. VIII. BEVIL OAKS agrees to pay BEAUMONT for said sewage services according to the rates established by BEAUMONT City Ordinances as may be amended, a copy of said scheduled rates in effect at the time of execution of this agreements as, enacted and adopted by BEAUMONT, are attached hereto and made a part hereof, and entitled Exhibit "A". In the event said rates are periodically amended by City Ordinance, BEVIL, OAKS agrees to pay said amended rates. BEVIL OAKS shall not be responsible for and. does not agree to pay any minimum rate as set by BEAUMONT City Ordinance, but may collect from its customers such minimum rate as set by BEVIL OAKS ordinance. IX. BEVIL OAKS and BEAUMONT agree to adopt a resolution or take some other official action authorizing the acceptance of the terms and conditions of this agreement; X. Initial & Date: Page 5 This agreement shall be for a period of twenty (20) years from the time of written approval given by Beaumont of the connection to Beaumont's sewage collection system, it being understood and agreed by and between the parties that if the construction of said sanitary sewer facilities has not been completed within three (3) years from the date of this agreement, BEAUMONT may, but will not be required to, provide said services. XI. BEVIL OAKS from time to time may transfer, convey or assign this agreement with respect to all or any part of the land owned to any degree by BEVIL OAKS, and the assignee or assignees shall be bound by this agreement. Upon prior approval by the City Council of BEAUMONT, of the assignment, transfer or conveyance, and only upon the condition that the assignee or assignees assume all liabilities, responsibilities and obligations of this agreement, BEVIL OAKS shall be released from the liabilities, responsibilities and obligations under this agreement with respect to the land involved in the assignment or assignments, or as may be otherwise approved by the City Council of the City of Beaumont. This includes the sale or transfer of interest in such land to BEAUMONT. XII. BEVIL OAKS agrees to deposit with BEAUMONT before service commences the sum of TWO THOUSAND AND NO/100 (52,000.00) DOLLARS, to be retained by BEAUMONT as payment for any delinquent amounts owed to BEAUMONT for said services furnished at the time of cancellation or expiration of this agreement. XIII. In connection with this agreement, official addresses for notification shall be: Initial & Date: Page 6 (a) City of Beaumont Office of City Manager Post Office Box 3 827 Beaurriont, Texas 77704 (b) City of Bevil Oaks Office of Mayor City of. Bevil Oaks 7525 Sweetgum Bevil Oaks, TX 77713 (409)753-1404 (fax) (c) City of Bevil Oaks City Attorney 2195 Dowlen Road Beaumont, Texas, 77706 Any changes in said addresses may be made by notifying the other parties by certified mail of the new or changed address. EXECUTED IN TRIPLICATE ORIGINALS, this ` day of (' r"j A.D., i `i 20, 3K the City of Beaumont acting herein by and through its City Manager, Kyle Hayes and the City of Bevil Oaks, acting herein by and through its Mayor, hereunto duly authorized. ATTEST: ATTEST: City of Beaumont, Texas I L, City of Bevil Oaks, Texas �7 By: _ Page 7 d l /iY Initial & Date: THE STATE OF TEXAS COUNTY OF JEFFERSON 3 BEFORE ME, the undersigned, a Notary Public in and for said county and state, on this day personally appeared Kyle Hayes, City Manager of the City of Beaumont, Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said City of Beaumont, a municipal corporation of Jefferson County, Texas, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND .AND SEAL OF OFFICE, this the LJ/�,f/� day of t- _, 20y3.jy4vt7 rt�ANGELA MARIE 'THOMAS My Commission Expires December 7, 2016 THE STATE OF TEXAS COUNTY OF JEFFERSON a, Notary Public, State of Texas BEFORE ME, the undersigned, a Notary Public in and for said county and state, on this day personally appeared Rebecca M. Ford, Mayor of City of Bevil Oaks, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said City of Bevil Oaks, a municipal corporation of Jefferson County, Texas, and that she executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF O 2011). %, KIMSERELY LYNN VANDVER � �4�c Notary Public, State of Texas •C �i�r My Commission Expires ",�E,��;.�• Aprl1 11, 2011 Page 8 W ICE, this the 19th day of December, ublic, Sty of Texas ,! � Initial & Date: