HomeMy WebLinkAboutRES 24-249RESOLUTION NO.24-249
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 Water Service
Agreement between the City of Beaumont and the Dream Center of Southeast Texas located at
3890 FM 3514, The Water Service Agreement is for a five (5) year term and is substantially in
the form attached hereto as Exhibit "A," and made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in strict
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
October, 2024,
Mayor Roy West -
STATE OF TEXAS
COUNTY OF JEFFERSON
CITY OF B AUMONT
DREAM CENTER OF SOUTHEAST 'TEXAS WATER AGREEMENT
WHEREAS, Dream Center Southeast Texas, a non-profit doing business in the State
ofTexas {herein "Customer"), aird the City of acavinoint, a nnrnicipal corporation of the State
of Texas (heroin "City") entered into a Water Service Agreement (Iterein "Agreement") for the
City to provide potable drinicing water services and sanitary sewer services to the Dream
Center of Southeast 'Texas.
WHEREAS, titre City and the Customer desire to adopt this Scivicc Agreement for tire,
provision of potable drinking water services and sanitary sewer services to the Dream Center of
Southeast Texas, located at 3890 FM 3514, Beaumont, Texas 77705, and agree as follows;
WITNESSETH
J.
Tlro Customer agrees to maintain, free of charge to the City, the water and sewer
lines witlihi its property.
H.
The City shall have the right to enter on the Customer's properly or premises with 24-
110111• prior notice, unless in au emergency, for any purposes reasonably incidental to or
necessitated by (lie terms and provisions of this Agreement. 'nie City will abide by all
Customer's site safety rules and other site access rules while Oil the Customer's property.
The Customer agrees to install and maintaui a UL approved RPZ (reduced pressure 7onc)
back -flow prevention device at the point of sendce (the meter). Tlie City will give a variance of
several feet so that the RPM, 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 scum-aunually by a c:crtMed fester.
IV.
The Customer agrees to install and maintain all appropriate regtiired backflow and back
siplionage prevention assembly devices deemed necessary by the Texas Commission on
Environmental Quality regulations to protect [lie internal customers. The internal protection of
the drinking water supplied to the Customer's employees and/or Customers is the responsibility of
the Customer. Tlie City can provide guidance on proper cross -connection prevention upon
request.
V,
Tlic Customer agrees to comply with the applicable City Code of Ordinances hicluding
the following restrictions and unacceptable practices prohibited by State regulations:
1. No direct conection between the public driiikitil; Waiter supply and a poteiiiiat iourco of
contamination is permitted. Potential sources of contamination shall be isolated from the
public dritiking waiter supply by an air -gap or ai reduced pressure -zone backftow
prevention device.
2, No cross-coiuiection between the public drinkitig Nvater supply and a private waiter
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 cromection which allows water to be .returned to the public drinking water supply
is Permitted.
2
4. No pipe or pipe fitting which contains more than 0.25% lead may be used for tho
installation or repair of plumbing at any contlection which provides water for human use.
S. No solder or flux which contains ►Wore than 0.2% lead shall be used for installation or
repair of arty water supply which provides water for h►uttan use.
�,. 1n case of a shortage of water resulting front drought, the water to be d istributed shall be
divided in accordance with Texas Water Code, § 11,039.
Vl.
Tice City's Water Utilities Departnrettt will maintain a copy of this Agreement as long as
the Customer and/or the premises are connected, to the City's Water Utilities Department.
Add itionatreclttirements are listed below:
E. The Customer shall have their property inspected for possible cross-cotuneations
and other potential contamination hazards. These inspections shall be conducted
annually by a qualified inspector acceptable to the City's Witter Utilities
Department, or when there is reason to Relieve the cross -connection or other
potential contamination hazards exist due to cltattges to the private water•
distribution facilities.
2, `ihe Custotttor shall Itotify the City'$ Water Utilities Department it writing of any
cross -connection or other potential contamination hazard that has been identifier/
during the initial inspection or the annual re -inspection.
3. The Custo►tter shall Ittvntediately remove or adequately isolate any potential cross -
connections or other potential contamination hazards oil their premises,
4. The Customer shall, at their expense, properly install, test annually, and maintain
any backflow prevention device required by tltc City's Water Utilities
Department. Copies of all testing and maintenance records shall be provided to
the City's WaterUtilitics Deltarttuettt by July 30 of each year or an the date of the
annual testing, sel►edule.
c
Vu.
Tile Customer will be responsible for chlorine and coliform molitoring within cacti of the
Units in accordance with State regulations and guidelines. Tile City will supply coliform sample
bottles to the Custorlier, the Customer will collect the samples, and the City will perform the test.
ilie Customer will perform the chlorine test and report results Willi (lie coliform sample collected
to the City. If tile Customer is identified as a Public Water Supply Systerli by the State, there all
testing and reporting requirements to the State as a Public Water Supply System will be the
responsibility of the Customer. The City will provide annually to tie Customer a copy of the
Consumer Confidence Report for its distribution. 11) the event of a change in treatment or
distribution such as utilizing treated water other than City supply, the Custo► er agrees to promptly
report to the City, '11iis is to include any violations of chlorine and/or coliform monitoring.
I+ I '
'flee Customer is authorized to Ilse a maxinium of 10gullons pee' minute oil a daily average
or 140400gallons per clay. The rates applied by the City can be negotiated if the demand of the
Customer changes.
Ix.
The Customer agrees to compiy with applicable City Code of Ordinances including the
sewer use ordinance regarding the discharge of industrial wastewater, The Customer will only
discharge wastewater when approved and autliorimd by the City in accordance with local, State,
and federal requirements as described ire the wastewater discharge porinit,
X.
Tlic Customer agrees to pay to the City all charges I'm water and sewer sellice within
thirty (30) days from the date of (lie statement Irom the City. Ill the event of failure of Customer
4
to so pay said charges, City shall have the right, upon thirty (30) days' written no(iee to Customer,
to refuse to provide potable water service to Customer.
XX.
The Customer will have the same rates for water and sewer set -vices as established front
tune to time by the City Council for inside the City of Beaumont. In tilt event said mites Erma
altered or amended by City Ordinance, tile Customer agrees to pay said amended rates.
XIX.
This Agreement shall be for a period of five (5) years frotll acid after Elie latest date of
execution.
The Customer agrees to:
1. Adopt a resolution or take s011le other official action ratifying, affirming, and accepting
the benefits and agmchig to the torms, conditions, and requirements of this Agreement;
and,
2. Enter into such other or additional contracts or agreements as may be reasonably required
to carry out the puipose and intent of this Agreement.
1 UTA
The Customer may, from idle to time, convey or assign this Agreement with respect to all or
any part of time land contained within tiro C:tistoomer's property boundaries, and the assignee or
assignees shall be bound by this Agreement. Upon prior approval by the City Council, of the
assignee or assignees, and only upon the Condition that tile, assignee or A%signees assume the
liabilities, responsibilities, all([ obligations under this Agreement with respect to tile land involved
in (lie assignment or assignments, or as may be otherwise approved by the City Council.
In connection with this Agreement, official addresses for the notification shall be;
A. City Manager
City ofDenuillut
WO
801 Mahi Street, Smite 300
Beauniont, '£exas 77701
B. Exccutive Di ecior•
Dream Center of Southeast Texas
3890 FM 3514
Beaumont, Texas 77705
Any changes 41 said ►add►'esses nifty be irrade by notifyuig the other Party by certified mail
of the new or 011a11ged contact person anti/or address,
X1(.
This Agreement represents the entire and integrated agreement between tile, City of
Beaumont and the Dream Center of Southeast Texas and supersedes all prior negotiations,
representatives, or agreements, either oral or written.
'Mis Agreement shall he adopted by resolution by the City and may be amended only by written
instrumem signed by both the City of Beaumont and Dream Center of Southeast 'Texas.
Michael Cozener,
Executive Director
Date
SUBSCtttBRD AND SWORN TO BEFORE Mr; on this the clay of, 2024,
to cei-tify which witness ►lay hand and official seal.
Kenneth Williams,
City Manager
Notary Public in and for the State (if Texas
Date
SUBSCRIBED AND SWORN TO BEFORB ME on this the
to certify which witness my hEn1d and official seal.
6
clay of,
2024,
Notary Public in and for the State of Texas
S'] A I`i? falc 'I`LIXA s
t::OUNTY 0P ,Il.*',I,TWtSUN
CITY 01.V JAPAC.)Ivt(. N-l'
I)R)gAYI (:IE,'N'.I`Is'R OI? Si)Y)'I`H101AST I`I1XAS Wt1.'I`ER A.(YREEMENY
W11BIOW, I}rr;om [.onW)' 8tstttlwma 'Eon. n u mu-Iswi'il duhig bu:;i.tums itt 11tc, ;iudo,
o cocas prom "crostomer"), aml tl)t. City of l3cflunvottt, a t)tttt)ic.i ml copuowuml of ow Ht)Itc:
of'I'6x ., (heivitt VKyj fvtt cmd No ft Witter >ervico ftrcc:)ttatt (ltereltt "Agreement") For Elio
City to provide, l)otttl)ic dt•ittk Wg wator services and stt)titttry 'mwer services to the. I7reatt)
C .Ater of Sottllleast Texas.
WFIRRHAS, A (My a)td Elie: Clumomarclesirc to adopt tl)is Sorvico A.gt'acmwit fo)' tltu
pnvNic))) of potablo ddoking mtc;)'servlco,4 hod ;~tt) kary Rewcit` services to A Ia)`enni. (`eider of
southeast Texas, Iotua(ed at 3890 I{NI 3511 I3cttttttto)tl, 'I'cus 77705, And agrcu cis follows:
TITNLSSIJ' R
),
'I'Ito (Attstrnucr agrccs to )tutitttah" ATO of Afirgo. to the (;icy, Elie Witter fad newel,
iittes Witititt its ltrc party,
JL
i'lto City sitall itttvr, the rigltt to cuter On Elie: (:-Momc.r'4 prol)c:)-ty or prenu s with 24-
itom, prior Itc)tice, 11111cs5 i)) at omorgmicy, ror tiny i inposwl foascfttttl)ly ittcidentitl to or
nec:esshated l)y Me tcrt s and pmvkio))s of (l)is kgt'co)umt. 'I710 City will Aide, lyy tilt
(.''ustt))tta''s sita saroly miles mid othm. situ accosts t-Iclf,fi while toll dies customov's l ro))r;rty.
I
gill= Cklstotllor will be wSponsitlle t'ol' chloviillo mid cool 'oym 1110114millg Withill (moll of 010
Units ill uccordance witli Stflto regtll"6011;) And guideji-es, Tho City hill Supply coliiorm �mlllplo
Mottles to the t.'l sh iller, the CIIS(otller will collect (lie. mallples, lltltl tilt, City will Iles rovill the Wt.
The Customer will perform lite, Chltyi` im, lost mid report results witil tilt; colirm-111 sample atlllCa(W
to the City, If the Customer is itlt:lltit'it'tl 11S a 1'tlbb WaWr Supply Systclll by tbo Stfitu, tiloll all
testing unit reporting 1•ti lub illetlts to We Suite a,S it Public Witter Sl ppty Sys(oni will bo tho
maimusibiiity of the CllstCslt ", 'i.' o City will t►MVWO 1u1 umlly to the Cllstomor it Copy of (lie
Consumer CollMtnce Report fur its tl1sti'll3lobl, In Ow, milt of It Clmolge in tr allucal of,
tlistriblltion stick its linking Wated Nvatev other (him City supply, tllr, ClfstolllCi' F grce4 to prolllptly
rt:plil't to till; CRY, 1161 k to ineltido any ViolitllC1l14 of Oilovinu and/or coliforl11 monitoring,
Will,
'file CuSto11101'ls fluthori%Ctl (o tlso ll illlixilllllIll oI, Xl7 ,r/tltnl►s J}c?l' whill/O oil li lolly avel'ago
or 1(400 gArlls pm, 611k The 10em applied by the City ctm lit; Ilet;cltlttted iF the (le111and of the
Costomer olmllps.
Ix.
'bile cm ttllllc,v fit meq to 00111ply with applioliblQ City Code of Chi'{Iitillom lllClllding t1w
vowel' 11""d o ytlillilllCc i'C,8tir ling (lie dischnngo of 11idusirini w11sIt%!1<for, 'file Ctistonlev will only
Obclllirge WO'gimatov when approved And atithovixcd by tilts City ill Becca),411m With luClfl, ,Slott,,
and Fedora[ rettulcolllolll,S as CICStlribetl ill tile, wil8lowlller tliScllflrp llUrfilit,
X
Tho OlMonlct' agl'CCs to pay to ills: City all Cllltl'ges for wlltor and flower service withill
thil'ty (30) days ITorn tile,, duW of tilt) stillomont from tilts City, Ill dw ONvot Cif t'ltiluru OrCuMomor
4
to $O pay s dd Cl1arges, City yholl huVG thu right, k1poll thit'ty (30j clErys' !Vl'illt?I} l►t}lit'c to �1l3ttfiileA`,
to r-Also, to provido potablo watow nc:k't ioe, to C,€rsCaj ol.
XA,
'file (hwt(inwr w111 have Hie ,some tines fors wator "rlld wwor swwl(:aq tts cStEll)llshod from
time to tilllu by thu City C ,lord for iolide 1110 C:ily or 11V,11ki111wit. itl 010 Ove'lit void l'tr(vEire!
Filtered or ameilded by My Qrd ii1E1i1 u, tho Mwtanror tl(;,mes to pay saki 11nwnded mun
X R,
This Agreonlelrt shall be foe ►► podod of Min (5) years .mill and ortel` tile, latest, dato (if
exccutiolr,
X LU.
111C. Ctlstunlol' u lvos to;
L Adotit a 1'e nlution f}E' tE11(f4 Ei(}illf: f}t11er' C}t"I IC}IEII IrCti{lrl 1"Fit ifyiil�, Eli^t`ir1111Er&, nw[ 11at:C:irling,
(tic tionditti and figivoing (o tho, torf115, c0iiditions, mid ''eCillil'C31tC11#S of US A f k'8Ull wd;
send,
2, Poter into welt (►tiler (}r` Eiddttl(lllttt a(}rltman or srgrcelnclm Fr$ may be rcownably iquhud
to wy (na file I)lrtposo am! hltont of Ih6 AC;rfn;ment.
xjV.
'Vito ("kistt}rllur hilly, 111-oln'thlie to thno, convoy of rlssif;III his Agreement with rospcw to Erit or
lnly pal -I of dw hilid (,olilktlnod wilhitt file (.t1siC#li 01"S proporty boilndaric,s, €rild tho tlssiglloc 01'
anignvrs €ihMI t}e boluld by tuts Aglxlcmoils. Cllzon lldW ai pMv(1i by €he City Cotitloil, 6f Clio
11;15iuliv .' or us dgwcs, and only gmi the coed Rkmi Hiat I lie wssigneo or mi; If lleog osSuma tho,
1islEliliti(s, rt 5i1� 11SilSilitiCs, ri d obligatinna undar this Awcomont with mspoot to the lardd involved
In lilt) assignm(rllt o►` and f tltnetlt4, Or n imly,bo othellvlse irplll'ow'd by tile, City C;(n111(A.
W CoIllicelioll with this Aginunlant, (1uit kd (rddr,sti('s for tli(; notificiltioil ;h"Ot lie,.
A. City Mallagor
City of Beaumont
M
801 Main Streel,Sq1to 300
Denumon, QxRo 77701
Rxecillive JAM010r,
D1.0,01111 ("Ontor 4W Sokithea"'tTexas
3 890 1 rM 3 514
Ammim, Aus 77705
Any clmiqjus in saki uUmsses muy he wide by nwilying the Whollmy by WNW mail
of A now or Winnged comnat polvan nndhv addross.
X1,
Jbi,� Agreenicat mpresents the era o and hagmd agmmnwd bet ycon A My of
BUOUtnont 01XI Ific 01'eam O"Ift, of SOUHMOM 'JAmas and suporsedvs 4111 prior nog'00failons"
ov ngroemenk, Other Ovill or NwWon
'Mis Agi-comcnt shall bo adoptod by resolutIon by the (NJ nnd nmy be munded My by mnktv)
histmineW si ned by both the Chy of Beatunont luid Divaill Coatevtry
T�Xcc'u t ivo D ired M'
sunSCRIBM) Ai' DSWORNTO Wi'VORTI, ME on OdOw, s Z' 3.dray of,,
to cellify Whioll NVj())0!;q lily balid and officiat Seal,
ROSVANY BARCENAS
Notary Public, State of Texas
Comm. Expires, 01-10.2028
Notary ID 134708949
41
Chy bkuwgj�
1A illy 1, 1) d f 6rifr- S t "t I a o 1, TO X as
INC,
-0— 1 ' dily0f, W
.2024
to U'dify WJ11011 Witl)C,18 111Y 111111d flOd OPN(1,11818C,111,
6
a
SONDRA DAViS
Notary iD s i on 15240
ExpireMy Corsimissian Expires
April 3, 2027
Noiavy S?oOlIQ lit cind for tho Stat ; (if Town