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Home My WebLink AboutRES 24-248RESOLUTION NO, 24-248 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 Jefferson County for the Jefferson County Jail Facility located at 5030 U.S. 69. 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. 0 'c ~ V4/g !w_ " ``�i :STATE OF TEXAS COUNTY OF JEFFERSON ciT Y' OF 13EAIJMONT COUNTY JAIL WA'rBR SERVICE .AGRE, EMENT WHEREAS, Jefferson County, Texas doing business in the State of 'texas (herein "Customer"), and the City of Beaumont, a municipal corporation of the State of Texas (herein „City") entered into a Water Service Agreement (herein "Agreement") for the City to provide potable drinking water services and sanitary sewer services to the Jefferson County Correctional Facility, WHEREAS, the City and the Customer desire to adopt this Agreement for the provision of potable drinking water services and sanitary sewer services to the Jefferson County Correctional Facility, located at S030 US. 69, Bea0mont, Texas 77705, and agree as follows: WITNESSETH 1. The Customer agrees to maintain, free of charge to the City, the water and sewer lilies within its property, II, The City shall have the right to enter on the Customer's property or premises with 24- liour prior notice, unless in an emergency, for any purposes reasonably incidental to or necessitated by the tennis and provisions of this Agreement, The City will abide by all Customer's site safety rules and other site access rules while on the Customer's property, STATE' Ulu TEXAS COUNTY OF MiFFERSON CITY OF BEAUMONT COUNTY JAIL WATER Sh RVICE AGREEMENT WHEREAS, Jefferson County, Toxas doing business in the St►tte of Texas (herein "Customer"), and the City of Beaumont, a ► itmieipal corporation of the State of Texas (herein "City") entered into a Water Service Agroement (herein "AgrecmonV') for the City to provide potable drinking water services and sanitary sewer services to the Jefferson County Correctional Facility. WHEREAS, the City and the Customer desire to adopt this Agreement for the provision of potable drinking water services and military sewer services to the Jefferson County Correctional Facility, located at 5030 U.S. 69, Boattrnont, Texas 77705, and agree as follows; W ITN ES SETH I. The Customer agrees to mahttain, free of charge to the City, the water and sewer lines within its property, 11. The City shall have the right to enter on the Customer's property or premises with 24- hour prior notice, unless in all emergency, for any pur}zoscs reasonably incidental to or necessitated by the tornu and provisions of this Agreement. The City will abide by all Custotner's site safety rules and other site access rules while on the Customer's property. M. The Customer agrees to install and maintftin a UL approved PTZ (reduced pressure zone) baekflow prevention device at (lie point of service (the meter), The City will give: a variance of several lbel so that the RI'Z can be placed inside the fence for protection. 'flie 1017- must be installed according to the requirements in City Ordinance 01-032, Section 28-57A2. the assembly aimst be tested upon installation and semi-annually by a certified tester. IV. The Customer agrees to install and maintain all appropriate required baekilow and back siphonage 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 supptied to the Customer's employees and/or customers is the responsibility of the Customer. The City can provide guidance oil proper cross -Connection prevention upon request. V. The Customer agrees to comply with the applicable City Code of Ordinances ificluding the J'ollowing restrictions and unacceptable practices prohibited by State regulutions: I. No direct connection between the public drinking; water supply and a potential source of contamination is permitted. Potential sources of contamination Small be isolated from the public drinking water supply by an air -gap or a reduced pressure -cone backt1ow prevention device. 2. No cross -connection between (lie public drinking water supply and a private water system is permitted. These potential threats to the public drinking water supply dial] be eliminated at the• service connection by the installation of an air -gap or an approved backflow prevention device. 2 I No connection which allows water• to be returned to the public drinking water supply is permitted. 4. No pipo or pipe fitting which contains more than 0.25% lead may be used for the installation or repair ofplumbing 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. G. 111 case of a shortage of water resulting from drought, the water to be distributed shall be divided in accordance with 'Texas Watch Code, § 11.039. VI. The City's Water Utillties Department will maintain a copy of this Agreement ns long as the Customer and/or tile premises are connected to the City's Water Utilities Department. Additional requirements t►re listed below: 1, The Customer shall leave their property inspected for possible cross -connections and other potential contamination hazards. 'These inspections shall be conducted annually by a qualified inspector acceptable to the City's Water Utilities Dupailment, or when there is reason to believe the cross -connection or other potential contamination hazards exist due to changes to the private water distribution ficiliks. 2. The Customer shall notify the City's Water Utilities Department in writing of any cross-001111ection or other potential Contamination hazard that has been identified dewing the initial inspection or the arinual re -inspection. 3. The Customer shall immediately remove or adequately isolate any potential cross - connections or other potential contamination hazards on their premises. 4. The Customer shkill, at their expense, properly install, test annually, and maintain any backflow pi-mmition device required by the City's Water Utilities 3 Department. Copies of all testing gild maintenance records shall be provided to the City's Water Utilities Department by July 30 of each year or on the date of the annual testing schedule. Vill The Customer will be responsible for chlorine and coliform monitoring within each of the Units in accordance. with State regulations and ge€idelides. The City will supply colit'orm sample bottles to the Customer, the Customer will collect the samples, and the City will perform tiro test, The Customer will perform the chlorine test and report results with the coliforrn sample collected to the City. If Ilic Customer is identified as a Public Water Sr€pi>ly System by the State, then all testing and reporting requirements to (lie State as a Public Water Supply System will be the responsibility of the Customer. The City will provide annually to the Customer a copy of the Consumer Confidence Report for its d1stribution. In the event of a change in treatment or disiribution such as utilising treated water other than City supply, the Customer agrees to 1)rolrlptly report to the City. This is to Include any violat€ons of chlorine and/or coliforirr monitoring. Vill. The Customer is authorized to use a maximum of 70geillon.spet nrletrrfe on a daily average or 100,800 gallons per Army. The rates applied by (lie City can be, tiegoliated if the demand of the Customer changes, The Customer agrees to comply with applicable City Code of Ordinances including the sewer use ordinance regarding; the discharge of industrial wastewater. Tire Customer will only discharge wastewater when approved and authorized by the City in accordance with local, State, and Federal requirements as described ill (lie wastewater discharge permit, 4 X. The Customer agrees to pay to the City all charges for water• and sewer service within thirty (30) days from the date of the statement from the City, ill 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, X1. The Customer will have the same rates for water and sewer services its establ ished from time to time by the City Council for inside the City of Beaumotll. in the event said rates are altered or amended by City Ordinance, the Customer agrees to pay said amcndod rates. XII. This Agreement shall be for a period of five (5) years from and after the latest (late of execution. X111, 'rile Customer agrcos to; 1. Adopt a resolution or hike some other official action ratifying;, affirming;, and accepting; the hencfits and agreeing to the terms, conditions, and requirements of this Agrc ement; and, 2. enter into such other or additional contracts or fig ivements as may be reasonably r•eclr►fired to curry out the purpose and intent of this Agreement. X1V, The Customer may, from tillle to time, Convey or assign this Agreement wMi respcet to all or any part of the land contained within the Customer'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 assigllces, and only upon the Condition that the assiguce Or assignees assume the 5 liabilities, responsibilities, and obligations under this Agreement with respect to the land involved ill the assignment or assignments, or EIS llltly be otherwise approved by the City Council, In connection with this Agreemo tt, official addresses for the notification shall be: A. City Manager City of Beaumont 801 Mails Street, Suite 300 Beaumont, Texas 77701 B. County Judge Jefferson County 1149 Pearl Street Beaumont, Texas 77701 Ally changes in said addresses may be made by notifying the other Party by certified mall of tllc new or changed contact person and/or address, JAL This Agreement represents the entire and integrated agreement between the City of Benumont and Jefferson County and supersedes all prior negotiations, representatives, or agreements, either oral or written, This Agreement shall be adopted by resolution by both Parties and may be amended only by written instrument signed by both the City of Beaul►lont and Jefferson Comity, Texas. Jeff Branic C, County rtldge SUBSCRIBED AND SWORN TO BCCQRE ME oil this the day of, 2024, to certify which witness my hand and afCeial seal. Notary Public in and for the State ofTexas 6 Keltneth Williams, City Managed Dale SUBSCRIBM AND SWORN TO BEFORE ME on this the day of, 2024, to certify which witness my stand and official seal. Notary Public in and for the State of Texas