HomeMy WebLinkAboutORD 715 - ORD Authorizing & Executing Mayor Contract Between COH & WU Installation of 42 Inch Sanitary Sewer Trunk Line
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ORDINANCE NO. 715
AN ORDINANCE, AUTHORIZING TEE EXECt1rION BY TEE' MAYOR IN BEHALF
OF TEE CITY OF WEST UNIVERSITY PLACE, TEXAS" OF A CONTRACT
BETWEEN SAID CITY AND THE CITY OF HOUSTON RELATIVE TO THE IN-
STALLATION OF A' 42 INCH SANrrARY SEWER TRUNK LINE NORTH OF BRAES
BAYOU; A COPY OF TEE CONTRACT SO AUTHORIZED BEING MARKED EXHIBIT
A AND ATTACEED TO TEIS ORDINANCE.
BE IT ORDAINED BY TEE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXA$:
Section 1. It has been determined after due consideration by the City Commission
of the City of West University Place" Texas, that it will be to the pest interest
of said City that a contract be entered into by and between theCity~of West
University Place, Texas and the City of Houston, Texas, relating to the instal-
.lation of a 42 inch sewer trunk line at the sole and entire cost of the City of
Houston.
Section 2. That a copy of such contract has been presented to and approved by
the City Commission of the City of West University Place, Texas and a copy of
such contract as approved shall be marked Exhibit A and attached to this Ordinance.
Section 3. That the Mayor of the City of West University Place, Texas be, and he
,is hereby, authorized to execute duplicate originals of the contract marked ~xhibit
A and attached hereto.
Section 4. This Ordinance shall take effect and be in force immedii3-te'ly from and
after its passage and approval.
UCITY OF WEST UNIVERSITY PJ1ACE - CITY OF HOUSTON:-
AGREEMENT
SEWF.R I,JNFi: r.Ol)TS'T'RUr.'T'TOl\T, R~ RRRVrr.-w. ll.)\lJIRFIrll.TEJ) MCllJ:TERS. II
RECITALS
1. The parties to this agreement are the CITY OF WEST UNIVERSITY PLACE' and the
Crry OF HOUSTON, both of Which are municipal corporations in Harris County, Texas,
a~ting through their respective officers hereunto duly authorized by appropriate
order of their respective governing bodies (the former being herein referred to
simply'as "West University Place,ll and the latter simply referred to as llHoustonll).
2. There is attached hereto and marked Exhibit llA" a map showing portions of the
two cities together with other areas lying generally to the south and/or southwest
of the present city limits of the City of Houston. Upon a site indicated on said
map, and which is within the present limits of Houston, West University Place is
and for many years has been operating a sewage treatment plant, carrying its
sewage thereto by a sewer main thereon indicated.
Pursuant to agreements made with interested reaFestate developers prior to the
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affected areas being brought into Houston, West University Place is now re- 0
ceiving into its plant (upon payments being made to it therefor by Houston)
sewage from the following two areas now within the limits of Houston, to-wit:-
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(a) An area roughly shaded in green on said map consisting in part
of a portion of the Braeswood Addition, and which area will here-
inafter be referred to generally as the "Braeswood Area": and
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(b) An area bounded on the north by the south city limits of West
University Place and Southside Place, bounded on the west by
City of Bellaire, and bounded on the south by Brays Bayou, and
being the area from which the sewage is being discharged into
West University Place's trunk line through Houston's 30-inch
trunk line in Underwood street and thence easterly to its con-
nection with the West University Place trunk line. This area
may herei-q at time be referred to generally as thel!Ayrshire Area"
although it includes several other subdivisions in addition to
the Ayrshire Subdivisions proper.
3. Houston has lately provided its new Southwest Sewage Treatment Plant upon a
site indicated on said ,map, which site is ample to permit the enlargement
thereof hereby contemplated, together with such other enlargements thereof as ..
may be necessary to permit treatment at that plant of the sewage from all other'
areas ~hich as they develop should be there treated.
It is agreed that the West University treatment piant is &dequately deSigned to
handle and is nOVT properly treating, by accepted standards, all the sewage from
the West Universit,y Place as well as from the Houston area lying east ,of the
West Uni versi ty sewerage trunk line (including so, JUuch of the Houston area as
is now undeveloped) particularly when the West University Plant is relieved of
the Ayrshire area which is to be immediately accomplished by the construction of
a 42-inch sewer line by Houston as provided herein. However, it is recognized
that the We.st University treatment plant site ,;is not adequate in size to permit
any substantial additions t6the plant;-therefore;it has been determined advis-
able from a long range view and for ftitureplanning to now construct the said
42-inchsanitary sewer line as an economical solution for the handling and
treatment of sewage for both Houston and West University, and it is to this end
that :the agreements contained herein are 'justified.
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It is the intent of both cities and the respective governing bodies to enter into
a satisfactory solution which will eliminate the overloading of the West University
Plant in the future to the extent of creating a nuisance that could be determined
offensive' ?-nd objectionable to the residents of the Houston area lying adjac'ent
to the West University Se1-Tage treatment plant. The agreement hereby entered into
by'each of the two, cities is fpr the purpose of long range planning for the pos-
sible abandonment of the West University treatment plant and to provide for the
justification of ~ertain expenditures by the City of Houston in the estimated
amount of $40,000.00 which will, eliminate the necessity of spending many times
over the amount that 'Vrould be required in the future for construction of a similar
.line when the eventful time may bOme for abandonment of the West University
treatment plant.
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4. To permit taking into its new plant the sewage from the Ayrshire Area (to-wit,
the sewage which now discharges into West University Place's .trunk line through
, Houston's 30-inch trunk line), Houston is about to provide a sewer trunk line
(about as indicated on said map) extending generally fro~ its such new plant to
a'connection into its present 3oi~nch trunk line at or near the end of Underwood
street. Houston's sewer design ?ngineers have initially planned that for this
new construction a 36-inch line will be sufficient, including capacity to ,take
the sewage from the Houston area, including the Braeswood Area, lying east of
the West University Place trunk line. They have determined,'however, that if
for this new construction of Houston's a 42-inch line is provided instead of a
'36-inch line, such 42-inch line will have ample capacity to carry also all of
the sewage from i>Test University Place,. to-wit, to take care of all of the
sewage which is nmr being treated or which 'might normally in the future be
discharged for treatment at the west University Place Plant. The engineers of
the two cities are in agreement that a 42-inch line will cost Houston about
$40,000.00 more than a 36-inch line vTOuld- cost, and they have estimated the ad-
ditional cost at said amount of $40,000.00; Realizing that the matter is not
possible of exact ascertainment since if one line is built, no one can ever know
exactly how much the other line would have cost if built instead.
Both cities realize, however, that if this provision is not made now to carry
the West University Place sewage into the Houston plant when deemed necessary,
it would then cost several hundred thousand dolLars to provide an additional or
independent line tor that purpose. To say nothing about the gross economic
waste which this would mean, falling upon the taxpayers of one or the other or
both of the two cities, the governing bodies of both cities recognize that this
factor alone might operate to necessitate deferring the abandonment of the West
University Place plant many years'past the date when its abandonment might be
highly desirable and might otherwise be effected.
Houston is Willing to make the additional expenditure involved in putting in a
42-inchinstead of a 36-inch line provided it is reimbursed for the additional
cost involved,(together with. interest thereupon as hereinafter provided).by
. West University Place in the manner hereinafter agreed to.
NOW, THEREFORE, for and in consideration of the premises and of their several and
respective agreements and-undertakings herein stated, the two cities hereby
contract and ~gree as follows, to-wit:-
I.
Houston will, at its sole and entire cost, provide a 42-inch (instead of a 36-inch)
sanitary sewer trunk line approximately as indicated on said map from its new
Southwest Treatment Plant to a connection into its present 30-inch trunk line at
or near the end of Underwood street.
II.
As inducement for and in consideration of Houston so doing and agreeing so to
do, West University Place agrees that until Houston's additional cost of $40,000.00
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with interest as hereinafter stated in greater detail, has been reimbursed or . 0
accomplished to it, West University Place will receive into its plant for
treatment the sewage from the Braeswood Area which is presently being so served and "
also the sewage from the presently vacant and undeveloped are~ lying east of the
West University Place t~unk line, together witA so much of the remaining vacant
area lying to the west of such trunk line as the engineers of the two cit,;i.es deter-
mine as the same is developed) should properly be served through the West Univer-
sity Place trunk line and its plant rather than,being taken into the Houston
system for disposal. '
West University Place's "charge" to Houston for taking this sewage shall"be,at the
rate of $1.25 per family dwelling unit for the first 250 family dwelling units and
vat the ra~e of 75fP per fam;L.ly q.vTe.11:i.ng unit for all above" the 250 family dwelling
units. Instead, however, of Houston paying this charge, it will credit the'a~ounts
as they would otherwise accrue monthly toward and against the reimbursement and ac-
complishment to Houston of the $40,000.00 additional cost it is incurring by.
putting in a 42-inch instead of a'36-inch line as provided in numbered Section I
above, together with interest thereon'coroputedupon the unpaid balance thereof
only, at the rate of 2.5% per annum. This accounting and credits based thereupon
shall commence as of the first day of the first calendar month beginning after the
date on w~ich the City Council of the City of Houst9n by mot~on'or other approp-
r1ate10ta,er accepts the work of ,its construction .contractor building" its such new
line, and- authorizes, the payment of his final estimate. Thereafter" about the, "
end of each calendar month, Houston's sewer diyision will make up a statement (in
such form, 1l1anner and detail as it and the City Manager of West University Place-- 0
or such other official or employee of West University Pla~e may from time to time
delegate thereto--may agree is proper) Showing the number of connections for
service within Houston areas into the West University Place system during the'
month involved, with a computat~on of the amount of the "charge" for such service
at the rates above stated. The amount so stated shall, as of the last day of the
calendar month involved, be credited against the $40,000.00 or the unpaid bal~nce
thereof, together with interest accrued thereupon at the rate above stated, apply-
ing the credit first to such accrued interest and the remainder th~reof to the
reduction of the "principal" of said sum and so continuing from month to"month. and
from year to year untii by such credits such $40,000.00 with such interest has been
fully amortized, reimbursed,and accomplished.
Should the West University plant be abandoned and~Houston commence taking into its
plant the West University Place sewage and the sewage from the Braeswood "area
before the $40,000.00 has been fully rei~bursed to Houston, all further obligation
of Ivest University Place in the matter of such reimbursement shall cease. In that
event, so much (but only so much) of such $40,000.00 as remains unr~imbursed to
Houston shall be taken into account in determining Houston's plant investment in
computations and negotiations in looking to then determining the permanent rate to
be charged West University Place by Houston ~or taking the former's sewage.
(Until the acceptance by Houston of its new line from its contractor, Houston will
continue paying West University Place" for taking the sewage from the Houston areas
involved at ,the rates provided in the present existing agreements under which West
Uni,,:,ersity Place is taking such sewage; and the same will apply to the taking ,by
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West Univer,sity Place of the sewage through the Underwood trunk line until Houston
commences taking that sewage through its new line into its own plant. )
III.
The monthly accountings rendered by Houston to West University Place as above
provided for as well as the basic data on which they are computed shall be
subject,to examination and audit by West University Place and corrections found
proper will be made. In case of any disagreement as to the manner in which the
number of connections should be counted, allowances if any for vacancies, frac-
tional parts ofa month, etc., the practice and policy applied by West University
Place in determining these matters as they affect the charges against its own res~
idents within its own limits ,shall control. In case of any disagreement whicb
cannot be adjusted by negotiation, and unless the two cities then agree upon an
, arbitration of their differences, either city may resort to court for a declar-
atory judgment with Or without, other appropriate relief.
IV.
Beginning about one year before the date on which it then appears that the $40,000.00
with interest will have become fully amortized, reimbursed and accomplished to the
City of Houston by the sewer creditsh~weinabove provided, the two cities will, in-
itiallythrough their respective engineers but subject to final approval by their
respective governing bodies, negotiate in good faith looking to a determination
and agreement upon the rate to be thereafter paid by Houston to West University
Place for continuing to take the sewage from affected Houston areas as well as all
of the other terms of an appropriate agreement related thereto. Subject to their
ability to so agree, West University Place will thereafter continue to take this
sewage as the parties may then agree and for such period of time as they m.8.'fthen
agree upon. In the event of their inability to so agree by the date of the'com-
pletion of the amortization and reimbursement to Houston of its $40,000.00 with
interest, (and unless by mutual agreement the time for negotiation is extended),
Houston will, within one year after said date (unless again such period is by
mutual agreement then extended) at its cost provide such line or lines and other
facilities if necessary as may be required to enable it to take into its own
sewer system and into its own plant for treatment the sewage from all of the Houston
areas which ~re then still being served through the West University Place plant.
During such extended period of one year (or more if agreed upon) West University
Place will continue taking the sewage and Houston will pay West University Place
therefor by monthly payments to be made'on or before the 15th day of each month
for the sewage taken during the preceding calendar month, and at such rates as may
then be exacted by West University Place; provided that the rate so exacted shall
not be more than 5c:P/o greater than the rate then being charged by West University
Place for taking the sewage from its residents within its limits.
v.
So long as West University Place is taking the sewage from any of the Houston
areas hereby contemplated to be served through the West University Place plant, the
following general provisions shall apply to sewer construction, connections, main-
tenance, etc.:-
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(a) Maintenance. All lines within the limits of the City of Houston (except ~;!
We_st University Place's trunk line) shall at all times be adequately
maintained and kept in repair by Houston at Houston's cost; and Houston
agrees that it will do this to t~e standard of efficiency as the standard
to which it is so maintaining other lines of its sanitary sewer system,
and the standard of such maintenance from time to time observed and
attained by Houston in its' area now served by the Underwood street trunk
line shall be taken as" the standard to be so maintained by Houston in
the affected Houston areas served through the West University Place
plant.
(b) , New Sewer Lateral aqd lf1:rll'nk T:i np ~nn!'l+."l1f'+'; n,.,. - All new construction to
serve these areas shall be without cost to. the City of west University
Place (except for such l!on the job" inspection as West University Place
desires to make), sl;l.all be under constant City of Houston inspection'
while any construction work is in progress, and shall be upon and in
accordance with plans and specifications prepared or approved by the
City Engineer of the City of Houston and approved also by the City En-
gineer of West University Place.
(c) House Connections, Permits, w.tc.o_ In all matters related to house
sewer connections; plumbing, etc.; Houston will observe and enforce all
of the same" regulations, ordinances, permit and inspection requirements
which it enforces elsewhere within its limits; and will send to the
City Engineer of West University Place a copy of each sewer connection
permit as issued. West University Place will, however, effective the, 0
date whe~ Houston accepts its new 42-inch line from its construction
contractor, waive and no longer exact any inspection fees related to
such house connection, relying upon Houston's inspection as being
sufficient.
VI.
Nothing in this contract shall be construed to have obligated West University Place
to ever abandon its present treatment plant nor to have obligated Houston to take
into its Southwest Treatment Plant the sewage from West University Place. Both.
p~rties recognize that this would necessitate a substantial expenditure for the
necessary enlargement of the capacity of Houston's such plant and that neither
party now has any funds available for that purpos.e and neither party has any idea
where the money might come from at that' time.
Both parties agree, however, that when Houston's $40,000.00 with interest has been
amortized and reimbursed to it as hereinabove provided" both cities and their re-
spective governi~g bodiesand'other officials will, if it then or thereafter
appears that the general public interest and welfare suggests the necessity of
abandoning the West University plant, in gOOd faith and earnestly endeavor to
solve the problem as it may then be presented and negotiate and agree upon the
terms of an appropx:iate agreement to be then entered into between the two cities
by.which the West.-University Place plant may then be abandoned and the West Uni-
versity Place sewage then taken by Houston into its plant for disposal. The legal
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rights and powers of~itheror bot~ of the two cities in connection with the
matters which would be within the natural scope of such an ag-.ceement may then
be so different from their respective present such rights and powers, and the
availability to either or both of them of funds for the purpose involved maY
then be so different than it is now possible to foretell, that neither city
deems it proper or possible at this time to commit itself or attempt to commit
itself to any of the probable terms or provisions of such agreement as may then
be needed nor to do more in that regard than, as they have just done, to state
their recognition of the probable necessity then of some agreement being <-
reached and, by this present agreement, to have taken the initial step by pro-
viding :i.h the most economical and feasible manner possible the necessary sewer
trunk line capacity for carrying the West University Place sewage to the
Houston plant when the time comes that this has to be done and the rest of the
problem is then worked out and solved.
IN TESTIMONY OF WHICH, pursuant to authorization by order of their respective
governing bodies, this instrument in duplicate originals has on the 10th day
of September, A. D. 1956" been executed on behalf of the City of West Univer-
sity Place by its Mayor and attested by the City Secretary, and has on the 12th
day of July, A. D.1956, been executed on behalf of the City of Houston by its
Mayor and attested by its City Secretary.
CITY OF WEST UNIVERSITY PLACE
By (s) Edwin W. Morris
Mayor
ATTEST:
(s) Whitt Johnson
City Secretary of City of West
University Place
CITY OF HOUSTON
By (s) o. F. Holcomb
Mayor
ATTEST
(s) M. H. Westerman
City Secretary of City of Houston
APPROVED '
( s) F. F. Beadle
First Assistant City Attorney of
City of Houston
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PASSED AIilD APPROVED THIS lOth DAY OF SEPl'EMBER, 1956.
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COMMISSIONERS VarING AYE All
COMMISSIONERS VarINGNO None
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MAYOR' .
CITY OF WEST UNIVERSITY PLACE
TEXAS
ATTEST:
A~J2~~-,J
CITY SECRET.
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