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Home My WebLink AboutPR 17323: DRINKING WATER SERVICE AGREEMENT WITH MOTIVA MEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Floyd T. Johnson, City Manager FROM: Kelly Eldridge, Director of Utility Operations yik DATE: October 4, 2012 SUBJECT: Proposed Resolution No. 17323 RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 17323 authorizing the execution of a drinking water Service Agreement between the City of Port Arthur and Motiva Enterprises LLC. BACKGROUND The Motiva Enterprises LLC drinking water system was built several years ago to serve its employees with drinking water. Drinking water is supplied by our public water system through a large metering assembly. Their facility is classified by the TCEQ as a Non - Transient, Non - Community (NTNC) water system, and just like the City, their system is routinely inspected by the state. Since the City of Port Arthur is required to have qualified licensed personnel working in our water distribution system, the TCEQ supplies and recommends a Service Agreement between Motiva Enterprises and the City of Port Arthur for sanitary control of their water system. This simply means that Motiva's water system will be subject to inspection by the City, making them subject to cross - connection controls like all of our other customers are through our plumbing ordinance. We also have the authority to analyze water samples from Motiva Enterprises for compliance with TCEQ criteria, as well as review any water system modifications proposed for the facility. Some newer language added to these TCEQ- provided agreements includes the establishment of hourly and daily maximum flow rates and assurance that both parties meet minimum production capacity and distribution standards. The Service Agreement language was updated in 2008 by the TCEQ and is identical to others provided to other local industries over the past few years. BUDGET None. STAFF /EMPLOYEE EFFECT City staff will monitor this agreement. SUMMARY I recommend that the City Council approve P.R. No. 17323 authorizing the execution of a drinking water Service Agreement between the City of Port Arthur and Motiva Enterprises LLC. P. R. No. 17323 10/04/12 RESOLUTION NO. A RESOLUTION APPROVING A DRINKING WATER SERVICE AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND MOTIVA ENTERPRISES LLC, PORT ARTHUR PLANT. WHEREAS, Motiva Enterprises LLC is not currently subject to plumbing restrictions and inspections by the City's Inspections and/or Utility Operations Departments; and, WHEREAS, Motiva Enterprises LLC desires to enter into a Service Agreement, in substantially the same form as Exhibit "A ", with the City in order to comply with TCEQ regulations and City plumbing restrictions, and be subject to inspections by the City of Port Arthur; and, WHEREAS, the City Council hereby authorizes the City Manager to execute the Service Agreement between Motiva Enterprises LLC and the City of Port Arthur in substantially the same form as Exhibit "A" attached hereto and made a part hereof; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Manager is authorized to execute the Service Agreement in substantially the same form as attached hereto as Exhibit "A" attached hereto and made a part hereof. Section 3. That a copy of the caption of this Resolution be spread upon the minutes of the City Council. READ, ADOPTED, AND APPROVED this day of , 2012, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: P. R. No. 17323 Page 2 of 2 Councilmembers: NOES: Deloris Prince Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: Val Tizeno City Attorney APPROVED FOR ADMINISTRATION: Floyd T. Johnson City Manager die54 Ross Blackketter, P.E. Director of Public Works Kelly El ridge Director of Utility Operations EXHIBIT A 1 1 1 SERVICE AGREEMENT I. PURPOSE. The CITY OF PORT ARTHUR is responsible for protecting the drinking water supply from contamination or pollution which could result from improper private water distribution system construction or configuration. The purpose of this service agreement is to notify each customer of the restrictions which are in place to provide this protection. The utility enforces these restrictions to ensure the public health and welfare. Each customer must sign this agreement before the CITY OF PORT ARTHUR will begin service. In addition, when service to an existing connection has been suspended or terminated, the water system will not re- establish service unless it has a signed copy of this agreement. II. RESTRICTIONS. The following unacceptable practices are prohibited by State regulations. A. 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 water system by an air -gap or an appropriate backflow prevention device. B. 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 a reduced pressure -zone backflow prevention device. C. No connection which allows water to be returned to the public drinking water supply is permitted. D. 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. E. No solder or flux which contains more than 0.2 percent lead can be used for the installation or repair of plumbing at any connection which provides water for human use. III. CONNECTIONS TO PUBLIC WATER SYSTEMS. The following conditions are established for those users defined as Public Water Systems regulated by the TCEQ (Purchased Water Systems): A. Motiva Enterprises LLC (Customer) is applying for a service connection to the City of Port Arthur's Water System through a 4° meter, with the capacity of 30,000 GPH (gallons per hour) Maximum Hourly flow rate. B. The Daily Maximum flow rate shall be 250,000 GPD. C. The City of Port Arthur Public Water Purification Plant provides a production capacity of at least 0.6 GPM per connection. IV. SERVICE AGREEMENT. The following are the terms of the service agreement between the CITY OF PORT ARTHUR (the Water System) and Motiva Enterprises LLC (the Customer). A. The Water System will maintain a copy of this agreement as long as the Customer and /or the premises is connected to the Water System. B. The Customer shall allow his property to be inspected for possible cross - connections and other potential contamination hazards. These inspections shall be conducted by the Water System or its designated agent prior to initiating new water service; when there is reason to believe that cross - connections or other potential contamination hazards exist; or after any major changes to the private water distribution facilities. The inspections shall be conducted during the Water System's normal business hours. C. The Water System shall notify the Customer in writing of any cross - connection or other potential contamination hazard which has been identified during the initial inspection or the periodic re- inspection. D. The Customer shall immediately remove or adequately isolate any potential cross - connections or other potential contamination hazards on his premises. E. The Customer shall, at his expense, properly install, test, and maintain any backflow prevention device required by the Water System. Copies of all testing and maintenance records shall be provided to the Water System. V. ENFORCEMENT. If the Customer fails to comply with the terms of the Service Agreement, the Water System shall, at its option, either terminate service or properly install, test, and maintain an appropriate backflow prevention device at the service connection. Any expenses associated with the enforcement of this agreement shall be billed to the Customer. CUSTOMER'S SIGNATURE:: L - Ck'leL DATE: 4 V t CITY OF PORT ARTHUR: DATE: