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Ordinance No. 16,136 ORDINANCE NO. 16,136 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE GULF COAST AUTHORITY FOR THE TRANSFER OF A PORTION OF SEWER CERTIFICATE OF CONVENIENCE NECESSITY BOUNDARIES ("CCN')HELD BY THE GULF COAST AUTHORITY INTO THE SEWER CCN BOUNDARIES OF THE CITY OF BAYTOWN; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of the City of Baytown,Texas,hereby authorizes an Interlocal Agreement with the Gulf Coast Authority for the transfer of a portion of Sewer Certificate of Convenience Necessity Boundaries ("CCN') held by the Gulf Coast Authority into the sewer CCN boundaries of the City of Baytown A copy of the Interlocal Agreement for Sewer CCN Transfer setting forth the terms of the agreement is attached hereto, marked Exhibit"A,"and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirm iv ote he Cit ouncil of the City of Baytown this the 8`"day of May, 2025. CIIARLE9 JOI N, Mayor EST: 0p%jT0VV,eftl�� r b 1 ANG qAQKSO City'le}'lt •r tt^Yj r� OVED AS O FO SCOTT LE. D, City Attorney R Ordinances and Resolutions Ordinance Drafts\2025-04-24Wuthorizing Interlocal Agreement with Gulf Coast Authoirty for CCN Boundary Transfer.kh.docx Docusign Envelope ID:73A1865F-02E74BB6-AD15-671B074AEAFF EXHIBIT "A" AN INTERLOCAL AGREEMENT FOR SEWER CCN TRANSFER This SEWER CCN TRANSFER AGREEMENT is entered into this day of , 2025 (this "Agreement"), by and among the Gulf Coast Authority, a conservation and reclamation district created pursuant to Article XVI, Section 59 of the Texas Constitution under Chapter 409, Acts of the 61 st Legislature of Texas, Regular Session, 1969 (the "Authority"), and City of Baytown, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as the "City" in connection with the boundary lines of the Certificate of Convenience and Necessity ("CCNs") held by GCA for the provision of sewer services to users pursuant to the Texas Water Code. RECITALS: WHEREAS, the Authority is authorized to provide retail sewer service under sewer CNN No. 20465, issued by the Public Utility Commission of Texas ("PUC")to the Authority for certain areas in and about CHAMBERS County, the boundaries of which are more fully described in Exhibit A and attached hereto; and WHEREAS, the City provides retail sewer service under sewer CCN No. 20333, issued by the PUC, for the provision of retail sewer services to certain areas in and about HARRIS and CHAMBERS Counties, the boundaries of which are more fully described in Exhibit B and attached hereto; and WHEREAS, the City has requested that the Authority transfer the Authority's CCN located at or near four lift stations within the City, specifically, described in Exhibit C (the "Property"listed below), to the City so that the City can obtain funding from the Community Development Block Grant Mitigation: • Cedar Bayou (Abbe) Lift Station located at 7611 North Highway 146; • Dykes Lift Station located at 5903 '/2 North Highway 146; • Staples Lift Station located at 105 Staples Drive; and • Cedar Landing Lift Station 5801 Cedar View Drive. WHEREAS, the Authority does not currently have any retail sewer connections or wastewater facilities within the Property, and the Authority does not serve any landowner within the Property; and WHEREAS, the City currently has sewer connections and wastewater facilities adjacent to, and near the Property; and WHEREAS, the City and the Authority are amenable to altering the boundaries of their respective sewer CCNs by transferring the Property contained within boundaries of the Authority's sewer CCN to the City so that the Property is removed from the Authority's CCN and added to the City's CCN; and 1 of 4 Docusign Envelope ID:73A1865F-02E7-4BB6-AD15-671B074AEAFF NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: AGREEMENT: 1. In accordance with Section 13.248 of the Texas Water Code, but at all times subject to the final approval of the PUC, the Authority hereby agrees to the modification of the boundaries of its CCN No. 20465 to exclude the area contained within the Property, such area to be transferred from the Authority's CCN No. 20465 to the area to be encompassed within CCN No. 20333. 2. In accordance with Section 13.248 of the Texas Water Code, but at all times subject to the final approval of the PUC, the City hereby agrees to the expansion and modification of the boundaries of its CCN No. 20333 to include the area contained within the Property, such area to be transferred from Authority CCN No. 20465 to the area to be encompassed within CCN No. 20333. 3. The City shall be responsible for preparing and filing an application and pursuing the PUC's approval of the CCN transfer of the Property between the Authority and City. The City shall also be responsible for hiring a third party-vendor to prepare hard copy maps with supporting electronic metadata for the Property that satisfies the PUC rules. The City agrees to provide a copy of the complete application and other documents that it intends to file with the PUC to the Authority for the Authority review before they are filed with the PUC, and to receive the Authority's written approval, which shall not be unreasonable withheld, before filing them with the PUC. 4. The City agrees to pay all expenses of the Authority in connection with this transfer, including, but not limited to, the following: a. legal fees for the City; b. PUC administrative fees; c. fees associated with preparing hard copy maps and electronic maps with supporting electronic metadata for the Property filed in connection with the PUC application; and d. legal fees of the Authority related to the transfer of the Property, (The Authority will present copies of invoices for legal fees to the City's representative, and the City agrees to promptly reimburse the Authority for same.) 5. The City and the Authority agree that no compensation other than that described in Provision 4 above shall be due and owing between the Authority and the City in conjunction with such transfer as no real or personal property of either party is being affected by such transfer. The parties agree that such compensation fairly compensates each party for the services or functions performed under this Agreement, and that each party has current revenues available to pay for the obligations it has assumed under this Agreement. 2 of 4 Docusign Envelope ID:73A1865F-02E7-4BB6-AD15-671B074AEAFF 6. The City agrees that, upon approval of the revision to its CCN boundaries by the PUC to include the Property within the boundaries of CCN No. 20465, the Authority shall have no further obligation to the Property and that the City shall be solely responsible for the provision of retail sewer service to any owner or occupant of, or customers on, the Property under such terms and condition as are allowed under its CCN and any applicable governmental statutes and regulations. 7. The Authority verifies that there is no debt associated with herein referenced CCN held by the Authority. The City will not assume any debts owed by the Authority on any other entity upon transfer of the CCN boundary. GENERAL PROVISIONS 1. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED, CONSTRUED, AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. ALL ACTS REQUIRED OR PERMITTED TO BE PERFORMED HEREUNDER ARE PERFORMABLE IN CHAMBERS COUNTY, TEXAS, AND IT IS AGREED THAT ANY CIVIL ACTION BROUGHT TO ENFORCE OR CONSTRUE THE TERMS OR PROVISIONS HEREOF OR TO ENJOIN OR REQUJRE THE PERFORMANCE OF ANY ACT IN CONNECTION HEREWITH, SHALL BE BROUGHT IN A COURT OF COMPETENT JURJSDICTION SITTING IN CHAMBERS COUNTY, TEXAS. IT IS AGREED THAT ANY ADMINISTRATIVE LAW ACTION BROUGHT TO ENFORCE OR CONSTRUE THE TERMS OR PROVISIONS HEREOF OR TO ENJOIN OR REQUIRE THE PERFORMANCE OF ANY ACTION IN CONNECTION HEREWITH, SHALL BE BROUGHT AT THE PUC OR ITS SUCCESSOR AGENCY. 2. Severability. In the event one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 3. Unintended Omission. If any punctuation, word, clause, sentence, or provision necessary to give meaning, validity or effect to any other word, clause, sentence, or provision appearing in this Agreement shall be omitted here from, then it is hereby declared that such omission was unintentional and that the omitted punctuation, word. clause, sentence, or provision shall be supplied by inference. 4. Amendment. This Agreement shall not be amended or terminate except by an instrument signed by all parties to this Agreement. 5. Entire Agreement. This Agreement reflects the entire agreement among the parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties in connection therewith. 3 of 4 Docusign Envelope ID:73A1865F-02E7-4BB6-AD15-671B074AEAFF 6. Multiple Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall be construed as one and the same instrument. 7. Authorized by Governing Bodies. Each party to this Agreement represents that this Agreement has been authorized by its governing body. EXECUTED this the day of 12025 CITY OF BAYTOWN, TEXAS GULF COAST AUTHORITY DocuSigned by: 33'-Bat.-E<r7F41-� JASON REYNOLDS (Signature) CITY MANAGER Elizabeth Fazio Hale (Print) General Manager/CEO (Title) ATTEST: ATTEST: ---DocuSigned by ANGELA JACKSON (Signature) CITY CLERK Valerie Hawker (Printed Name) Strategic Projects Assistant (Title) 4 of 4 Docusign Envelope ID:73A1865F-02E7-4BB6-AD15-671B074AEAFF EXHIBIT A ArcGIS Web Map rok 30 1j4 a 1,1270 -t. 10929 122011 128921261 233 12983 10:1:14 12671 13260 0928 20055 109,98 10114 . 9 0 '29 01�32 83 12671 256110 43 0112 tascocita 7VIJ0 11984 21-1,24`r 12042 �- 1-3086 1 88. 2559 1 --2,1 J63 123 i -f. 132034' 1 11.839 N0003 .7 E 3 !-� 119 o 8 4 Yti 1014v2-� 122 ��1224 0399 12983. 13203N0078 - rV 83?0333, 99313201 "�h 10~87Y 11572 P-P0530 _ 12995 �� • 11372 � 1,0997 20816 McFaddi National Wi, 8 20465 Anal C Refuge National Wi -ife 1095 ef, � �1,0857 ►�0 1086N'4'ague City 11*4330 211026 F 332 13172 10132; T s City O 120784 1013131 12" 7' 11324 20519 aton 413/2025, 4:18:54 PM 1:594,994 0 4.5 9 18 mi Water CCN Facility Lines i . I ., 1 , ' I' ,� . t 0 5 10 20 km Water CCN Service Areas Sewer CCN Service Areas Sources Esn-TomTom Garmin, FAO, NOAA, USGS. f OpenStreetMap contributors.and the GIS User Community Docusign Envelope ID:73A1865F-02E7-4BB6-AD15-671B074AEAFF ArcGIS Web Map EXHIBIT B 11984 \ 12079 o a 13260 12.269 20899 LJ'2-9,9 1 2�14 1,1691j Rd EI 2059,7 20333 108 74 -N0078 10860 �20545 , 20899 12983 h 20333 1f0872 A, j d 146 �1207 108609 V C B town 20465 n —` G d Pkwy 3 v . irk 12995 1 11372�20530 } La Porte 'j 3260 Fairmont Pkwy 420465 4/3/2025,4:21:12 PM 1:151,929 0 1 2 4 mi Water CCN Service Areas 0 1.75 3.5 7 km Sewer CCN Service Areas Sources Esn TomTom Garmin FAO NOAA USGS OpenStreelMap contributors and the GIS User Community N 4 J Z n Q F d p 4 m° cm Z N � @ � � m � a � a Z 8�sp f a L o 0 5 o Q Q !' 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