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Ordinance No. 13,671ORDINANCE NO. 13,671 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 A DEVELOPMENT AGREEMENT WITH FRIENDSWOOD DEVELOPMENT COMPANY FOR THE DEVELOPMENT OF PROPERTY WITHIN HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-A; 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 and directs the City Manager and City Clerk of the City of Baytown to execute and attest to a Development Agreement with Friendswood Development Company for the development of property within Harris County Municipal Utility District No. 213-A. A copy of said 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 City of Baytown, this the 11th day of January, 2018. ATTEST: ' r LETICIA BRYSCH, Ci -lerk APPROVED AS TO FORM: ff*ACIO RAMIREZ, SR., City orney of the City Council of the , Mayor 1lcobfsO111egaWarenTiles City Council Ordinances\2018Uanuary 11 DevelopmentAgreementwithFriendswoodDevelopmentCompany.doc Exhibit "A" DEVELOPMENT AGREEMENT STATE OF TEXAS COUNTY OF HARRIS This DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into as of , 2018 ("Effective Date"), by and between the CITY OF BAYTOWN, TEXAS, a municipal corporation and home -rule city of the State of Texas (the "City"); Garth - Wallisville Ltd., a Texas limited partnership ("Owner"); and Friendswood Development Company, an assumed name of Lennar Homes of Texas Land and Construction Ltd., a Texas limited partnership (the "Developer"). RECITALS WHEREAS, Owner currently owns the 500.534 acres of land described in the attached Exhibit "A" (the "Property"), all of which is located in the extraterritorial jurisdiction ("ETJ") of the City; and WHEREAS, Developer has contracted to purchase the Property and is scheduled to close such purchase in 2018; and WHEREAS, Harris County Municipal Utility District No. 213-A (the "District") encompasses the Property and has been created for the purpose of providing water, sewer, drainage, transportation, and recreational facilities to land within its boundaries; and WHEREAS, Developer would like to develop the Property outside the corporate limits of the City so that the Property is not subject to the ad valorem taxing jurisdiction of the City; and WHEREAS, Developer is agreeable to the District entering into the hereinafter defined Strategic Partnership Agreement with the City so that the provisions contained in the Strategic Partnership Agreement apply to the Property; and WHEREAS, the City desires to support the development of the Property outside the corporate limits of the City upon the terms and conditions of this Agreement; and WHEREAS, the City, Owner, and Developer have determined that they are authorized by the Constitution and laws of the State of Texas to enter into this Agreement, including particularly Texas Local Government Code, Section 212.172 et. seq., and have finther determined that the terms, provisions, and conditions hereof are mutually fair and advantageous to each. AGREEMENT For and in consideration of these premises and of the mutual promises, obligations, covenants, and benefits herein contained, the City, Owner, and Developer (each individually a "Party" and collectively, the "Parties") contract and agree as follows: ARTICLE 1 WAIVER OF FULL PURPOSE ANNEXATION 1.01 Strategic Partnership Agreement. In the event the Board of Directors of the District approves the Strategic Partnership Agreement in substantially the form and content attached hereto as Exhibit `B" (the "Strategic Partnership Agreement") and delivers a duly authorized and a fully executed copy thereof to the City prior to December 31, 2018, the City agrees not to annex the Property into the corporate limits of the City for full purposes until the expiration of the Strategic Partnership, including any extensions thereof. 1.02 No Strategic Partnership Agreement. In the event the Board of Directors of the District fails to deliver the Strategic Partnership Agreement to the City, duly approved and executed by the District, by December 31, 2018, this Agreement may be terminated at the sole discretion of the City at any time on or after January 1, 2019. ARTICLE 2 TERM AND DEFAULT 2.01. Default and Remedies. If a Party is in default of a material term of this Agreement, the non -defaulting Party shall be entitled solely to seek injunctive relief, mandamus or specific performance. Specifically, no default under this Agreement shall: (a) entitle the aggrieved Party to terminate this Agreement; (b) entitle the aggrieved Party to seek or recover monetary damages of any kind; or (c) limit the Term of this Agreement. 2.02. Limited Waiver of Immunity. The City hereby waives governmental immunity from suit solely for the purposes of adjudicating claims for breach of this Agreement. The City's limited waiver of immunity does not stand as a basis for any claim of damage against the City. All other immunities from suit, liability and damages are specifically retained by the City. ARTICLE 3 DEVELOPMENT REGULATIONS AND OBLIGATIONS 3.01 Plan of Development and Amendments. The Developer desires to develop the Property in accordance with the Plan of Development, which is attached hereto as Exhibit "C" and incorporated herein for all intents and purposes (the "Plan of Development"). The Plan of Development is the preliminary plan for the development of the Property and may be revised and refined by the Developer as the Developer continues its investigation of and planning for 2 the Property and prepares a feasible and detailed plan for development of the Property; provided that, in no case shall the Plan of Development (i) be revised or refined to contradict any of the requirements of this Agreement or (ii) be construed to limit or otherwise affect any right or obligation of either the Developer or the City pursuant to this Agreement until such revision or refinement is approved in writing by both the City and Developer. 3.02 Density, Land Use and Development Standards. The Developer shall develop the Property in conformance with the ULDC with a common development scheme subject to the requirements of the ULDC, as amended in Exhibit "D," which is attached hereto and incorporated herein for all intents and purposes. 3.03 Platting and Subdivision Design Standards. The Developer shall subdivide the Property and comply with the minimum design standards in conformance with Chapter 126 of the Code of Ordinances, Baytown, Texas, as amended in Exhibit "E," which is attached hereto and incorporated herein for all intents and purposes. 3.04 Development Obligations. The Developer shall comply with the obligations specified in Exhibit "F," which is attached hereto and incorporated herein for all intents and purposes. ARTICLE 4 MISCELLANEOUS PROVISIONS 4.01. Address and notice. Any notice to be given under this Agreement shall be given in writing, addressed to the party to be notified as set forth below, and may be given either by depositing the notice in the United States mail postage prepaid, registered or certified mail, with return receipt requested; by messenger delivery; or by telecopy. Notice deposited by mail shall be effective three days after posting. Notice given in any other manner shall be effective upon receipt by the party to be notified. For purposes of notice, the addresses of the parties shall be as follows: If to the City, to: City of Baytown Attn: City Manager P.O. Box 424 Baytown, Texas 77522 Telecopy (281) 420-6586 With a copy to: City of Baytown Attn: City Attorney P.O. Box 424 Baytown, Texas 77522 Telecopy (281) 420-6586 3 If to Owner, to: Garth-Wallisville, Ltd. 6155 Corporate Drive Houston, Texas 77036 Attn: John A. Herrin Telecopy: (713) 777-0281 With a copy to: Stephenson Fournier 4544 Post Oak Place Drive, Suite 310 Houston, Texas 77027 Attn: James F. Stephenson, Jr. Telecopy: (713) 629-9606 If to Developer, to: Friendswood Development Company 681 Greens Parkway, Suite 220 Houston, Texas 77067 Attn: John W. Hammond Telecopy: (281) 582-5704 With a copy to: Coats Rose 9 Greenway Plaza, Suite 1100 Houston, Texas 77046 Attn: Timothy G. Green Telecopy: (713) 651-0220 The parties shall have the right from time to time to change their respective addressees by giving at least 15 days' written notice of such change to the other parties. 4.02. Parties in interest. Except as specifically provided for in Section 4.08, including those regulations contained in Article 3 hereof, this Agreement shall be for the sole and exclusive benefit of the parties hereto and shall not be construed to confer any rights upon any third parties. Owner shall be a party to this Agreement only so long as it owns a portion of the Property. 4.03. Modification: exhibit. This Agreement may be amended only upon written amendment executed by the City, Owner and Developer; provided, however, that at such time as Owner no longer owns any of the Property it shall no longer be a party hereto. 4.04. Captions. The captions of each section of this Agreement are inserted solely for convenience and shall never be given effect in construing the duties, obligations or liabilities of the Parties hereto or any provisions hereof, or in ascertaining the intent of either Party, with respect to the provisions hereof. 4 4.05. Interpretations. This Agreement and the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to sustain the validity of this Agreement. 4.06. Severability. If any provision of this Agreement or the application thereof to any person or circumstances is ever judicially declared invalid, such provision shall be deemed severed from this Agreement and the remaining portions of this Agreement shall remain in effect. 4.07. Further Documents. Each Party shall, upon request of the other party, execute and deliver such further documents and perform such further acts as may reasonably be requested to effectuate the terms of this Agreement and achieve the intent of the Parties. 4.08. Recordation. This Agreement, and all amendments thereto, shall run with the land and be recorded in the real property records of Harris County and be binding upon the Property, Parties, and all successor owners. Notwithstanding the foregoing, however, this Agreement shall not be binding upon, and shall not constitute any encumbrance to title as to, any end -buyer of a fully developed lot within the Property which has been improved with a residential dwelling unit except for land use and development regulations, City Ordinances that apply to specific lots or residents of the City, and annexation of the property by the City. For purposes of this Agreement: (a) the term "end -buyer" means an owner of any fully developed lot within the Property, but said end -buyer will not be considered the Owner or Developer, and (b) the term "fully developed lot' means any lot, regardless of the use, for which a certificate of occupancy has been issued for a structure thereon. [EXECUTION PAGES FOLLOW] 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of equal dignity, as of the date first given above. "CITY" CITY OF BAYTOWN, TEXAS LIM RICHARD L. DAVIS, City Manager ATTEST: No LETICIA BRYSCH, City Clerk (SEAL) THE STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on this the day of , 2018, by RICHARD L. DAVIS, the City Manager of City of Baytown, Texas, on behalf of said city. (NOTARY SEAL) Notary Public, State of Texas "DEVELOPER" LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD., a Texas limited partnership dba Friendswood Development Company By: Lennar Texas Holding Company, a Texas Corporation, its general partner John W. Hammond, Vice President THE STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on this the day of , by 7 of Lennar Texas Holding Company, acting as general partner of Lennar Homes of Texas Land and Construction, Ltd. (NOTARY SEAL) 7 Notary Public, State of Texas "OWNER" GARTH — WALLISVILLE LTD., a Texas limited partnership LIM General Partner Name: Its: THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on this the day of , by of on behalf of said company, acting as general partner of Garth - Wallisville Ltd. (NOTARY SEAL) 0 Notary Public, State of Texas EXHIBIT "A" THE PROPERTY A compilation of 5 tracts totaling 500.534 acres in the Talcott Patching Survey, Abstract No. 620, in Harris County, Texas, being further described by metes & bounds below: Tract 1: A METES & BOUNDS description of a certain 65.604 acre tract of land situated in the Talcott Patching Survey, Abstract No. 620, in Harris County, Texas, being part of the residue of a called 309.7686 acre tract of land described as Tract Two in the deed to Garth-Wallisville, LTD, recorded in Clerk's File Number 20090462192 of the Harris County Official Public Records of Real Property; said 65.604 acre tract being more particularly described as follows with all bearings being based on the Texas Coordinate System, South Central Zone, NAD 83; BEGINNING at a 5/8 -inch iron rod with S&V plastic cap found for the northwest comer of a called 13.860 acre tract of land described in the deed to Sowell Wallisville Partners, LP, recorded in Clerk's File Number 20110485127 of the Harris County Official Public Records of Real Property; THENCE, South 26 Degrees 57 Minutes 03 Seconds East, with the westerly line of said 13.860 acres, a distance of 832.92 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") set for comer; THENCE, South 47 Degrees 33 Minutes 21 Seconds West, continuing with said westerly line, a distance of 651.92 feet to a 5/8 -inch iron rod with S&V plastic cap found for the southwest corner of said 13.860 acres; THENCE, South 61 Degrees 19 Minutes 46 Seconds East, with the southerly line of said 13.860 acres, a distance of 1342.78 feet to a 5/8 -inch iron rod found for the southeast corner of said 13.860 acres, also being in the westerly line of a 150 -foot wide Houston Lighting and Power easement recorded in Volume 3021, Page 30 of the Harris County Deed Records; THENCE, South 26 Degrees 57 Minutes 01 Seconds East, with the westerly line of said 150 -foot easement, a distance of 403.79 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property corner") set in the northerly right-of-way line of Wallisville Road (right-of-way varies), common with the southerly line of said 309.7686 acres; THENCE, South 86 Degrees 58 Minutes 43 Seconds West, with said common line, a distance of 1603.78 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property comer"); THENCE, North 03 Degrees 04 Minutes 58 Seconds West, continuing with said common line, a distance of 11.34 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer"); THENCE, South 86 Degrees 55 Minutes 02 Seconds West, continuing with said common line, a distance of 301.84 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property corner") Exhibit "A." Page 1 set in the easterly right-of-way line of Haney Road (a 70 -foot right-of-way) and being the southwest comer of said 309.7686 acres; THENCE, North 12 Degrees 53 Minutes 18 Seconds West, with said easterly right-of-way line, common with the westerly line of said 309.7686 acres, a distance of 1587.91 feet to a set 3/4 - inch iron rod (with cap stamped "JonesICarter property comer") at the southwest corner of a called 36.93 acre tract of land described in the deed to the Coastal Industrial Water Authority, recorded in Clerk's File Number D838008 of the Harris County Official Public Records of Real Property, common with the northwest corner of said 309.7686 acres; THENCE, North 17 Degrees 27 Minutes 36 Seconds East, with the southerly line of said 36.93 acres, common with the northerly line of said 309.7686 acres, a distance of 142.41 feet to a 5/8 - inch iron rod with Land Tech plastic cap, found at the beginning of a non -tangent curve to the left; THENCE, continuing with said common line and non -tangent curve turning to the left, having a radius of 1386.00 feet, a chord bearing of North 46 Degrees 08 Minutes 27 Seconds East, a chord length of 483.40 feet and an arc length of 485.88 feet, to a found 5/8 -inch iron rod; THENCE, North 36 Degrees 04 Minutes 39 Seconds East, continuing with said common line, a distance of 566.89 feet to a found 5/8 -inch iron rod; THENCE, South 53 Degrees 56 Minutes 59 Seconds East, continuing with said common line, a distance of 114.00 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") set for comer; THENCE, North 35 Degrees 07 Minutes 01 Seconds East, continuing with said common line, a distance of 263.07 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") set in the westerly line of said 150 -foot easement; THENCE, South 26 Degrees 57 Minutes 01 Seconds East, with the westerly line of said 150 -foot easement a distance of 356.26 feet to a 5/8 -inch iron rod with S&V plastic cap found at the northeast comer of said 13.860 acres; THENCE, South 76 Degrees 25 Minutes 37 Seconds West, with the northerly line of said 13.860 acres, a distance of 133.63 feet to the POINT OF BEGINNING, CONTAINING 65.604 acres of land in Harris County, Texas, as shown on Drawing No. 11216 in the office of Jones ICarter in Bellaire, Texas. Tract 2: A METES & BOUNDS description of a certain 107.208 acre tract of land situated in the Talcott Patching Survey, Abstract No. 620, in Harris County, Texas, being part of the residue of a called 309.7686 acre tract of land described as Tract Two in the deed to Garth Wallisville, LTD, recorded in Clerk's File Number 20090462192 of the Harris County Official Public Records of Exhibit "A," Page 2 Real Property; said 107.208 acre tract being more particularly described as follows with all bearings being based on the Texas Coordinate System, South Central Zone, NAD 83; BEGINNING at a 1/2 -inch iron rod found for the southwest comer of a called 15.0000 acre tract of land described in the deed to Goose Creek, I.S.D., recorded in Clerk's File Number G812757 of the Harris County Official Public Records of Real Property; THENCE, South 89 Degrees 12 Minutes 40 Seconds East, with the southerly line of said 15.0000 acres, a distance of 1168.52 feet to a 5/8 -iron rod with plastic cap found at the southeast comer of said 15.0000 acres and being in the westerly right-of-way line of Garth Road (right-of- way varies), common with the easterly line of said 309.7686 acres; THENCE, South 10 Degrees 54 Minutes 06 Seconds East, with said common line, a distance of 122.38 feet to a 5/8 -inch iron rod with Terra plastic cap found for corner; THENCE, North 89 Degrees 36 Minutes 07 Seconds West, continuing with said common line, a distance of 10.38 feet to a 5/8 -inch iron rod with Costello plastic cap found for comer; THENCE, South 10 Degrees 54 Minutes 11 Seconds East, continuing with said common line, a distance of 19.32 feet to a 5/8 -inch iron rod with Cob plastic cap found at the northeast comer of a called 106.85 acre tract of land described in the deed to Castlerock Communities, LP, recorded in Clerk's File Number 20150041623 of the Harris County Official Public Records of Real Property; THENCE, South 80 Degrees 25 Minutes 52 Seconds West, with the northerly line of said 106.85 acres, a distance of 6.10 feet to a found 5/8 -inch iron rod with Cob plastic cap; THENCE, North 89 Degrees 12 Minutes 59 Seconds West, continuing with said northerly line, a distance of 2176.58 feet to a found 5/8 -inch iron rod with Cob plastic cap; THENCE, South 76 Degrees 25 Minutes 01 Seconds West, continuing with said northerly line, a distance of 503.99 feet to a found 5/8 -inch iron rod with Cob plastic cap; THENCE, South 63 Degrees 23 Minutes 29 Seconds West, continuing with said northerly line, a distance of 28.75 feet to a 5/8 -inch iron rod with Cob plastic cap found at the northwest comer of said 106.85 acres and being in the easterly line of a 150 -foot wide Houston Lighting and Power easement recorded in Volume 3 02 1, Page 30 of the Harris County Deed Records; THENCE, North 26 Degrees 57 Minutes 01 Seconds West, with said easterly line, a distance of 499.42 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") set in the southerly line of a called 36.93 acre tract of land described in the deed to the Coastal Industrial Water Authority, recorded in Clerk's File Number D838008 of the Harris County Official Public Records of Real Property; THENCE, North 35 Degrees 07 Minutes 01 Seconds East, with said southerly line, a distance of 2342.65 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property comer"); Exhibit "A," Page 3 THENCE, North 53 Degrees 56 Minutes 59 Seconds West, continuing with said southerly line, a distance of 70.00 feet to a found 5/8 -inch iron rod with Landtech plastic cap; THENCE, North 36 Degrees 02 Minutes 26 Seconds East, continuing with said southerly line, a distance of 892.80 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") set at the beginning of a non -tangent curve to the right; THENCE, continuing with said southerly line and said non tangent curve turning to the right, having a radius of 815.00 feet, a chord bearing of North 54 Degrees 17 Minutes 26 Seconds East, a chord length of 510.30 feet and an arc length of 519.03 feet, to a found 5/8 -inch iron rod; THENCE, South 60 Degrees 55 Minutes 06 Seconds East, continuing with said southerly line, a distance of 56.73 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property comer"); THENCE, South 10 Degrees 54 Minutes 06 Seconds East, departing said southerly line and over and across said 309.7686 acres, a distance of 2169.57 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property comer"); THENCE, North 79 Degrees 05 Minutes 54 Seconds East, continuing over and across said 309.7686 acres, a distance of 20.00 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") set in the westerly right-of-way line of said Garth Road; THENCE, South 10 Degrees 54 Minutes 06 Seconds East, with said right-of-way line, a distance of 123.44 feet to a 5/8 -inch iron rod found at the northeast comer of a called 5.0000 acre tract of land described in the deed to Goose Creek, I.S.D., recorded in Clerk's File Number G873953 of the Harris County Official Public Records of Real Property THENCE, South 79 Degrees 06 Minutes 26 Seconds West, with the northerly line of said 5.0000 acres, a distance of 1002.22 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") set at the northwest corner of said 5.0000 acres; THENCE, South 00 Degrees 48 Minutes 26 Seconds West, with the westerly line of said 5.0000 and 15.0000 acres, a distance of 700.00 feet to the POINT OF BEGINNING, CONTAINING 107.208 acres of land in Harris County, Texas, as shown on Drawing No. 11216 in the office of JoneslCarter in Bellaire, Texas. Tract 3: A METES & BOUNDS description of a certain 263.445 acre tract of land situated in the Talcott Patching Survey, Abstract No. 620, in Harris County, Texas, being part of the residue of a called 348.0163 acre tract of land described as Tract One in the deed to Garth Wallisville, LTD, recorded in Clerk's File Number 20090462192 of the Harris County Official Public Records of Real Property; said 263.445 acre tract being more particularly described as follows with all bearings being based on the Texas Coordinate System, South Central Zone, NAD 83; COMMENCING at a 3/4 -inch iron rod found at the northwest corner of said 348.0163 acres, common with the southwest corner of a called 89.1 acres tract of land described in the deed to Exhibit "A," Page 4 George Hamman, recorded in Volume 1054, Page 259 of the Harris County Deed Records and being in the easterly right-of-way line of Haney Road (a 70 -foot right-of-way); THENCE, North 77 Degrees 35 Minutes 13 Seconds East, with the southerly line of said 89.1 acres, common with the northerly line of said 348.0163 acres, a distance of 253.78 feet; THENCE, South 12 Degrees 24 Minutes 47 Seconds East, a distance of 20.00 feet to a 3.4 -inch iron rod (with cap stamped "JonesICarter property corner") set in the easterly line of a 150 -foot wide Houston Lighting and Power easement recorded in Volume 3021, Page 30 of the Harris County Deed Records and being the POINT OF BEGINNING of the herein described tract; THENCE, North 77 Degrees 35 Minutes 13 Seconds East, over and across said 348.0163 acres, a distance of 3806.48 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property comer"); THENCE, South 57 Degrees 03 Minutes 09 Seconds East, continuing over and across said 348.0163 acres, a distance of 140.51 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property comer"); THENCE, North 77 Degrees 30 Minutes 45 Seconds East, continuing over and across said 348.0163 acres, a distance of 237.81 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property comer"); THENCE, South 10 Degrees 54 Minutes 06 Seconds East, continuing over and across said 348.0163 acres, a distance of 1932.83 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") set in the northerly line of a called 36.93 acre tract of land described in the deed to the Coastal Industrial Water Authority, recorded in Clerk's File Number D838008 of the Harris County Official Public Records of Real Property, common with the southerly line of said 348.0163 acres; THENCE, South 37 Degrees 33 Minutes 33 Seconds West, with said common line, a distance of 90.02 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") at the beginning of a non -tangent curve to the left; THENCE, continuing with said common line and non -tangent curve turning to the left, having a radius of 1014.00 feet, a chord bearing of South 54 Degrees 16 Minutes 43 Seconds West, a chord length of 634.92 feet and an arc length of 645.78 feet, to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property corner"); THENCE, South 36 Degrees 03 Minutes 51 Seconds West, continuing with said common line, a distance of 517.88 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property comer"); THENCE, South 46 Degrees 49 Minutes 36 Seconds West, continuing with said common line, a distance of 381.60 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property comer"); THENCE, South 36 Degrees 43 Minutes 26 Seconds West, continuing with said common line, a distance of 2135.90 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") set in the easterly line of said 150 -foot wide Houston Lighting and Power easement; Exhibit "A," Page 5 THENCE, North 26 Degrees 57 Minutes 01 Seconds West, with said easterly line, a distance of 4418.31 feet to the POINT OF BEGINNING, CONTAINING 263.445 acres of land in Harris County, Texas, as shown on Drawing No. 11216 in the office of JoneslCarter in Bellaire, Texas. Tract 4A: A METES & BOUNDS description of a certain 62.431 acre tract of land situated in the Talcott Patching Survey, Abstract No. 620, in Harris County, Texas, being part of the residue of a called 348.0163 acre tract of land described as Tract One in the deed to Garth Wallisville, LTD, recorded in Clerk's File Number 20090462192 of the Harris County Official Public Records of Real Property; said 62.431 acre tract being more particularly described as follows with all bearings being based on the Texas Coordinate System, South Central Zone, NAD 83; BEGINNING at a 3/4 -inch iron rod found at the northwest comer of said 348.0163 acres, common with the southwest corner of a called 89.1 acres tract of land described in the deed to George Hamman, recorded in Volume 1054, Page 259 of the Harris County Deed Records and being in the easterly right-of-way line of Haney Road (a 70 -foot right-of-way); THENCE, North 77 Degrees 35 Minutes 13 Seconds East, with the southerly line of said 89.1 acres, common with the northerly line of said 348.0163 acres, a distance of 94.15 feet to a 3/4 - inch iron rod (with cap stamped "JonesICarter property comer") set in the westerly line of a 150 - foot wide Houston Lighting and Power easement recorded in Volume 3021, Page 30 of the Harris County Deed Records; THENCE, South 26 Degrees 57 Minutes 01 Seconds East, with said westerly line, a distance of 4552.09 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") set in the northerly line of a called 36.93 acre tract of land described in the deed to the Coastal Industrial Water Authority, recorded in Clerk's File Number D838008 of the Harris County Official Public Records of Real Property; THENCE, South 36 Degrees 43 Minutes 26 Seconds West, with said northerly line, a distance of 672.23 feet to a 5/8 -inch iron rod with landtech plastic cap found for the northeast comer of a called 1.899 acre tract of land described in the deed to the San Jacinto River Authority, recorded in Clerk's File Number 20150508810 of the Harris County Official Public Records of Real Property; THENCE, South 76 Degrees 55 Minutes 35 Seconds West, with the northerly line of said 1.899 acres, a distance of 240.00 feet to a found 5/8 -inch iron rod with cap; THENCE, South 20 Degrees 47 Minutes 18 Seconds West, continuing with said northerly line, a distance of 239.00 feet to a found 5/8 -inch iron rod with cap; THENCE, South 76 Degrees 26 Minutes 44 Seconds West, continuing with said northerly line, a distance of 188.03 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") set in the easterly right-of-way line of Haney Road (a 70 -foot right-of-way); Exhibit "A." Page 6 THENCE, North 12 Degrees 53 Minutes 18 Seconds West, with said easterly right-of-way line, common with the westerly line of said 348.0163 acres, a distance of 4603.46 feet to the beginning of a curve to the left, from which a found 5/8 -inch iron rod bears North 46 Degrees 42 Minutes 52 Seconds East, a distance of 1.12 feet; THENCE, with said common line and curve turning to the left, having a radius of 858.85 feet, a chord bearing of North 28 Degrees 42 Minutes 16 Seconds West, a chord length of 468.16 feet and an arc length of 474.16 feet to the POINT OF BEGINNING, CONTAINING 62.431 acres of land in Harris County, Texas, as shown on Drawing No. 11216 in the office of JoneslCarter in Bellaire, Texas. Tract 4B: A METES & BOUNDS description of a certain 1.846 acre tract of land situated in the Talcott Patching Survey, Abstract No. 620, in Harris County, Texas, being part of the residue of a called 348.0163 acre tract of land described as Tract One in the deed to Garth Wallisville, LTD, recorded in Clerk's File Number 20090462192 of the Harris County Official Public Records of Real Property; said 1.846 acre tract being more particularly described as follows with all bearings being based on the Texas Coordinate System, South Central Zone, NAD 83; BEGINNING at a 5/8 -inch iron rod with plastic cap found at the southwest comer of a called 1.899 acre tract of land described in the deed to the San Jacinto River Authority, recorded in Clerk's File Number 20150508810 of the Harris County Official Public Records of Real Property and being in the easterly right-of-way line of Haney Road (a 70 -foot right-of-way); THENCE, North 76 Degrees 26 Minutes 40 Seconds East, with the southerly line of said 1.899 acres, a distance of 475.93 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") set at the southeast comer of said 1.899 acres and being in the northerly line of a called 36.93 acre tract of land described in the deed to the Coastal Industrial Water Authority, recorded in Clerk's File Number D838008 of the Harris County Official Public Records of Real Property; THENCE, South 36 Degrees 04 Minutes 42 Seconds West, with said northerly line, a distance of 141.03 feet to a found 5/8 -inch iron rod at the beginning of a non -tangent curve to the right; THENCE, continuing with said northerly line and non -tangent curve turning to the right, having a radius of 1210.00 feet, a chord bearing of South 43 Degrees 02 Minutes 51 Seconds West, a chord length of 294.82 feet and an arc length of 295.56 feet, to a found 5/8 -inch iron rod; THENCE, South 77 Degrees 13 Minutes 30 Seconds West, a distance of 125.28 feet to a 5/8 - inch iron rod found in the easterly right-of-way line of said Haney Road, common with the westerly line of said 348.0163 acres; THENCE, North 12 Degrees 53 Minutes 18 Seconds West, with said common line, a distance of 251.93 feet to the POINT OF BEGINNING, CONTAINING 1.846 acres of land in Harris County, Texas, as shown on Drawing No. 11216 in the office of JoneslCarter in Bellaire, Texas. Exhibit "A," Page 7 EXHIBIT "B" STRATEGIC PARTNERSHIP AGREEMENT STATE OF TEXAS § COUNTY OF HARRIS § This STRATEGIC PARTNERSHIP AGREEMENT (this "Agreement") is made and entered into, effective as of , 2018, by and between the CITY OF BAYTOWN, TEXAS, a municipal corporation and home -rule city of the State of Texas (the "City"), and HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-A, a conservation and reclamation district created pursuant to Article XIV, Section 59, Texas Constitution and operating pursuant to Chapters 49 and 54, Texas Water Code (the "District"). RECITALS 1. The District was created with the consent of the City for the purpose of providing water, sewer, transportation, recreation and drainage facilities to the land within its boundaries. The District is located within the extraterritorial jurisdiction ("BTJ") of the City, but is not within its corporate limits. The District contains a planned community of approximately 500.5 acres, as more particularly described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes (the "Property"). 2. The City has historically annexed land into its corporate limits before development of such land has proceeded. However, the City determined that the District can best proceed pursuant to a development agreement with the developer of land within the Development (the "Developer") and a strategic partnership agreement (the "Agreement") with the District within the Development. 3. To provide certainty and order with regard to the conduct of the Development and the roles of the City, the District and the Developer, the City and the Developer entered into that certain Development Agreement, dated , 2018 (the "Development Agreement") to provide for certain terms in connection with the Development. In addition, the provisions of Tex. Local Gov't Code, §43.0751 (Vernon Supp. 2000) (the "Act") state that the City and the District may enter into a strategic partnership agreement that provides for the terms and conditions under which services will be provided and funded by the City and the District. 4. The District would like to contract with the City to obtain, among other things, water supply and wastewater treatment services from the City, and the District will, once confirmed, enter into a utility agreement in substantially the form and content as that which is attached hereto and incorporated herein for all intents and purposes as Exhibit `B" with the City (the "Utility Agreement"). 5. The City and the District, after the provision of required notices, held public hearings in compliance with the Act. Based upon public input received at such hearings, the City and the District wish to enter into a strategic partnership agreement to provide the terms and Exhibit "B," Page 1 conditions under which services will be provided by the City and the District and under which the District will continue to exist after the land in the District is annexed for limited purposes. NOW, THEREFORE, for and in consideration of the mutual agreements, covenants, and conditions contained herein, and other good and valuable consideration, the City and the District agree as follows: Article 1 DEFINITIONS 1.01. Definitions. The terms "Act," "City," "Developer," "Development," "Development Agreement," "District," "ETJ," and "Property" shall have the meanings provided for them in the Recitals, above. Except as may be otherwise defined, or the context clearly requires otherwise, capitalized terms and phrases used in this Agreement shall have the meanings as follows: Applicable Ordinances shall include the following chapters, articles and/or sections of the Code of Ordinances, Baytown, Texas, along with all amendments thereto: ➢ Chapter 42 "Health and Sanitation" of the Code of Ordinances, Baytown, Texas. ➢ Chapter 118 "Signs," Article III "Regulations," Division 4 "Location" of the Code of Ordinances, Baytown, Texas, along with all other provisions regulating off -premise signs and digital billboards. Consent Resolution means the resolution(s), including all attachments and exhibits passed by the City Council consenting to the creation of and inclusion of land into the District. Effective Date and similar references means the date first written above. Party or Parties means a party or the parties to this Agreement, being the City and the District. 1.02. Findings and Conclusions. The City and the District hereby find and declare: a. The Act authorizes the City and the District to enter into this Agreement to define the terms and conditions under which services to the District will be provided and under which the District will continue to exist after the tract is annexed for limited purposes pursuant to this Agreement; b. This Agreement does not require the District to provide revenue to the City solely for the purpose of an agreement with the City to forgo annexation of the District; C. This Agreement provides benefits to the City and the District, including revenue, services, and/or regulations which are reasonable and equitable with regard to the benefits provided to the other Party, Exhibit "B," Page 2 d. All the terms and conditions contained in this Agreement are lawful and appropriate to provide for the provision of municipal services and annexation; and The City and the District negotiated this Agreement by mutual consent; the terms and conditions of the Agreement are not a result of the City's Annexation Plan or any arbitration between the City and the District. Article 2. LIMITED -PURPOSE ANNEXATION 2.01. Generally. As soon as practicable following the approval of this Agreement by City Council, as authorized by the Act, the City shall annex the Property for the limited purposes of applying the Applicable Ordinances within the Property. The District hereby consents to such annexation for limited purposes regardless of whether the Property is contiguous or non-contiguous to the corporate boundaries of the City. The Applicable Ordinances will be applicable to and enforceable in the Property upon the date of limited - purpose annexation. 2.02. Property Taxes and District Liability for Debts of the City. During the term of this Agreement, except if annexed for full purposes pursuant to this Agreement, ad valorem taxes levied by the City will not be levied on taxable property within the District. 2.03. Municipal Court's Jurisdiction. Upon the limited purpose annexation of the Property, the City's municipal court shall have jurisdiction to adjudicate cases filed under the Applicable Ordinances arising from actions occurring within the Property. 2.04. _Powers and Functions Retained by the District. Except as limited by the Consent Resolution, the District is authorized to exercise all powers and functions of a municipal utility district provided by existing law or any amendments or additions thereto. The District's assets, liabilities, indebtedness, and obligations will remain the responsibility of the District during the period preceding any full -purpose annexation. Disposition or acquisition of additional assets, liabilities, indebtedness and obligations will be governed by the Consent Resolution. Article 3 MUNICIPAL SERVICES WITHIN THE DISTRICT 3.01. Enforcement of Applicable Ordinances. The City shall apply and enforce the City's Applicable Ordinances within the Property. 3.02. No Further Services. The Parties expressly understand and agree that during the term of this Agreement, the City will only provide those services necessary to apply and enforce the City's Applicable Ordinances within the District in accordance with Section 3.01. The City shall have no obligation to provide or extend any City municipal services not expressly agreed to herein or otherwise agreed in writing in another agreement. Exhibit `B." Page 3 Article 4. SALES AND USE TAX AGREEMENT 4.01. Imposition of the Sales and Use Tax. The City and all special districts or entities created or hereinafter created by the City having within its boundaries the corporate limits of the City lying within Harris County shall impose a Sales and Use Tax within the Property upon the limited -purpose annexation of the Property and upon the imposition of any Sales and Use Tax hereinafter adopted. The Sales and Use Tax shall be imposed on the receipts from the sale and use at retail of taxable items at the same rate as such tax is imposed on the receipts from the sale and use at retail of taxable items within the corporate limits of the City lying within Harris County. The Sales and Use Tax shall take effect on the date described in Tax Code §321.102 or such other applicable law. 4.02. Notification of Comptroller. The City shall send notice of this Agreement and the limited -purpose annexation of the District to the Comptroller within three days of the Implementation Date in the manner provided by Tax Code §321.102. The City shall send to the District a copy of any notice from the Comptroller delaying the effectiveness of the Sales and Use Tax in the Property. 4.03. City Audit Rights. The District is required by law to prepare an annual audit within 120 days after the close of the District's fiscal year. The District shall provide a copy of its annual audit to the City within 30 days after the audit is completed. Article 5. FULL -PURPOSE ANNEXATION 5.01. No Full Puroose Annexation During Term of Agreement The City agrees that it will not annex all or part of the District or commence any action to annex all or part of the District for full purposes during the term of this Agreement, except by mutual agreement of the Parties or in accordance with Section 5.02. 5.02. Full Purpose Annexation at Termination of Agreement. Upon termination of this Agreement for cause or on or before the third month prior to the expiration of the term or any extended term hereof, the City Manager shall evaluate and make a recommendation to the City Council regarding whether the City should: a. negotiate a new strategic partnership agreement with the District, b. annex the District for full purposes upon the termination of this Agreement and dissolve the District, C. annex the land within the District for full purposes upon the termination of this Agreement and allow the District to remain in place as an in -city municipal utility district for the sole purpose of owning and maintaining the District's Detention Facilities, or d. allow this Agreement to expire. If the City Council desires to pursue one of the above -referenced options, the City shall begin proceedings as applicable and this Agreement shall be construed as a valid petition Exhibit `B," Page 4 for annexation. If the City Council does not desire to pursue one of the above -referenced options, the City may begin proceedings to disannex the Property for limited purposes if authorized under the applicable provision of the Local Government Code. If the City decides to annex or disannex the Property, the City may institute proceedings to accomplish such annexation or disannexation to be effective upon the termination of this Agreement. Article 6. SERVICES PROVIDED BY THE DISTRICT 6.01. Water and Wastewater Facilities. The District will develop, own, operate and maintain water and wastewater systems in the District and the Property. The City shall provide water and sewer capacities for the Development pursuant to the terms of the Utility Agreement. The City may periodically inspect the District's water, wastewater and drainage facilities. 6.02 Stormwater Facilities. The District will develop, own, operate and maintain a drainage systems in the District and the Property The drainage facilities that will be constructed to serve the District will include wet and dry detention basins, open channels, pump stations, outfall structures, and other control structures or appurtenances related thereto (the "District's Detention Facilities"). The District will own and maintain the District's Detention Facilities prior to annexation by the City. At the time of annexation by the City, the City, at its sole discretion, may allow the District to remain as an in -city municipal utility district for the sole purpose of owning and maintaining the District's Detention Facilities or may require that the District's Detention Facilities be conveyed to a homeowners' association or other association that exists in perpetuity prior to annexation by the City for ownership and maintenance of the District's Detention Facilities. The City will have no responsibilities with respect thereto. Article 7 DEFAULT, NOTICE AND REMEDIES 7.01. Notice of District's Default. a. The City shall notify the District in writing of an alleged failure by the District to comply with a provision of this Agreement, describing the alleged failure with reasonable particularity. The District shall, within 30 days after receipt of the notice or a longer period of time as the City may specify in the notice, either cure the alleged failure or, in a written response to the City, either present facts and arguments in refutation or excuse of the alleged failure or state that the alleged failure will be cured and set forth the method and time schedule for accomplishing the cure. b. The City shall determine (i) whether a failure to comply with a provision has occurred; (ii) whether the failure is excusable; and (iii) whether the failure has been cured or will be cured by the District. The District shall make available to Exhibit `B," Page 5 the City, if requested, any records, documents or other information necessary to make the determination. C. If the City determines that the failure has not occurred, or that the failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the City, or that the failure is excusable, the determination shall conclude the investigation. d. If the City determines that a failure to comply with a provision has occurred and that the failure is not excusable and has not been or will not be cured by the District in a manner and in accordance with a schedule reasonably satisfactory to the City, then the City may exercise the applicable remedy under Section 7.03. 7.02. Notice of City's Default. a. The District shall notify the City Manager in writing specifying any alleged failure by the City to comply with a provision of this Agreement, describing the alleged failure with reasonable particularity. The City shall, within 30 days after receipt of the notice or the longer period of time as the District may specify in the notice, either cure the alleged failure or, in a written response to the District, either present facts and arguments in refutation or excuse of the alleged failure or state that the alleged failure will be cured and set forth the method and time schedule for accomplishing the cure. b. The District shall determine (i) whether a failure to comply with a provision has occurred; (ii) whether the failure is excusable; and (iii) whether the failure has been cured or will be cured by the City. The City shall make available to the District, if requested, any records, documents or other information necessary to make the determination. If the District determines that the failure has not occurred, or that the failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the District, or that the failure is excusable, the determination shall conclude the investigation. d. If the District determines that a failure to comply with a provision has occurred and that the failure is not excusable and has not been or will not be cured by the City in a manner and in accordance with a schedule reasonably satisfactory to the District, then the District may exercise the applicable remedy under Section 7.03. 7.03. Remedies. In the event it is determined that a default has occurred under Section 7.01(d) or Section 7.02(d), the remedies of the non -defaulting Party shall be limited to either or both of the following: a. If the City determines that the District has committed a breach of this Agreement, the City may, and the District explicitly recognizes the City's right to, terminate service under this Agreement and to seek all remedies at law or in equity Exhibit `B." Page 6 necessary to enforce the provision(s) violated. Termination of service pursuant to this article shall not limit the City's remedies at law or in equity, including termination of this Agreement or the Development Agreement and annexation of the Property for full purposes. b. Injunctive relief specifying the actions to be taken by the defaulting Party to cure the default or otherwise comply with its obligations hereunder. Injunctive relief shall be directed solely to the default and shall not address or include any activity or actions not directly related to the default If the District determines that the City has committed a breach of this Agreement, the District may file suit in a court of competent jurisdiction in Harris County, Texas, and seek any relief available at law or in equity, including, but not limited to, an action under the Uniform Declaratory Judgment Act in addition to the monetary awards as may be appropriate. Article 8. MISCELLANEOUS 8.01. Beneficiaries. This Agreement shall bind and inure to the benefit of the Parties, their successors and assigns, as well as the special districts created by the City and imposing a sales and use tax within that portion of the City lying within Harris County. The District shall record this Agreement with the County Clerk in the Oficial Records of Harris County, and shall bind and benefit each owner and each future owner of land included within the District's boundaries in accordance with Tex. Local Gov't Code, §43.0751(c). 8.02 Term. This Agreement shall commence and bind the Parties on the Effective Date and shall remain in effect for an initial term of 30 years unless earlier terminated. This Agreement shall be automatically extended for additional five (5) year terms unless either party gives written notice of termination three months prior to the date of any such automatic extension. However, both parties expressly understand and agree that should any portion of the property involved in this Agreement become annexed by the City of Baytown for full purposes, this Agreement may terminate with respect to such area at the sole option of the City. 8.03 Restrictions on Tax Rate. The District shall maintain a minimum tax rate (debt service tax plus operation and maintenance tax) such that the District's tax is greater than the City's tax rate (currently $0.82203 per $100 of valuation) by a minimum of the operation and maintenance tax rate. Should the value within the District increase such that the combined tax rate could be lowered, the District will accelerate the bond redemption rate. The City and the District agree that the tax burden on the residents within the District will decrease upon the City's annexation. The Parties agree that should the City Council elect for the District to continue after full -purpose annexation, the District's operation and maintenance tax may continue to be assessed for the operation and maintenance of the District's Detention Facilities; provided that the tax burden on the residents within the District will decrease upon annexation. Exhibit "B," Page 7 8.04. Force Majeure. In the event any party is rendered unable, wholly or in part, by force majeure to carry out any of its obligations under this Agreement, it is agreed that on such party's giving notice and full particulars of such force majeure in writing or by telegraph to the other party as soon as possible after the occurrence of the cause relied upon, then the obligations of the party giving such notice, to the extent it is affected by force majeure and to the extent that due diligence is being used to resume performance at the earliest practicable time, shall be suspended during the continuance of any inability but for no longer period. Such cause shall as far as possible be remedied with all reasonable dispatch. The term "force majeure" as used herein, shall include, but not be limited to acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, war, blockades, insurrections, riots, epidemics, landslides, lightening, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of governments and people, explosions, breakage or damage to machines or pipelines and any other inabilities of either party, whether similar to those enumerated or otherwise and not within the control of the parties claiming such inability, which by the exercise of due diligence and care such party could not have avoided. It is understood and agreed that the settlement of strikes or lockouts shall be entirely within the discretion of the party having the difficulties, and the above -referenced requirement that any force majeure be remedied with all reasonable dispatch shall not require the settlement of strikes or lockouts by acceding to demands of the opposing party when such course is inadvisable in the discretion of the party having the difficulty. 8.05 Notice. Any notices or other communications (a "Notice") required to be given by one Party to another by this Agreement shall be given in writing addressed to the Party to be notified at the address set forth below for such Party, (i) by delivering the same in person (ii) by depositing the same in the United States Mail, certified or registered, return receipt requested, postage prepaid, addressed to the Party to be notified, or (iii) by depositing the same with Federal Express or another nationally recognized courier service guaranteeing "next day delivery," addressed to the Party to be notified, or (iv) by sending the same by telefax with confirming copy sent by mail. Notice shall be deemed effective when received by the Party to be notified. For the purposes of notice, the addresses of the Parties, until changed as provided below, shall be as follows: Com: City of Baytown 2401 Market Street Baytown, Texas 77520 Attn: City Manager District: Harris County Municipal Utility District No.213-A c/o Coats Rose L.L.P. 9 Greenway Plaza, Suite 1100 Houston, Texas 77046 Attn: Timothy G. Green Exhibit `B," Page 8 The Parties shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States of America by giving at least five days written notice to the other Parties. If any date or any period provided in this Agreement ends on a Saturday, Sunday, or legal holiday, the applicable period for calculating the notice shall be extended to the first business day following such Saturday, Sunday or legal holiday. 8.06 Time. Time is of the essence in all things pertaining to the performance of this Agreement. 8.07 Severability. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable then, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 8.08 Waiver. Any failure by a Party hereto to insist upon strict performance by the other Party of any material provision of this Agreement shall not be deemed a waiver thereof or of any other provision hereof, and such Party shall have the right at any time thereafter to insist upon strict performance of any and all of the provisions of this Agreement. 8.09 Applicable Law and Venue. The construction and validity of this Agreement shall be governed by the laws of the State of Texas without regard to conflicts of law principles. Venue shall be in Harris County, Texas. 8.10 Reservation of Rights. To the extent not inconsistent with this Agreement, each Party reserves all rights, privileges, and immunities under applicable laws. 8.11 Further Documents. The Parties agree that at any time after execution of this Agreement, they will, upon request of another Party, execute and deliver such further documents and do such further acts and things as the other Party may reasonably request in order to carry out the terms of this Agreement. 8.12 Incomoration of Exhibits and Other Documents by Reference. All Exhibits and other documents attached to or referred to in this Agreement are incorporated herein by reference for the purposes set forth in this Agreement. 8.13 Effect of State and Federal Laws. Notwithstanding any other provision of this Agreement, the District shall comply with all applicable laws, rules, and regulations of the United States and the State of Texas, Harris County and the City as such laws, rules and regulations now exist or as may be hereinafter amended. 8.14 Entire Agreement. This Agreement, including the exhibits hereto, contains all the agreements between the parties hereto with respect to the strategic partnership and may not be modified orally or in any other manner other than by an agreement in writing, signed by all the parties hereto or their respective successors in interest. Exhibit `B," Page 9 8.15. Headings. The headings as to contents or particular articles or sections herein are inserted only for convenience, and they are in no way to be construed as a part of this Agreement or as a limitation on the scope of the particular sections to which they refer. 8.16. Ambiguities. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 8.17. Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 8.18. Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts each of which shall be deemed an original for all purposes. 8.19 Authority for Execution. The City hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with the City Charter and City ordinances. The District hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted by the Board of Directors of the District. IN WITNESS WHEREOF, the undersigned Parties have executed this Agreement effective as of the date first written above. CITY OF BAYTOWN, TEXAS LIM ATTEST: LETICIA BRYSCH, City Clerk STEPHEN H. DONCARLOS, Mayor HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-A LE ATTEST: By: Secretary Exhibit "B," Page 10 President, Board of Directors EXHIBIT "A" THE PROPERTY A compilation of 5 tracts totaling 500.534 acres in the Talcott Patching Survey, Abstract No. 620, in Harris County, Texas, being further described by metes & bounds below: Tract 1: A METES & BOUNDS description of a certain 65.604 acre tract of land situated in the Talcott Patching Survey, Abstract No. 620, in Harris County, Texas, being part of the residue of a called 309.7686 acre tract of land described as Tract Two in the deed to Garth-Wallisville, LTD, recorded in Clerk's File Number 20090462192 of the Harris County Official Public Records of Real Property; said 65.604 acre tract being more particularly described as follows with all bearings being based on the Texas Coordinate System, South Central Zone, NAD 83; BEGINNING at a 5/8 -inch iron rod with S&V plastic cap found for the northwest comer of a called 13.860 acre tract of land described in the deed to Sowell Wallisville Partners, LP, recorded in Clerk's File Number 20110485127 of the Harris County Official Public Records of Real Property; THENCE, South 26 Degrees 57 Minutes 03 Seconds East, with the westerly line of said 13.860 acres, a distance of 832.92 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") set for comer; THENCE, South 47 Degrees 33 Minutes 21 Seconds West, continuing with said westerly line, a distance of 651.92 feet to a 5/8 -inch iron rod with S&V plastic cap found for the southwest comer of said 13.860 acres; THENCE, South 61 Degrees 19 Minutes 46 Seconds East, with the southerly line of said 13.860 acres, a distance of 1342.78 feet to a 5/8 -inch iron rod found for the southeast comer of said 13.860 acres, also being in the westerly line of a 150 -foot wide Houston Lighting and Power easement recorded in Volume 3021, Page 30 of the Harris County Deed Records; THENCE, South 26 Degrees 57 Minutes 01 Seconds East, with the westerly line of said 150 -foot easement, a distance of 403.79 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property corner") set in the northerly right-of-way line of Wallisville Road (right-of-way varies), common with the southerly line of said 309.7686 acres; THENCE, South 86 Degrees 58 Minutes 43 Seconds West, with said common line, a distance of 1603.78 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property comer"); THENCE, North 03 Degrees 04 Minutes 58 Seconds West, continuing with said common line, a distance of 11.34 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer"); THENCE, South 86 Degrees 55 Minutes 02 Seconds West, continuing with said common line, a distance of 301.84 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") Exhibit "A," Page 1 set in the easterly right-of-way line of Haney Road (a 70 -foot right-of-way) and being the southwest comer of said 309.7686 acres; THENCE, North 12 Degrees 53 Minutes 18 Seconds West, with said easterly right-of-way line, common with the westerly line of said 309.7686 acres, a distance of 1587.91 feet to a set 3.4 - inch iron rod (with cap stamped "JonesICarter property corner") at the southwest comer of a called 36.93 acre tract of land described in the deed to the Coastal Industrial Water Authority, recorded in Clerk's File Number D838008 of the Harris County Official Public Records of Real Property, common with the northwest comer of said 309.7686 acres; THENCE, North 17 Degrees 27 Minutes 36 Seconds East, with the southerly line of said 36.93 acres, common with the northerly line of said 309.7686 acres, a distance of 142.41 feet to a 5/8 - inch iron rod with Land Tech plastic cap, found at the beginning of a non -tangent curve to the left; THENCE, continuing with said common line and non -tangent curve turning to the left, having a radius of 1386.00 feet, a chord bearing of North 46 Degrees 08 Minutes 27 Seconds East, a chord length of 483.40 feet and an arc length of 485.88 feet, to a found 5/8 -inch iron rod; THENCE, North 36 Degrees 04 Minutes 39 Seconds East, continuing with said common line, a distance of 566.89 feet to a found 5/8 -inch iron rod; THENCE, South 53 Degrees 56 Minutes 59 Seconds East, continuing with said common line, a distance of 114.00 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property corner") set for corner; THENCE, North 35 Degrees 07 Minutes 01 Seconds East, continuing with said common line, a distance of 263.07 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") set in the westerly line of said 150 -foot easement; THENCE, South 26 Degrees 57 Minutes 01 Seconds East, with the westerly line of said 150 -foot easement a distance of 356.26 feet to a 5/8 -inch iron rod with S&V plastic cap found at the northeast comer of said 13.860 acres; THENCE, South 76 Degrees 25 Minutes 37 Seconds West, with the northerly line of said 13.860 acres, a distance of 133.63 feet to the POINT OF BEGINNING, CONTAINING 65.604 acres of land in Harris County, Texas, as shown on Drawing No. 11216 in the office of JoneslCarter in Bellaire, Texas. Tract 2: A METES & BOUNDS description of a certain 107.208 acre tract of land situated in the Talcott Patching Survey, Abstract No. 620, in Harris County, Texas, being part of the residue of a called 309.7686 acre tract of land described as Tract Two in the deed to Garth Wallisville, LTD, recorded in Clerk's File Number 20090462192 of the Harris County Oficial Public Records of Exhibit "A," Page 2 Real Property; said 107.208 acre tract being more particularly described as follows with all bearings being based on the Texas Coordinate System, South Central Zone, NAD 83; BEGINNING at a 1/2 -inch iron rod found for the southwest corner of a called 15.0000 acre tract of land described in the deed to Goose Creek, I.S.D., recorded in Clerk's File Number G812757 of the Harris County Official Public Records of Real Property; THENCE, South 89 Degrees 12 Minutes 40 Seconds East, with the southerly line of said 15.0000 acres, a distance of 1168.52 feet to a 5/8 -iron rod with plastic cap found at the southeast comer of said 15.0000 acres and being in the westerly right-of-way line of Garth Road (right-of- way varies), common with the easterly line of said 309.7686 acres; THENCE, South 10 Degrees 54 Minutes 06 Seconds East, with said common line, a distance of 122.38 feet to a 5/8 -inch iron rod with Terra plastic cap found for comer; THENCE, North 89 Degrees 36 Minutes 07 Seconds West, continuing with said common line, a distance of 10.38 feet to a 5/8 -inch iron rod with Costello plastic cap found for comer; THENCE, South 10 Degrees 54 Minutes 11 Seconds East, continuing with said common line, a distance of 19.32 feet to a 5/8 -inch iron rod with Cob plastic cap found at the northeast comer of a called 106.85 acre tract of land described in the deed to Castlerock Communities, LP, recorded in Clerk's File Number 20150041623 of the Harris County Oficial Public Records of Real Property; THENCE, South 80 Degrees 25 Minutes 52 Seconds West, with the northerly line of said 106.85 acres, a distance of 6.10 feet to a found 5/8 -inch iron rod with Cob plastic cap; THENCE, North 89 Degrees 12 Minutes 59 Seconds West, continuing with said northerly line, a distance of 2176.58 feet to a found 5/8 -inch iron rod with Cob plastic cap; THENCE, South 76 Degrees 25 Minutes 01 Seconds West, continuing with said northerly line, a distance of 503.99 feet to a found 5/8 -inch iron rod with Cob plastic cap; THENCE, South 63 Degrees 23 Minutes 29 Seconds West, continuing with said northerly line, a distance of 28.75 feet to a 5/8 -inch iron rod with Cob plastic cap found at the northwest comer of said 106.85 acres and being in the easterly line of a 150 -foot wide Houston Lighting and Power easement recorded in Volume 3021, Page 30 of the Harris County Deed Records; THENCE, North 26 Degrees 57 Minutes 01 Seconds West, with said easterly line, a distance of 499.42 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property corner") set in the southerly line of a called 36.93 acre tract of land described in the deed to the Coastal Industrial Water Authority, recorded in Clerk's File Number D838008 of the Harris County Official Public Records of Real Property; THENCE, North 35 Degrees 07 Minutes 01 Seconds East, with said southerly line, a distance of 2342.65 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property corner"); Exhibit "A," Page 3 THENCE, North 53 Degrees 56 Minutes 59 Seconds West, continuing with said southerly line, a distance of 70.00 feet to a found 5/8 -inch iron rod with Landtech plastic cap; THENCE, North 36 Degrees 02 Minutes 26 Seconds East, continuing with said southerly line, a distance of 892.80 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") set at the beginning of a non -tangent curve to the right; THENCE, continuing with said southerly line and said non tangent curve turning to the right, having a radius of 815.00 feet, a chord bearing of North 54 Degrees 17 Minutes 26 Seconds East, a chord length of 510.30 feet and an arc length of 519.03 feet, to a found 5/8 -inch iron rod; THENCE, South 60 Degrees 55 Minutes 06 Seconds East, continuing with said southerly line, a distance of 56.73 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property comer"); THENCE, South 10 Degrees 54 Minutes 06 Seconds East, departing said southerly line and over and across said 309.7686 acres, a distance of 2169.57 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property comer"); THENCE, North 79 Degrees 05 Minutes 54 Seconds East, continuing over and across said 309.7686 acres, a distance of 20.00 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") set in the westerly right-of-way line of said Garth Road; THENCE, South 10 Degrees 54 Minutes 06 Seconds East, with said right-of-way line, a distance of 123.44 feet to a 5/8 -inch iron rod found at the northeast corner of a called 5.0000 acre tract of land described in the deed to Goose Creek, I.S.D., recorded in Clerk's File Number G873953 of the Harris County Official Public Records of Real Property THENCE, South 79 Degrees 06 Minutes 26 Seconds West, with the northerly line of said 5.0000 acres, a distance of 1002.22 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") set at the northwest corner of said 5.0000 acres; THENCE, South 00 Degrees 48 Minutes 26 Seconds West, with the westerly line of said 5.0000 and 15.0000 acres, a distance of 700.00 feet to the POINT OF BEGINNING, CONTAINING 107.208 acres of land in Harris County, Texas, as shown on Drawing No. 11216 in the office of JoneslCarter in Bellaire, Texas. Tract 3: A METES & BOUNDS description of a certain 263.445 acre tract of land situated in the Talcott Patching Survey, Abstract No. 620, in Harris County, Texas, being part of the residue of a called 348.0163 acre tract of land described as Tract One in the deed to Garth Wallisville, LTD, recorded in Clerk's File Number 20090462192 of the Harris County Official Public Records of Real Property; said 263.445 acre tract being more particularly described as follows with all bearings being based on the Texas Coordinate System, South Central Zone, NAD 83; Exhibit "A," Page 4 COMMENCING at a 3/4 -inch iron rod found at the northwest comer of said 348.0163 acres, common with the southwest comer of a called 89.1 acres tract of land described in the deed to George Hamman, recorded in Volume 1054, Page 259 of the Harris County Deed Records and being in the easterly right-of-way line of Haney Road (a 70 -foot right-of-way); THENCE, North 77 Degrees 35 Minutes 13 Seconds East, with the southerly line of said 89.1 acres, common with the northerly line of said 348.0163 acres, a distance of 253.78 feet; THENCE, South 12 Degrees 24 Minutes 47 Seconds East, a distance of 20.00 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") set in the easterly line of a 150 -foot wide Houston Lighting and Power easement recorded in Volume 3021, Page 30 of the Harris County Deed Records and being the POINT OF BEGINNING of the herein described tract; THENCE, North 77 Degrees 35 Minutes 13 Seconds East, over and across said 348.0163 acres, a distance of 3806.48 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property comer"); THENCE, South 57 Degrees 03 Minutes 09 Seconds East, continuing over and across said 348.0163 acres, a distance of 140.51 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property comer"); THENCE, North 77 Degrees 30 Minutes 45 Seconds East, continuing over and across said 348.0163 acres, a distance of 237.81 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property comer"); THENCE, South 10 Degrees 54 Minutes 06 Seconds East, continuing over and across said 348.0163 acres, a distance of 1932.83 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property corner") set in the northerly line of a called 36.93 acre tract of land described in the deed to the Coastal Industrial Water Authority, recorded in Clerk's File Number D838008 of the Harris County Official Public Records of Real Property, common with the southerly line of said 348.0163 acres; THENCE, South 37 Degrees 33 Minutes 33 Seconds West, with said common line, a distance of 90.02 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") at the beginning of a non -tangent curve to the left; THENCE, continuing with said common line and non -tangent curve turning to the left, having a radius of 1014.00 feet, a chord bearing of South 54 Degrees 16 Minutes 43 Seconds West, a chord length of 634.92 feet and an arc length of 645.78 feet, to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property comer"); THENCE, South 36 Degrees 03 Minutes 51 Seconds West, continuing with said common line, a distance of 517.88 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property comer"); THENCE, South 46 Degrees 49 Minutes 36 Seconds West, continuing with said common line, a distance of 381.60 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property comer"); Exhibit "A." Page 5 THENCE, South 36 Degrees 43 Minutes 26 Seconds West, continuing with said common line, a distance of 2135.90 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property corner") set in the easterly line of said 150 -foot wide Houston Lighting and Power easement; THENCE. North 26 Degrees 57 Minutes 01 Seconds West, with said easterly line, a distance of 4418.31 feet to the POINT OF BEGINNING, CONTAINING 263.445 acres of land in Harris County, Texas, as shown on Drawing No. 11216 in the office of JoneslCarter in Bellaire, Texas. Tract 4A: A METES & BOUNDS description of a certain 62.431 acre tract of land situated in the Talcott Patching Survey, Abstract No. 620, in Harris County, Texas, being part of the residue of a called 348.0163 acre tract of land described as Tract One in the deed to Garth Wallisville, LTD, recorded in Clerk's File Number 20090462192 of the Harris County Oficial Public Records of Real Property; said 62.431 acre tract being more particularly described as follows with all bearings being based on the Texas Coordinate System, South Central Zone, NAD 83; BEGINNING at a 3/4 -inch iron rod found at the northwest corner of said 348.0163 acres, common with the southwest corner of a called 89.1 acres tract of land described in the deed to George Hamman, recorded in Volume 1054, Page 259 of the Harris County Deed Records and being in the easterly right-of-way line of Haney Road (a 70 -foot right-of-way); THENCE, North 77 Degrees 35 Minutes 13 Seconds East, with the southerly line of said 89.1 acres, common with the northerly line of said 348.0163 acres, a distance of 94.15 feet to a 3/4 - inch iron rod (with cap stamped "JonesICarter property corner") set in the westerly line of a 150 - foot wide Houston Lighting and Power easement recorded in Volume 3021, Page 30 of the Harris County Deed Records; THENCE, South 26 Degrees 57 Minutes 01 Seconds East, with said westerly line, a distance of 4552.09 feet to a 3/4 -inch iron rod (with cap stamped "JonesiCarter property corner") set in the northerly line of a called 36.93 acre tract of land described in the deed to the Coastal Industrial Water Authority, recorded in Clerk's File Number D838008 of the Harris County Official Public Records of Real Property; THENCE, South 36 Degrees 43 Minutes 26 Seconds West, with said northerly line, a distance of 672.23 feet to a 5/8 -inch iron rod with landtech plastic cap found for the northeast corner of a called 1.899 acre tract of land described in the deed to the San Jacinto River Authority, recorded in Clerk's File Number 20150508810 of the Harris County Official Public Records of Real Property; THENCE, South 76 Degrees 55 Minutes 35 Seconds West, with the northerly line of said 1.899 acres, a distance of 240.00 feet to a found 5/8 -inch iron rod with cap; THENCE, South 20 Degrees 47 Minutes 18 Seconds West, continuing with said northerly line, a distance of 239.00 feet to a found 5/8 -inch iron rod with cap; Exhibit "A." Page 6 THENCE, South 76 Degrees 26 Minutes 44 Seconds West, continuing with said northerly line, a distance of 188.03 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property corner") set in the easterly right-of-way line of Haney Road (a 70 -foot right-of-way); THENCE, North 12 Degrees 53 Minutes 18 Seconds West, with said easterly right-of-way line, common with the westerly line of said 348.0163 acres, a distance of 4603.46 feet to the beginning of a curve to the left, from which a found 5/8 -inch iron rod bears North 46 Degrees 42 Minutes 52 Seconds East, a distance of 1.12 feet; THENCE, with said common line and curve turning to the left, having a radius of 858.85 feet, a chord bearing of North 28 Degrees 42 Minutes 16 Seconds West, a chord length of 468.16 feet and an arc length of 474.16 feet to the POINT OF BEGINNING, CONTAINING 62.431 acres of land in Harris County, Texas, as shown on Drawing No. 11216 in the office of JoneslCarter in Bellaire, Texas. Tract 4B: A METES & BOUNDS description of a certain 1.846 acre tract of land situated in the Talcott Patching Survey, Abstract No. 620, in Harris County, Texas, being part of the residue of a called 348.0163 acre tract of land described as Tract One in the deed to Garth Wallisville, LTD, recorded in Clerk's File Number 20090462192 of the Harris County Official Public Records of Real Property; said 1.846 acre tract being more particularly described as follows with all bearings being based on the Texas Coordinate System, South Central Zone, NAD 83; BEGINNING at a 5/8 -inch iron rod with plastic cap found at the southwest comer of a called 1.899 acre tract of land described in the deed to the San Jacinto River Authority, recorded in Clerk's File Number 20150508810 of the Harris County Official Public Records of Real Property and being in the easterly right-of-way line of Haney Road (a 70 -foot right-of-way); THENCE, North 76 Degrees 26 Minutes 40 Seconds East, with the southerly line of said 1.899 acres, a distance of 475.93 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") set at the southeast corner of said 1.899 acres and being in the northerly line of a called 36.93 acre tract of land described in the deed to the Coastal Industrial Water Authority, recorded in Clerk's File Number D838008 of the Harris County Official Public Records of Real Property; THENCE, South 36 Degrees 04 Minutes 42 Seconds West, with said northerly line, a distance of 141.03 feet to a found 5/8 -inch iron rod at the beginning of a non -tangent curve to the right; THENCE, continuing with said northerly line and non -tangent curve turning to the right, having a radius of 1210.00 feet, a chord bearing of South 43 Degrees 02 Minutes 51 Seconds West, a chord length of 294.82 feet and an arc length of 295.56 feet, to a found 5/8 -inch iron rod; THENCE, South 77 Degrees 13 Minutes 30 Seconds West, a distance of 125.28 feet to a 5/8 - inch iron rod found in the easterly right-of-way line of said Haney Road, common with the westerly line of said 348.0163 acres; Exhibit "A," Page 7 THENCE, North 12 Degrees 53 Minutes 18 Seconds West, with said common line, a distance of 251.93 feet to the POINT OF BEGINNING, CONTAINING 1.846 acres of land in Harris County, Texas, as shown on Drawing No. 11216 in the office of JoneslCarter in Bellaire, Texas. Exhibit "A" Page 8 Exhibit "B" WATER SUPPLY AND WASTE DISPOSAL AGREEMENT BETWEEN THE CITY OF BAYTOWN, TEXAS AND HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-A This Agreement is made and entered into as of the date herein last specified by and between the City of Baytown, Texas, a municipal corporation and home -rule city which is principally located in Harris County, Texas (the "City"), and Harris County Municipal Utility District No. 213-A, Harris County, Texas, a body politic and corporate and a political subdivision of the State of Texas organized under the provisions of Article XVI, Section 59 of the Texas Constitution and Chapters 49 and 54, Texas Water Code (the "District"). 1. The City is a municipal corporation and home -rule city principally located in Harris County, Texas. The City owns, operates and maintains a water supply and distribution system supplying water to residents of the City, and a waste collection, treatment and disposal of waste plant and related equipment and facilities for the gathering, treatment and disposal of waste. 2. The District is a municipal utility district organized and existing under Article III, Section 52 and Article XVI, Section 59 of the Constitution of the State of Texas, created by an act of the Texas Legislature in 2013, and operating pursuant to Chapters 49 and 54, Texas Water Code and Chapter 8478 of the Texas Special District Local Laws Code, as amended. 3. The District will own or lease a water distribution system and a waste collection system serving the Service Area and desires to purchase treated water for the Service Area and to purchase treatment and disposal of waste generated within the Service Area. 4. The District is empowered to supply water for municipal uses, domestic uses, power and commercial purposes and all other beneficial uses or controls; and to collect, transport, process, dispose of, and control all domestic or commercial waste whether in fluid, solid or composite state. 5. The District is authorized to purchase, construct, acquire, own, maintain, repair or improve or extend inside and outside its boundaries any and all works, improvements, facilities and plants, necessary and incidental to the supply of water and the collection, transportation, processing, disposition and control of all waste. 6. All or part of the Service Area lies within the extraterritorial jurisdiction of the City as established by Chapter 42 of the Texas Local Government Code, as amended. The parties acknowledge the possibility that the City may annex the Service Area during the term of this agreement. In addition the parties desire to avoid overlapping responsibilities for utility service. Water Supply and Waste Disposal Agreement, Page 1 7. The parties have determined that they are authorized to enter into this Agreement by the Constitution and the laws of the State of Texas, including without limitation Texas Local Government Code Section 552.001 and Texas Water Code Section 49.213, as same may be from time to time amended. NOW THEREFORE, for and in consideration of the premises and the mutual covenants and agreements herein contained, the parties hereto do mutually agree as follows: AGREEMENT ARTICLE I DEFINITIONS AND EXHIBITS 1.01 Definitions. The terms and expressions used in this Agreement, unless the context clearly shows otherwise, and in addition to other defined terms herein, have the following meanings: "Alteration" or "Alter" shall mean modifying, improving, replacing, expanding, extending, or making other changes to a facility, exclusive of maintenance repairs which are preventative in nature. "City's System" shall mean the systems for the supply and distribution of water and for the collection, transportation and treatment of wastewater and any extensions thereof and additions thereto, currently serving or that may be constructed to serve the City. "Director" shall mean the Director of Public Works/Utilities of the City of Baytown, or his designee. "District's System" shall mean the systems for the distribution of water and the collection and transportation of waste, and any extensions thereof and additions thereto, to be constructed to serve the District, including those lines and facilities necessary for the transportation and distribution of water from the point of interconnection with the City's System throughout the District's System, and the transportation of waste from dwellings and buildings connected to the District's System to the point of interconnection with the City's System. "Impact Fee" means a charge or assessment imposed by the City against new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to the new development in accordance with Chapter 395 of the Texas Local Government Code. "Industrial Waste" shall mean waste resulting from any process of industry, manufacturing, trade or business from the development of any natural resource, or any mixture of the waste with water or normal wastewater, or distinct from normal wastewater. Water Supply and Waste Disposal Agreement Page 2 "Infiltration Water" shall mean water or other waste which enters a sanitary sewer system by means other than by a permitted connection; "infiltration water" includes water which leaks into a sanitary sewer system. "Interconnections" shall mean those improvements necessary for the connection of the City's System and District's System as set forth herein. "Point of Delivery" shall mean the point of connection from the City's System to the District's system, which will be at a mutually agreed upon location. "Prohibited Waste" shall be those discharges prescribed by the City of Baytown's Industrial Waste Ordinance as set forth in Article V of Chapter 98 of the Code of Ordinances of the City of Baytown, a copy of which is attached hereto as Exhibit "A" and for all purposes made a part of this Agreement. All future amendments to the City's Industrial Waste Ordinance shall apply to this agreement when such amendments are adopted. "Service Area" shall mean the area within the boundaries of the District, consisting of a total of 571.898 acres, which shall include no more than 1,702 single-family mixed residential housing units (SF -2), no more than 300 medium density mixed residential units (MF -la) and no more than ten (10) acres of commercial development (any combination of NSC or GC); provided, however, the mix of residential units may be increased by no more than ten percent (10%) so long as the maximum density per acre does not exceed 4 units an acre. The District covenants that the Service Area is now and shall always be within the area as more particularly described in Exhibit `B," which is attached hereto and incorporated herein for all intents and purposes. "Sewage" shall mean the liquid and water -carried domestic waste discharged for sanitary conveniences of dwellings and buildings connected to a sanitary sewer collection system, excluding industrial wastewater discharged into sanitary sewers and in which the average concentration of total suspended solids is not more than 250 mg/l and B.O.D. is not more than 250 mg/l. "TCEQ" shall mean the Texas Commission on Environmental Quality or its successor. "Treatment Plant" or "Plant" shall mean either the Northeast District Wastewater Treatment Plant and/or Central District Wastewater Treatment Plant, as determined by the City, including all additions or modifications thereto which may occur subsequent to the execution of this Agreement. "Waste" shall mean sewage collected by a sanitary sewer system together with such infiltration water as may be present, provided that such system is constructed in compliance with City Specifications and continually and promptly maintained and repaired. Water Supply and Waste Disposal Agreement Page 3 "Water" shall mean potable water meeting the minimum drinking water standards prescribed by Texas Department of Health Resources and TCEQ, and their successor agencies. 102 Exhibits. The following Exhibits attached or to be attached to this Agreement are a part of the Agreement as though fully incorporated herein: Exhibit A Industrial Waste Ordinance Exhibit B Service Area/District's Territory Exhibit C District's Rate Order Exhibit D City's Present Water Service Ordinance Exhibit E City's Present Sewer Service Ordinance Exhibit F Amendatory Contract entered into by the City of Houston and the San Jacinto River Authority ARTICLE H CONSTRUCTION OF IMPROVEMENTS BY DISTRICT 2.01 District's System. The District shall acquire or construct, or cause to be acquired or constructed the District's System. No cost of the District's acquisition or construction of the District's System, including engineering fees, the acquisition of any lands or easements in connection therewith, and obtaining the approval of any regulatory agency shall be borne by the City. 2.02 City Approval of Plans and Specifications Prior to the initiation of any construction of the District's System, the engineers of the District shall submit to the Director for written approval the plans and specifications for the District's System. No construction of the District's System shall begin until such plans and specifications are approved in writing by the Director. The District's Engineer will provide the City, upon completion of the construction, with one set of "as built" drawings sealed by a licensed engineer in the State of Texas, which meet the approval of the Director and certification that the District's System was built in accordance with the City's standard plans and specifications and as indicated in the "as built" drawings. The District will likewise obtain approval for and supply the City with "as built" drawings, sealed by a licensed engineer in the State of Texas, and similar certification for any subsequent alterations or modifications made to the District's System during the term of this Agreement. 2.03 Inspection. The District specifically grants the City the right to inspect at any time any and all construction of the District's System in order to determine whether such construction is in conformance with the City's standards and the approved plans and specifications. Should all or any portion of the District's System be found by the Director not to conform in some material respect with the City's standards or the approved plans and specifications, then the District shall immediately upon receiving written notice from the City of such non - Water Supply and Waste Disposal Agreement Page 4 conformance take those remedial steps necessary to meet the required standards regardless of when such non -conformity is detected. The District's System must be brought into conformity with the City's standards and the approved plans and specifications within thu-ty (30) days of the District's receipt of notice of non-conformance, unless an extension is approved in writing by the Director. Failure to adequately and timely remedy the District's System shall be construed as an Event of Default for which no additional opportunity to cure shall be given. 2.04 Points of Connection. The points of connection between the City's System and the District's System shall be approved by the Director and shall not be changed without prior written approval of the Director. 2.05 Completion of Construction. Upon completion of the construction provided for in Section 2.01 and subject to the terms of this Agreement, both the City and the District agree as follows: (i) the City shall deliver to the District and the District shall accept from the City water in quantities as specified in Article IV herein, and (ii) the City shall receive from the District and the District shall discharge such volumes of waste at such times and in such quantities as provided in Article IV of this Agreement, for the price and at the point or points of delivery herein provided, consistent with other limitations as stated herein. 2.06 Commencement of Use of Interconnections The Interconnections shall be placed into operation only upon the inspection and approval of the Interconnections and the District's System by the City and the District. Furthermore, the City reserves the right to reject any Interconnection designated by the District which would, in effect, interfere with or increase the cost of any other facilities or operations which the City might wish to construct or implement, or plan to construct or implement, or which would adversely affect the City's ability to provide water and/or sewer services to any of its customers. 2.07 Meters. (a) Water Measuring Equipment. The District will, at its sole cost and expense, furnish and install or contract with the City to furnish and install at any and all interconnections all measuring equipment as may be required by the City, including, but not limited to, meters, totalizers and devices of standard type for measuring and recording accurately the quantity of water delivered within an accuracy tolerance of two percent (2%) plus or minus for a given rate of flow. It is expressly understood and agreed by the parties hereto that a master meter(s), with a double -backflow preventer at all points of interconnection and measuring total flow through the Interconnection having an accuracy tolerance of two percent (2%) plus or minus for a given rate of flow, is required and must be approved and inspected by the City prior to the City being obligated under this Agreement to deliver any water to the District. The District shall also install, operate and maintain or contract with the City to install, operate and maintain, as required by the City, pressure regulating devices and equipment. Such measuring equipment shall be approved by the City; and after the City's approval of the installation, the same shall become the property of the City. Water Supply and Waste Disposal Agreement Page 5 (1) Inspection. During all reasonable hours, the City and the District shall have access to such measuring equipment so installed. The City shall have access to all records pertinent to determining the measurement and quantity of treated water actually delivered hereunder, but the reading of the meters for purposes of billing shall be done by the District. (2) Calibration. After approved installation thereof, the City shall perform, at its own cost and expense, periodic calibration tests on the primary measuring equipment so installed in order to maintain the accuracy tolerance within the guarantees of the manufacturer thereof, not to exceed tolerance of two percent (2%), at least once every twelve (12) months. At reasonable intervals, the City agrees to properly check and calibrate the flow recording the totalizing measuring equipment for the purpose of ascertaining its condition of accuracy. The City agrees to notify the District at least forty-eight (48) hours in advance of the time any test is to be made, to permit the District to observe such test and to furnish the District with a copy of the results of all checks and calibration tests performed on said measuring equipment. If any tests or calibration checks show a condition of inaccuracy, adjustments shall be made immediately by the City so said measuring equipment will register correctly within the aforesaid accuracy tolerance. The District shall have the right to independently check said measuring equipment at any time upon at least forty-eight (48) hours' notification to the Director. (3) Check Meters. The City may install, at its own cost and expense, such check meters in the District's pipeline as may be deemed appropriate and the District shall have the right of ingress and egress to such check meters during all reasonable hours; provided, however that the billing computation shall be on the basis of the results of the measuring equipment set forth in Section 2.07(a) hereinabove. (4) Inaccuracy Adjustments. If, upon any test, the percentage of inaccuracy of any measuring equipment is found to be in excess of five percent (5%) for the aforesaid given rate of flow, then the District's account shall be adjusted for a period extending back to the time when such inaccuracy began, if such time is ascertainable, and if such time is not ascertainable, for a period extending back one-half ('/z) of the time elapsed since the date of the last test, or, the date of the last adjustment to correct the registration, whichever is later, but not to exceed one hundred twenty (120) days. If, for any reason, the measuring equipment is out of service or out of repair and the amount of treated water delivered cannot be ascertained or computed from the reading thereof, water delivered during the period shall be estimated and agreed upon by the parties hereto on the basis of the best data available. Water Supply and Waste Disposal Agreement Page 6 (5) Independent Check of Metering Equipment In the event of a dispute between the District and the City as to the accuracy of the testing equipment used by the City to conduct the test of accuracy upon the meters being used, an independent check may be mutually agreed upon between the District and the City to be conducted by an independent measuring equipment company suitable to both the District and the City, the cost of such test to be at the District's sole expense. (6) "Given Rate of Flow." As used in this Article, the expression "given rate of flow" means the total quantities of treated water delivered during the preceding period (usually a calendar month) as reflected by the recording devices, divided by the number of days in the period. (b) Waste Flow Devices. The District shall purchase and install at the point of discharge, or some other location on its system acceptable to the Director, a metering or recording device, also acceptable to the Director, capable of accurately recording total flow on a daily basis, including peak daily flows. The District shall maintain this device in good operating condition at all times and calibrate the same for accuracy at least once every six (6) months. The City shall have the right to inspect this device at all times and to take readings from it. If the City's inspection shows that the metering device is failing to register ten percent (10%) or more of the actual wastes being discharged, then the District shall bear the cost of inspection and recalibration. The District shall within ten (10) days after request of the Director render any and all repairs or replace said device if necessary to provide accurate readings. The District covenants and agrees to render monthly reporting to the City of the readings made from such meter(s). Said readings shall be made on the first regular business day following the fust day of each month. ARTICLE III OWNERSHIP, OPERATION AND MAINTENANCE OF SYSTEMS 3.01 District's System. The District shall own, operate and maintain at its sole cost and expense, the District's System and will promptly repair any of its facilities so as to prevent leakage or infiltration. However, should the District fail to operate and maintain the District's System in a manner consistent with sound engineering principles and should such failure become a danger to the continued proper operation of any portion of the City's System as determined at the sole discretion of the City, then such failure shall be considered an Event of Default. It is expressly understood and agreed that the City at any time upon notice to the District may take whatever steps it believes are necessary to preserve the integrity of the City's System, including, but not limited to, discontinuing services. 3.02 City's Plumbing Code. The District covenants and agrees to comply with the City's current Plumbing Code and all amendments thereto for water distribution and sanitary sewer facilities and agrees not to permit plumbing work relating to water or sewer service or allow connection to the District's System except in compliance with the City's Code and after Water Supply and Waste Disposal Agreement Page 7 inspection and approval by the District's operator or other authorized representative. The District shall, after such inspection and approval and prior to service to the facility, submit to the City an affidavit of inspection certifying that all requirements of the City's Plumbing Code have been satisfied. The District further agrees that all plumbing connections shall be maintained in compliance with the Plumbing Code requirements of the City. In order to enforce this provision, the City inspectors shall be permitted to act for and on behalf of the District or in lieu of the District's operator, and the District will enforce any notice issued by such inspectors. The District will be charged an inspection fee in the amount as specified in Section 2-595 of the Code of Ordinances, as amended, for each inspection made by the City pursuant to this provision. If any such notices are not complied with, the District shall discontinue service when this may be legally done pursuant to the District's Rate Order upon the request of the City to do so. A copy of such rate order is attached hereto as Exhibit "C" and incorporated herein for all intents and purposes. Failure of the City to act on behalf or in lieu of the District shall not be construed as a waiver of the right to so act in the future or to exercise any right or remedy occurring as a result of the District's default. Should the District for any reason fail to enforce the standards established by the City's Plumbing Code for water or sewer facilities or should the District fail to comply with the foregoing provisions of this section, such failure shall be an Event of Default. 3.04 Outside Service Contracts, The District agrees that should the District desire to delegate responsibility for maintenance or for supervision of the District's System to any individual or entity other than its own employees holding any permit or certificate required by law or a sewage plant operator holding a valid certificate of competency issued under the direction of the TCEQ as required by Texas Water Code Section 26.0301, as amended, or any other permit or certificate required by law, then any such proposed service arrangement, by written contract or otherwise, must be approved in writing by the Director, whose consent shall not be unreasonably withheld, prior to execution by the parties. Failure of the District to submit any such proposed service agreement to the District prior to its execution shall be considered an Event of Default. Any outside service agreement, whether submitted to the City or not, shall contain a clause terminating the service agreement as to the District on the date of annexation of the District by the City. 3.05 Industrial Waste. The District shall not discharge any Industrial Waste or prohibited waste into the City's System. 3.06 Waste to Comply with City Ordinance Discharges of waste into the District's System shall comply with all applicable City Ordinances. The District is obligated to assume the responsibility to enforce the applicable City Ordinances with respect to impermissible discharges of Industrial and Prohibited Wastes originating from within the District. Failure of the District to enforce said City Ordinances to the satisfaction of the City shall be considered an Event of Default. Water Supply and Waste Disposal Agreement Page 8 3.07 Seepage and Infiltration. The District agrees that it will adopt and enforce written rules, regulations, and provisions to ensure that connections to the System will be such as to prevent as much as feasibly possible the discharge into said System of anything except sewage; and in particular, but without limitation thereto, that no drains shall be installed or connected in such a manner that any rainwater or other surface waters are permitted to enter the District's System; and, in addition, that adequate safeguards will be taken to prevent any abnormal seepage or infiltration or discharge of any solid matter into said System. The District agrees that throughout the term of this Agreement the District will promulgate and enforce an active program to reduce the inflow and infiltration into the City's System. Additionally, the District shall tender to the City a report at least annually on the progress of such program. Within ninety (90) days following the date of execution of this Agreement by the City, the District shall supply the Director with a copy of such rules, regulations, and contracts, including a statement of measures designed to enforce such provision. The District shall initiate whatever lawful actions are necessary to disconnect any customer who, following reasonable notice, refuses to remove noncompliant connections. The District will inspect all connections at the time made and continue to monitor the District's System as a whole to detect infiltration and unpermitted connections at least one (1) time per month or as otherwise may be ordered by the Director. The District further agrees to continuously maintain the District's System so as to prevent any abnormal seepage or infiltration or discharge of any solid matter into said System. Failure to do so shall be an Event of Default notwithstanding any payments pursuant to the following paragraph. In the event excess infiltration or abnormal seepage or the discharge of solid matter or surface water into the District's System is present, the District covenants and agrees to pay the additional charges provided for in Article V herein for such excess infiltration. It is further agreed that the City's inspectors shall have the right to make such inspections as are necessary to ensure that the District is making adequate and proper repairs for the purpose of safeguarding the City's System. 3.08 Participation in State and Federal Grant Programs,• Contribution to Costs The District recognizes that the City may participate in a federally -funded grant program for the construction of sewage treatment plants under the provisions of the Federal Water Pollution Control Act, P.L. 92-500, as amended. Furthermore, the District recognizes that the City may in the future participate in similar federal or state programs. As part of such programs, and consistent with the City's successful participation and sharing in grant funds, certain responsibilities may be imposed upon the City with respect to compliance with state and/or federal rules and regulations regarding contributors to the City's System. The District recognizes that by virtue of this Agreement, it is a contributor to the City's System and, as a contributor shall be required to take all necessary steps to enable the City to continue to comply with such programs and to bear the District's pro rata share of the expense of such compliance. More specifically, the District authorizes the City and its representatives to enter District property and to conduct those tests, including, but not limited to, infiltration/inflow analyses, smoke tests, and/or other similar analyses as required under the provisions of the Federal Water Pollution Control Act and the City's Federal Grant Agreements to characterize the condition of the District's System. The District agrees to pay Water Supply and Waste Disposal Agreement Page 9 costs of such analyses of the District's System not refunded by the state or federal government to the City, within thirty (30) days of receipt of an invoice for the same. In addition, the District agrees to pay within thirty (30) days of receipt of an invoice the unrefunded costs of any remedial measures necessary to improve the District's System in order to comply with state or federal requirements and agrees to see that such remedial measures are timely taken. Such steps are not exclusive, and the District agrees to take all steps necessary to assure the City's compliance with such programs. Failure of the District to comply with this section shall constitute an Event of Default. 3.09 Delivery of and Title to Waste Title to all waste to be treated hereunder shall remain in a particular party so long as such waste remains on such party's side of the Interconnection. Upon passing through the Interconnection, title thereto shall pass to the other party; however, the City shall be under no responsibility to accept those waste materials which do not conform with the quality or quantity standards as otherwise specified herein including "Prohibited Waste." 3.10 Title to and Responsibility for Water. Title to, possession, and control of water shall remain in the City, or its assigns, to the point of delivery where title to possession, and control of water delivered under this Agreement shall pass from the City to the District; and the District will take such title, possession and control at such point of delivery. As between the parties hereto, the City shall be in exclusive control and possession of the water deliverable hereunder and solely responsible for any damage or injury caused thereby until the same shall have been delivered to the District at such point of delivery, after which delivery the District shall be in exclusive control and possession thereof and solely responsible from any injury or damage caused thereby, and such party respectively shall save and hold the other party harmless from all claims, demands, and causes of action which may arise while said water is under its respective ownership and control. The City shall not be responsible in damages for any failure to supply water or for interruption of the water fiunished hereunder. The District agrees to save harmless the City from all damage to real and personal property occasioned or caused by the making of the water connection or connections herein referred to or caused by the famishing of water hereunder, and shall also save and keep harmless the City from all damage of any kind, nature and description which may arise as the result of the making of this Agreement. ARTICLE IV QUANTITY AND CAPACITY 4.01 General. All services to be provided by the City herein shall be expressly subject to the payment of the appropriate impact fees, without credit and/or reimbursement, and other costs specified in this Agreement and the City's Code of Ordinances. (a) Water. Subject to the terms and conditions of this Agreement, City agrees to sell and deliver (or cause to be delivered) to the District, the District's water requirements of treated water, and the District agrees to purchase from City, the District's treated Water Supply and Waste Disposal Agreement Page 10 water requirements for resale during the term of this Agreement for water services to be supplied in the Service Area. The District's total treated water requirements shall mean the total quantity of treated water the District needs to conduct operations, use or resell within the 500.5 acres, subject to the limitation expressed hereinabove. The maximum amount of total treated water that the City shall be obligated to provide shall be the alternate capacity requirement assigned by the TCEQ to the District. As such, the District is hereby required to submit a request to obtain alternative capacity requirements from the TCEQ in accordance with 30 TAC §290.45(g) within six months after it has acquired three (3) years of data regarding the daily production of the District's water system. Until such alternative capacity requirement is obtained, it is stipulated that the District's total treated water requirements shall not exceed 800,000 gallons per day average daily flow. The City shall not be required at any time during the term of this Agreement to provide more than the following: Years Average Daffy Capacity Flow Peak hour Flow 2018-2019 75,000 gpd 156.25 gpm 2020-2021 200,000 gpd 416.67 gpm 2022-2023 400,000 gpd 833.33 gpm 2024-2025 600,000 gpd 1,250.00 gpm 2026 800,000 gpd 1,667.67 gpm (b) Waste. In consideration of the compensation stated herein, the City shall accept and treat waste from the District and the District shall have the privilege of discharging waste into the City's System, not to exceed 650,000 gallons per day average daily flow (representing connections for the Service Area described in Article I). 4.02 Capacity Reserved. The City covenants and agrees that upon receipt of impact fees as provided for in Section 5.01 of this Agreement, the City shall endeavor to reserve for the exclusive use and benefit of the District, the capacity in its water supply facilities and in its treatment plant sufficient to supply and treat the quantities set forth in Section 4.01 of this Agreement. However, the District shall not be guaranteed any specific quantity or pressure of water for the services to be provided herein by the City if the City's water supply is limited or when the District's equipment may become inoperative due to unforeseen breakdown or scheduled maintenance and repairs, and the City is in no case to be held to any liability for failure to furnish any specific amount or pressure of water or to furnish any specific capacity in its Plant for the District. 4.03 Service Contracts with Other Entities The District shall not permit any entity located outside the Service Area to connect to the District's System during the term of this Agreement without the express prior written consent of the City. Failure to comply with this provision shall constitute an Event of Default. Water Supply and Waste Disposal Agreement Page 11 ARTICLE V PAYMENT AND TERMS 5.01 Impact Fees. The District shall pay to the City impact fees pursuant to Chapter 114, Article IV of the Code of Ordinances, Baytown, Texas, to purchase water capacity and wastewater capacity from the City to serve the Service Area. The impact fees may be adjusted from time to time by the City Council and the District shall be required to pay the rate in effect at the time payment is due. a. Water Impact Fee. The water impact fee shall be one hundred twenty-five percent (1250/'0') of the water impact fee pursuant to Section 114-99 (b) of the City of Baytown Code of Ordinances for each equivalent single-family connection ("BSFC") charged to development within the City at the time of collection. The water impact fee shall be collected at the time the Developer submits each final plat. b. Wastewater Impact Fee. The wastewater impact fee shall be one hundred twenty-five percent (125%) of the wastewater impact fee pursuant to Section 114-99 (b) of the City of Baytown Code of Ordinances for equivalent single-family connection ("BSFC") charged to development within the City at the time of collection. The wastewater impact fee shall be collected at the time the developer submits each final plat. 5.02 Monthly Service Charge. The District shall pay to the City in monthly installments the following: (a) Water Service Charge. A service charge (to cover the City's operation and maintenance) equal to the City's minimum charge and additional charges, if any, applied to the actual quantity of treated water delivered to the District during the month in question per connection. The charge shall be calculated on the basis of the metered water use and otherwise for each connected user, consistent with the provisions for such calculation found in the City's Water Service Rate Ordinance, which may be amended from time to time. A copy of the City's present rate ordinance for water service, as set forth in Chapter 98, Article III of the Code of Ordinances of the City of Baytown, in effect as of the date of this Agreement, is attached as Exhibit "D," and incorporated herein. For example, as of the Effective Date of this Agreement for water service for single-family residential units, the District shall pay $3.62 per bill, $7.53 for the base charge per connection and the following per gallons used per connection: Up to 2,000 gallons per unit..................................................................$2.57 Over 2,000 — 6,000 gallons per unit ......................................................$5.60 Over 6,000 — 12,000 gallons per unit....................................................$6.71 Over 12,000 —18,000 gallons per unit..................................................$8.74 Over 18,000 gallons per unit...............................................................$11.36 The District agrees that the payment due herein shall be calculated on a per residential/commercial connection basis by using the water delivered as measured by the master meter(s) or individual residentialkommercial meters, whichever is greater. Should a Water Supply and Waste Disposal Agreement Page 12 disparity between the master meter(s) and meters of the individual residences or commercial developments exist and the master meter(s) records a greater water usage, the District shall be responsible for the payment of the amount of water usage indicated by the master meter(s) at the rate hereinabove expressed. (1) As used in this subsection (a), the term "day" shall mean a period of twenty-four (24) consecutive hours beginning at eight o'clock (8:00) a.m. on one calendar day and ending at eight o'clock (8:00) a.m. on the next succeeding calendar day. The term "month" shall mean a period beginning at eight o'clock (8:00) a.m. on the first day of a calendar month and ending at eight o'clock (8:00) a.m. on the fust day of the next succeeding calendar month, except that the first month or partial month shall begin on the day of the initial delivery of water hereunder, and the minimum monthly payment, if any, shall be prorated for such partial month. (2) The measuring equipment used for the measurement of treated water shall be read by the District on the last day of each month (or at such period of frequency arranged between the parties) at eight o'clock (8:00) a.m., or as near thereto as reasonably practicable; and on such day, the District shall account and certify to the City the amount of treated water delivered to the District. Additionally on that day, the District shall render to the City an accounting of the service charges as provided in Section 5.03. On receipt of the above-described accounting, the Director will bill the District for the service charges accrued during the preceding month. Payment by the District to the City shall be made within thirty (30) days following the receipt of the bill. (b) Wastewater Service Charge A service charge (to cover the City's operation and maintenance) equal to the City's minimum charge and additional charges, if any, applied to the metered waste gathered by the District's System, delivered to the City at the point(s) of connection, and treated by the Plant during the month in question per connection within the District's Service Area. The charge shall be calculated on the basis of the metered discharge at the point of connection, and shall be determined and billed in accordance with Section 98- 92(a) of the Code of Ordinances of the City of Baytown, as may hereafter be amended. A copy of the City's present rate ordinance for sanitary sewer service, as set forth in Chapter 98, Article N of the Code of Ordinances of the City of Baytown, in effect as of the date of this Agreement, is attached as Exhibit "E," and incorporated herein. As of the Effective Date of this Agreement, the District shall pay $3.62 per bill for the base charge plus $10.13 for the fust 2,000 gallons used per connection and $5.63 for each additional 1,000 gallons used per connection. The usage per user connection shall be calculated by dividing the total metered discharge at the point of connection with the City by the number of users in the District as reported by the District to the City. 5.03 Operating Reports. Each month, the District shall provide to the City a preliminary operating report in a form approved by the City's Director of Finance. Such preliminary operating reports shall be tendered to the City on or before the 101h of each month concerning the prior month's operations. After receipt of each preliminary operating report, the City will generate an invoice specifying the Water Supply and Waste Disposal Agreement Page 13 amount due and owing for the report period. The District shall present both the preliminary operating report and the corresponding invoice to its Board of Directors each month on or before the third Thursday of the month for the Board's review and approval. On or before the Friday after the third Thursday of each month, the District shall tender to the City a final operating report for the previous month in a form approved by the City's Director of Finance containing a certification by the presiding officer of the Board that the information contained in the report is true and correct. Should there be any difference between the preliminary and final operating reports, which affects the amount due and owing to the City, the City shall adjust the next month's bill to address such difference. 5.04 Right of Inspection. City shall have the right at anytime by actual count or by an inspection of the District's books, records and accounts to determine the number of water and sewer connections served by the District, and the District shall have the right at any time to inspect the City's books, records and accounts to verify the charges levied by the City. It shall be the duty of the parties to cooperate fully with each other in any such count, inspection or audit. All books, records and accounts shall be open for inspection at all reasonable hours for any authorized representative of the parties. 5.05 Billing and Pvments. Beginning on the date when the City first commences taking waste from the District through the Plant, the District shall account and certify to the City the number of connections in use on said first day; and thereafter, the District shall render to the City on the first day of each month an accounting of the service charges as provided in Section 5.03. On receipt of the above- described accounting, the Director will bill the District for the service charges accrued during the preceding month. Payment by the District to the City shall be made within thirty (30) days following the receipt of the bill. Any sums payable by the District to the City under this Agreement which are not paid within thirty (30) days following the receipt of the bill shall bear interest in accordance with Section 2251.025, Texas Government Code. If the District defaults on the payment of any bill, and the amount so past due and unpaid, including interest thereon, is collected by the City by suit, there shall be reasonable attorneys' fees added thereto for collection thereof by suit. Failure to pay charges when due shall constitute an Event of Default. Notwithstanding any of the above, in the event the District fails to tender payment of any amount when due and such failure continues for thirty (30) days after notice in writing to the District of such default, the City may suspend delivery of services offered hereunder, but the exercise of such right shall be in addition to any other remedy available to the City. 5.06 Service Charge Modifications Although the City believes that the present charge for such services as set forth herein are fair and reasonable; nonetheless, the parties realize that due to unforeseen contingencies, the City may increase the charges for such services, whether by amendment of the rate schedule for like services outside the City limits upon which the service charges levied hereunder are based, or by other means. 5.07 Operating Expense and Covenants as to Rates The sums to be paid the City by the District under the terms of this Agreement are declared by the District to be an essential cost of operating and maintaining the District's System as a part of the District's combined waterworks, sanitary sewer and drainage system and such costs shall be first charge upon the gross revenues received from the Water Supply and Waste Disposal Agreement Page 14 District's System as a part of the District's combined waterworks, sanitary sewer and drainage system, and such costs shall be a first charge upon the gross revenues received from the District's operation of said combined system. The District agrees to establish and maintain rates sufficient to pay all costs and expenses of operation and maintenance of the District's System. 5.08 Events of Default. An Event of Default, as stated from time to time herein, shall constitute a material breach of this Agreement for which the City may, and the District explicitly recognizes the City's right to, terminate service under this Agreement and to seek all remedies at law or in equity necessary to enforce the provision(s) violated; provided however, that this Agreement shall not be terminated prior to the City's giving thirty (30) days' written notice to the District of the Event of Default complained of and a reasonable opportunity for the District to cure said default, or, if not curable in that time as determined at the sole discretion of the City, to commence within thirty (30) days substantial curative efforts and faithfully prosecute the same. Termination of service pursuant to this section shall not limit either party to any other remedy at law or in equity. ARTICLE VI PERFORMANCE REGARDING TREATED WATER SERVICES The City covenants and agrees that it will not contract for the sale of water to other users to such an extent or for such quantities as to impair the City's ability to perform fully and punctually its obligations to the District under this Agreement. In case of temporary shortage of water notwithstanding the City's compliance with the provisions of this Article, the City shall distribute the available supply as provided by the laws of the State of Texas. It is specifically agreed and understood that this agreement contemplates that the District will resell the water purchased pursuant to the terms hereof. Pursuant to the Amendatory Contract entered into by the City of Houston and the San Jacinto River Authority, a copy of which is attached hereto as Exhibit "F" and incorporated herein for all intents and purposes, and not withstanding any other provision of this Agreement to the contrary, the District covenants and agrees that it takes the treated water under this Agreement from the City for solely municipal purposes, as such term is defined by the TCEQ rules, currently in effect or hereinafter amended, and no other purposes. Such treated water shall be sold, distributed or used and ultimately consumed only for residential household or other strictly municipal purposes exclusively within the District's Service Area. The District understands and agrees that the City, the Baytown Area Water Authority, the City of Houston or the San Jacinto River Authority, or any combination thereof, may enforce the covenants contained in this Article by an action brought directly against the District. In the event that the City maintains any legal proceeding to enforce such covenants, the District agrees to indemnify the City in the amount of all expenses relating to the legal proceeding, including, but not limited to, costs of court and reasonable attorney's fees. The District acknowledges that the City may be liable to the Baytown Area Water Authority, the City of Houston and/or the San Jacinto River Authority for monetary damages in the event that Water Supply and Waste Disposal Agreement Page 15 the District or any purchaser of water from or through the District fails to comply with the restrictions and limitations on the sale of water set out in this Article. The District acknowledges that such monetary damages would amount to seventy-five percent (75%) of the consideration or revenue received by the City for the estimated amount of water distributed, sold or used in violation of such restrictions or limitations plus all litigation expenses, reasonable attorney fees, and all other remedies available to the Baytown Area Water Authority, the City of Houston and/or the San Jacinto River Authority. The District hereby agrees to fully indemnify, hold harmless and defend the City from and against any such expenses and liability which the City might incur or any loss the City might suffer as a result of any failure by the District or any purchaser of water from or through the District, to comply with such restrictions and limitations. The District further agrees to include covenants in any sales or contracts for sale of water by the District to any other entity to ensure that said other entity will likewise indemnify, hold harmless and defend the City. The District agrees to submit the wording of such covenants for the written approval of the City prior to entering into such contracts. The District acknowledges that the City of Houston may be liable to the San Jacinto River authority for monetary damages in the event that the District or any purchaser of water from or through the District fails to comply with the restrictions and limitations on the sale of water set out in this Article. The District acknowledges that such monetary damages would amount to seventy-five percent (75%) of the consideration or revenue received by the City of Houston for the estimated amount of water distributed, sold or used in violation of such restrictions or limitations plus all litigation expenses, reasonable attorney fees, and all other remedies available to the San Jacinto River Authority. The District hereby agrees to fully indemnify, hold harmless and defend the City of Houston from and against any such expenses and liability which the City of Houston might incur or any loss the City of Houston might suffer as a result of any failure by the District or any purchaser of water from or through the District, to comply with such restrictions and limitations. The District fizrther agrees to include covenants in any sales or contracts for sale of water by the District to any other entity to ensure that said other entity will likewise indemnify, hold harmless and defend the City of Houston. The District agrees to submit the wording of such covenants for the written approval of the City prior to entering into such contracts. On or before the first anniversary of the date this agreement is signed, the District shall approve and implement and throughout the term hereof remain in full compliance with a water conservation program in accordance with the requirements of the TCEQ. Such plan and any amendments thereto shall be submitted to the appropriate authority as required by state law for review and approval. In the event that the TCEQ adopts new requirements, the District shall adopt an amended plan and submit same to the appropriate authority for review and approval. Within thirty (30) days after the term of this Agreement, the District shall furnish the City with a statement, under oath, showing the quantities and sources of all water for use or resale by the District. Water Supply and Waste Disposal Agreement Page 16 ARTICLE VII MISCELLANEOUS PROVISIONS 7.01 Force Majeure. In the event any party is rendered unable, wholly or in part, by force majeure to carry out any of its obligations under this Agreement, it is agreed that on such party's giving notice and full particulars of such force majeure in writing or by telegraph to the other party as soon as possible after the occurrence of the cause relied upon, then the obligations of the party giving such notice, to the extent it is affected by force majeure and to the extent that due diligence is being used to resume performance at the earliest practicable time, shall be suspended during the continuance of any inability but for no longer period. Such cause shall as far as possible be remedied with all reasonable dispatch. The term "force majeure" as used herein, shall include, but not be limited to acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, war, blockades, insurrections, riots, epidemics, landslides, lightening, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of governments and people, explosions, breakage or damage to machines or pipelines and any other inability of either party, whether similar to those enumerated or otherwise and not within the control of the parties claiming such inability, which by the exercise of due diligence and care such party could not have avoided. It is understood and agreed that the settlement of strikes or lockouts shall be entirely within the discretion of the party having the difficulties, and the above -referenced requirement that any force maj eure be remedied with all reasonable dispatch shall not require the settlement of strikes or lockouts by acceding to demands of the opposing party when such course is inadvisable in the discretion of the party having the difficulty. 7.02 Approval. Whenever this Agreement requires or permits approval or consent to be hereinafter given by any party, such approval or consent shall not be unreasonably withheld, and, if finally given, shall be effective without regard to whether such approval or consent is given before or after the time required herein. Such approval or consent on behalf of a party shall be evidenced by an ordinance or resolution adopted by the governing body of the party, or by an appropriate certificate executed by a person, firm or entity previously authorized to determine and give such approval or consent on behalf of the party pursuant to an ordinance or resolution adopted by the governing body, unless stated otherwise herein. 7.03 Address and Notice. Unless otherwise provided in this Agreement, any notice, communication, request, reply or advice (herein severally and collectively for convenience, called "Notice") herein provided or permitted to be given, made or accepted by any party to the other must be in writing and may be given or served by depositing the same in the United States mail, postpaid and registered or certified and addressed to the party to be notified, with return receipt requested, or by delivering the same to an officer of such party, or by prepaid telegram, when appropriate, addressed to the party to be notified. Notice deposited in the mail in the manner hereinabove described shall be conclusively deemed to be effective, Water Supply and Waste Disposal Agreement Page 17 unless otherwise stated in this Agreement, from and after the expiration of three (3) days after it is so deposited. Notice given in any other manner shall be effective only if and when received by the party to be notified. However, in the event of service interruption or hazardous conditions, neither party will delay remedial action pending the receipt of formal notice. For the purpose of notice, the address of the parties shall, until changed as hereinafter provided, be as follows: If to the City, to City of Baytown Attn: City Manager P.O. Box 424 Baytown, TX 77522-0424 Fax: (281) 420-6586 If to the District, to: Harris County Municipal Utility District No. 213-A Attn: Timothy G. Green Coats Rose 9 Greenway Plaza, Suite 1100 Houston, Texas 77046 Fax: (713) 651-0220 The parties shall have the right from time to time and at any time to change their respective addresses and each shall have the right to specify as its address any other address, provided at least fifteen (15) days' written notice is given of such new address to the other parties. 7.04 Assignability. This Agreement shall bind and benefit the respective parties and their legal successors and shall not be assignable in whole or in part by any party without first obtaining written consent of the other party. 7.05 Regulatory Agencies. This Agreement shall be subject to all present and future valid laws, orders, rules and regulations of the United States of America, the State of Texas, and of any regulatory body having jurisdiction. 7.06 No Additional Waiver Implied The failure of any party hereto to insist, in any one or more instances, upon performance of any of the terms, covenants or conditions of this Agreement, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants or conditions by any other party hereto, but the obligation of such other party with respect to such future performance shall continue in full force and effect. Water Supply and Waste Disposal Agreement Page 18 7.07 Modification. Except as otherwise provided herein, this Agreement shall be subject to change or modification only with the mutual written consent of the parties hereto. 7.08 Parties in Interest. This Agreement shall be for the sole and exclusive benefit of the parties hereto and shall not be construed to confer any rights upon any third party. The City shall never be subject to any liability in damages to any customer of the District for any failure to perform its obligations under this Agreement. 7.09 Captions. The captions appearing at the first of each numbered section in this Agreement are inserted and included solely for convenience and shall never be considered or given any effect in construing this Agreement or any provision hereof, or in connection with the duties, obligations or liabilities of the respective parties hereto or in ascertaining intent, if any question of intent should arise. 7.10 Severability. The provisions of this Agreement are severable, and if any provision or part of this Agreement or its application thereto to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such provisions or part of this Agreement to other persons or circumstances shall not be affected thereby. 7.11 Merger. This Agreement embodies the entire understanding and agreement between the parties as to the water supply and waste disposal services, and there are no prior effective representations, warranties or agreements between the parties. 7.12 Construction of Agreement. The parties agree that this Agreement shall not be construed in favor of or against any party on the basis that the party did or did not author this Agreement. 7.13 Term. This Agreement shall be in force and effect from the date of execution hereof for a term of thirty (30) years provided that (i) City's contract with the Baytown Area Water Authority for the purchase of treated water in sufficient quantities to supply the District under the terms and conditions in effect at the time of the execution of this Agreement remain unchanged and (ii) the Baytown Area Water Authority's contract with the City of Houston for the purchase of raw water in sufficient quantities to supply the Baytown Area Water Authority under the terms and conditions in effect at the time of the execution of this Agreement remain unchanged. Should the City's contract with the Baytown Area Water Authority or the Baytown Area Water Authority's contract with the City of Houston be terminated for any reason or should the City become legally unable to supply the District, then this Agreement shall terminate automatically at the time of such termination or inability. This Agreement shall be automatically extended for additional five (5) year terms unless either party gives written notice of termination three months prior to the date of any such automatic extension. However, both parties expressly understand and agree that should any portion of the property involved in this Agreement become annexed by the City of Baytown for full purposes, this Agreement may terminate with respect to such area at the sole option of the City. Water Supply and Waste Disposal Agreement Page 19 7.14 Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 7.15 Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts each of which shall be deemed an original for all purposes. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of this _ day of , 2018. DISTRICT (Signature) By: (Printed Name) (Date) (Title) Harris County Municipal Utility District No. 213-A ATTEST: (Signature) (Printed Name) (Title) APPROVED AS TO FORM: (Signature) (Printed Name) (Title) Water Supply and Waste Disposal Agreement Page 20 CITY RICHARD L. DAVIS, City Manager (Date) City of Baytown, Texas ATTEST: LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney cobfs0l legal\KarenTiles Contracts\Lennar Homes Development Agreement WASTE&H20Contrdct01102018.doc Water Supply and Waste Disposal Agreement Page 21 Exhibit "A" ARTICLE V. - INDUSTRIAL WASTE DIVISION 1. - GENERALLY Sec. 98-126. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Act or the act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq. Approval authority or administrator means the EPA region VI administrator or the director of a National Pollutant Discharge Elimination System (NPDES) delegated state with an approved state pretreatment program or their duly authorized representatives, as defined in 40 CFR 403.3(c). Authorized representative of the industrial user means that the reports required by this section shall include the certification statement as set forth in 40 CFR 403.6(a)(2)(ii), and shall be signed as follows: (1) By a responsible corporate officer, if the industrial user submitting the reports is a corporation. For the purpose of this subsection, a responsible corporate officer means: a. A president, secretary, treasurer or vice-president of the corporation in charge of a principal business function, or any person with similar policy- or decision-making responsibilities for the corporation; or b. The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000.00, in second-quarter 1980 dollars, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) By a general partner or proprietor if the industrial user submitting the reports is a partnership or sole proprietorship, respectively. (3) By a duly authorized representative of the individual designated in subsection (1) or (2) of this definition if: a. The authorization is made in writing by the individual described in subsection (1) or (2) of this definition; b. The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well or wellfield superintendent, or a position of equivalent responsibility for environmental matters for the company; and c. The written authorization is submitted to the director. (4) If an authorization under subsection (3) of this definition is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of subsection (3) of this definition must be submitted to the city prior to or contemporaneously with any reports to be signed by an authorized representative. Biochemical oxygen demand (BOD) means the quantity of oxygen by weight, expressed in mg/I, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five days at a temperature of 20 degrees Celsius. Blowdown means the minimum discharge of recirculating water for the purpose of discharging materials contained in the water, the further buildup of which would cause concentration in amounts exceeding limits established by best engineering practices. Page 1 Building sewer means the extension from the building drain to the public sewer or other place of disposal, also called house lateral and house connection. Chemical oxygen demand (COD) means the measure of the oxygen consuming capacity of inorganic and organic matter present in the water or wastewater expressed in mg/I as the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand. City or individuals representing the city means the City of Baytown, Texas, or any authorized person acting in its behalf. Composite sample means a sampling method that combines discrete aliquots of a sample collected over time, based on the flow of the wastestream being sampled. There are two methods used to collect this type of sample. One method collects a constant sample volume at time intervals which may vary based on the stream flow (e.g., 200 milliliters (ml) sample collected for every 5,000 gallons discharged). The other method collects aliquots of varying volume, based on stream flow, at constant time intervals. Contact cooling water means water used for cooling which comes into contact with raw material, intermediate product, waste product or finished product. Control authority refers to the POTW of the city. Control manhole means a manhole giving access to a building sewer at some point before the building sewer discharge mixes with other discharges in the public sewer. Director means the director of the city public works/utilities department, or his authorized deputy, agent or representative. Disposal garbage means animal and vegetable wastes and residue from preparation, cooking and dispensing of food; and from the handling, processing, storage and sale of food products and produce. Environmental protection agency or EPA means the United States Environmental Protection Agency. Grab sample means an individual sample collected over a period of time not exceeding 15 minutes. Indirect discharge or discharge means the introduction of pollutants into a POTW from any nondomestic source regulated under section 307(b), (c) or (d) of the act. Industrial user (IU) or user means a source of indirect discharge. Industrial waste means waste resulting from any process of industry, manufacturing, trade or business from the development of any natural resource, disposal garbage or any mixture of the waste with water or normal wastewater, or distinct from normal wastewater. Industrial waste charge or user charge or surcharge means the charge made on those persons who discharge industrial wastes with high loadings over that of normal domestic sewage into the city's sewer system to recover excessive costs for treatment by the city. Interference means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both: (i) inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and (ii) therefore, is a cause of a violation of any requirement of the POTW's TPDES permit, including an increase in the magnitude or duration of a violation, or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued there under, or more stringent state or local regulations, or section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) including Title Il, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act. Maximum allowable discharge limit means the highest allowable discharge. Milligrams per liter (mg/I) means the same as parts per million and is a weight -to -volume ratio; the milligram -per -liter value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water. Page 2 National pretreatment standard, pretreatment standards or standards means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307 (b) and (c) of the act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5. Natural outlet means any outlet into a watercourse, ditch, lake or other body of surface water or groundwater. New source means any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that (i) the building, structure, facility or installation is constructed at a site at which no other source is located; (ii) the building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (iii) the production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsections (i) through (iii) of this definition but otherwise alters, replaces or adds to existing process or production equipment. Construction of a new source has commenced if the owner or operator has: (1) Begun, or caused to begin as part of a continuous on-site construction program: a. Any placement, assembly or installation of facilities or equipment; or b. Significant site preparation work, including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment; or (2) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this subsection. Noncontact cooling water means water used for cooling which does not come into contact with any raw material, intermediate product, waste product or finished product. Nondomestic user means any person who discharges, causes or permits the discharge of wastewater from any facility other than a residential unit. Normal domestic wastewater means wastewater, excluding industrial wastewater, discharged by a person into sanitary sewers and in which the average concentration of total suspended solids is not more than 250 mg/I and BOD is not more than 250 mg/I. Operator means the person responsible for the overall operation of a facility. Overload means the imposition of organic or hydraulic loading on a treatment facility in excess of its engineered design capacity. Owner means the person who owns a facility or part of a facility. Pass through means a discharge which exits the POTW into waters of the United States, or any state, in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's TPDES permit, including an increase, in the magnitude or duration of a violation. Person or any individual means and includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity. Page 3 pH means the logarithm (base 10) of the reciprocal of the hydrogen ion concentration. Pollutant means dredged spoils, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water. It does not mean sewage from vessels; or water, gas or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by authority of the state in which the well is located and if the state determines that the injection or disposal will not result in the degradation of groundwater or surface water resources. Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater prior to or instead of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR 403.6(d). Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with 40 CFR 403.6(e). Pretreatment requirements means any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user. Process wastewater means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct or waste product. Public sewer means pipe or conduit carrying wastewater or unpolluted drainage in which owners of abutting properties shall have the use, subject to control by the city. Publicly -owned treatment works (POTVt9 or wastewater treatment plant means a treatment works as defined by section 212 of the act, which is owned by a state or municipality, as defined by section 502(4) of the act. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the municipality, as defined in section 502(4) of the act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works. Sanitary sewer means a public sewer that conveys domestic wastewater or industrial wastes or a combination of both and into which stormwater, surface water, groundwater and other unpolluted wastes are not intentionally passed. Significant industrial user means: (1) All dischargers subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N; and (2) All noncategorical dischargers that, in the opinion of the director, have a reasonable potential to adversely affect the POTW's operation, or that contribute a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant, or that discharge an average of 25,000 gallons per day or more of process wastewater to the POTW. However, the director need not designate as significant any noncategorical industrial user that, in the opinion of the director and with the agreement of the administrator, has no potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. Any noncategorical industrial user designated as significant may petition the director to be deleted from the list of significant industrial users on the grounds that it has no potential for adversely affecting the POTW's operation or violating any pretreatment standard or requirement. Page 4 Slug load or slug means any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or noncustomary batch discharge of water, wastewater or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation. Standard industrial classification (SIC) code means a classification pursuant to the Standard Industrial Classification Manual currently issued by the Executive Office of the President, Office of Management and Budget. The SIC defines industries in accordance with the composition and structure of the economy and covers the entire field of economic activities. Storm sewer means a public sewer that carries stormwater and surface water and drainage and into which domestic wastewater or industrial waste is not intentionally passed. Stormwater means rainfall or any other forms of precipitation. Strong acid means any substance with a pH less than 6.0. Suspended solids or total suspended solids (TSS) means solids measured in mg/I that either float on the surface of or are in suspension in water, wastewater or other liquids and which are largely removable by a laboratory filtration device. To discharge includes to deposit, conduct, drain, emit, throw, run, allow to seep or otherwise release or dispose of, or to allow, permit or suffer any of these acts or omissions. Toxic pollutant means one of 126 pollutants or combination of those pollutants listed as toxic in regulations promulgated by the EPA under the provision of section 307 (33 U.S.C. § 1317) of the act. Trap means a device designed to skim, settle or otherwise remove grease, oil, sand, flammable wastes or other harmful substances. Unpolluted wastewater means water containing: (1) No free or emulsified grease or oil; (2) No acids or alkalis; (3) No phenols or other substances producing taste or odor in receiving water; (4) No toxic or poisonous substances in suspension, colloidal state or solution; (5) No noxious or otherwise obnoxious or odorous gases; (6) Not more than an insignificant amount in mg/I each of suspended solids and BOD, as determined by the state natural resource conservation commission; and (7) Color not exceeding 50 units as measured by the platinum -cobalt method of determination as specified in 40 CFR 136. Waste means rejected, unutilized or superfluous substances in liquid, gaseous or solid form resulting from domestic, agricultural or industrial activities. Wastewater means a combination of the water -carried waste from residences, business buildings, institutions and industrial establishments, together with any groundwater, surface water and stormwater that may be present. Wastewater facilities includes all facilities for collection, pumping, treating and disposing of wastewater and industrial wastes. Watercourse means a natural or manmade channel in which a flow of water occurs, either continuously or intermittently. (Code 1967, §§ 34-11, 34-52(a); Ord. No. 1765, § 1, 3-13-75; Ord. No. 6191, § 2, 3-26-92; Ord. No. 6667, § 1, 6-8-93; Ord. No. 8118, § 1, 10-23-97; Ord. No. 10,344, § 2, 5-25-06) Page 5 Cross reference—Definitions generally, § 1-2. Sec. 98-127 -Abbreviations. As used in this article, the following abbreviations shall have the following meanings BOD means five-day biochemical oxygen demand. CFR means Code of Federal Regulations. COD means chemical oxygen demand. EPA means U.S. Environmental Protection Agency. mg11 means milligrams per liter. NPDES means National Pollutant Discharge Elimination System. O&M means operation and maintenance. POTW means publicly -owned treatment works. SIC means standard industrial classifications. TCEQ means Texas Commission on Environmental Quality TPDES means Texas Pollutant Discharge Elimination System. TSS means total suspended nonfilterable solids. USC means United States Code. (Code 1967, § 34-52(b); Ord. No. 6191, § 2, 3-26-92; Ord. No. 8118, § 1, 10-23-97; Ord. No. 10,322, § 3, 5-11-06) Sec. 98-128. - Purpose. This article sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the city and enables the city to comply with all applicable state and federal laws required by the Clean Water Act (33 U.S.C. § 1251 et seq.) and the General Pretreatment Regulations (40 CFR 403). (Code 1967, § 34-51(a); Ord. No. 6191, § 1, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-129. - Objectives. (a) The objectives of this article are to: (1) Prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge; (2) Prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system; (3) Improve the opportunity to recycle and reclaim wastewaters and sludges from the system; (4) Provide for equitable distribution of the cost of the municipal wastewater system; (5) Ensure that the composition of sludge will allow its use and disposal to be in compliance with all local, state and federal statutes and regulations; Page 6 (6) Protect the health and welfare of the general public and all the POTW personnel; (7) Enable the city to comply with TPDES permit conditions, sludge use and disposal requirements and any other applicable federal or state law; and (8) Prevent property damage. (b) This article provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customer's capacity will not be preempted and provides for the setting of fees for the equitable distribution of costs resulting from the program established in this article. (Code 1967, § 34-51(b); Ord. No. 6191, § 1, 3-26-92; Ord. No. 8118, § 1, 10-23-97; Ord. No. 10,322, § 4, 5-11-06) Sec. 98-130. -Jurisdiction and enforcement. (a) This article shall apply to the city and to persons and entities outside the city who are, by contract or agreement with the city, users of the city POTW. (b) Except as otherwise provided in this article, the director shall administer, implement and enforce the provisions of this article. (c) The requirements of this article shall apply to all areas within the extraterritorial limits of the city, as established by the Texas Revised Civil Statutes and as they shall be amended, and shall apply to all users of the water and sewer system of the city, regardless of location. (Code 1967, § 34-51(c); Ord. No. 6191, § 1, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-131. - Applicability. This article shall apply to all nondomestic users of the city's POTW discharging directly or indirectly into the POTW's sanitary system. In addition, it shall be unlawful for any nondomestic user located outside the city limits to continue discharges to the POTW except as provided in this article. (Code 1967, § 34-51(d); Ord. No. 6191, § 1, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-132. - Compliance. (a) Unless exception is granted by the city, the public sanitary sewer system shall be used by all persons discharging: (1) Wastewater; (2) Industrial waste; and/or (3) Polluted liquids. (b) Unless authorized by the state natural resource conservation commission, no person may deposit or discharge any waste included in subsection (a) of this section on public or private property into or adjacent to any: (1) Natural outlet; (2) Watercourse; (3) Storm sewer; or Page 7 (4) Other area within the jurisdiction of the city. (c) The city shall verify prior to discharge that wastes authorized to be discharged will receive suitable treatment within the provisions of laws, regulations, ordinances, rules and orders of federal, state and local governments. (Code 1967, § 34-20; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97) Sec. 98-133. - City requirements. (a) If discharges or proposed discharges to public sewers may (i) cause damages to collection facilities; (ii) impair the processes; (iii) incur treatment cost exceeding those of normal sewage; (iv) render the water unfit for receiving waters or industrial use; (v) create a hazard to life or health; or (vi) create a public nuisance; the approving authority shall require the following: (1) Pretreatment to an acceptable condition for discharge to the public sewers; (2) Control of the quantities and rates of discharge of such waste; and (3) Payment of surcharges for excessive cost for treatment, provided such wastes are amenable to treatment by normal sewage plant facilities operated by the city. (b) The city is entitled to determine whether a discharge or proposed discharge is included under subsection (a) of this section. (c) The city shall reject wastes when: (1) It determines that a discharge or proposed discharge is included under subsection (a) of this section; and (2) The discharger does not meet the requirements of subsection (a) of this section. (Code 1967, § 34-21; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97) Sec. 98-134. - City review and approval. (a) If pretreatment or control is required under this article, the city shall review and approve design and installation of equipment and processes. (b) The design and installation of equipment and processes must conform to all applicable statutes, codes, ordinances and other laws. (c) Any person responsible for discharges requiring pretreatment, flow equalizing or other facilities shall provide and maintain the facilities in effective operating condition at his own expense. (Code 1967, § 34-22; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97) Sec. 98-135. - Traps. (a) Under this article, discharges requiring a trap should include grease or waste containing grease in excessive amounts, oil, sand, flammable waste and other harmful ingredients. (b) Any person responsible for discharges requiring a trap shall, at his own expense and as required by the city, provide plans and specifications for equipment and facilities of a design type and design capacity approved by the city engineer and by the director. The person shall locate the trap in a manner that provides easy accessibility for cleaning and inspection and maintain the trap in effective operating condition. The trap shall be inspected by the city's inspection department during construction and upon completion. A final inspection shall be made by all interested parties, including the city engineer, director and chief building official, before any service connections are made. Page 8 (Code 1967, § 34-23; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97) Sec. 98-136. - Building sewers. (a) Any person responsible for a discharge through a building sewer carrying industrial wastes shall, at his own expense and as required by the city: (1) Install an accessible and safely located control manhole or inspection chamber; (2) Install meters and other appurtenances to facilitate observation sampling and measurement of the waste; and (3) Maintain the equipment and facilities. (b) Every such manhole or inspection chamber, shall be of such design and construction as to prevent infiltration by groundwater and surface water or introduction of slugs or solids by the installation of screens with maximum openings of one inch, but of sufficient fineness to prevent the entrance of objectionable slugs or solids to the sanitary sewer system, and shall be so maintained by the person discharging wastes so that any authorized representative or employee of the city may readily and safely measure the volume and obtain samples of the flow at all times. Plans for the construction of control manholes or inspection chambers, including such flow measuring devices as may be required by this article, shall be approved by the director prior to the beginning of construction. (Code 1967, § 34-24; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97) Sec. 98-137. - Hauled wastewater procedures. (a) As used in this section, "industrial waste" shall include septic tank waste. (b) Industrial waste may be introduced into the POTW only at locations designated by the director and at such times as are established by the director. Such waste shall not violate division 5 of this article or any other requirements established by the city. (c) Industrial waste haulers may discharge loads only at locations designated by the director. No load may be discharged without prior consent of the director. The director may collect samples of each hauled load to ensure compliance with applicable standards. The director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge. (d) An industrial waste hauler must provide a waste -tracking form for every load. This form shall include at a minimum the name and address of the person generating the industrial waste and the volume and characteristics of the waste. The form shall identify the type of industry, known or suspected waste constituents and whether any wastes are RCRA hazardous wastes. (Ord. No. 8118, § 1, 10-23-97) Sec. 98-138. - Protection from damage. No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the sewer works. Any person violating this section shall be guilty of a misdemeanor and fined in accordance with the penalty set out in division 2 of this article. (Code 1967, § 34-55; Ord. No. 6191, § 5, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-139. - Confidential information, access to data. Page 9 Information and data provided to the city pursuant to this article that is effluent data shall be available to the public without restriction. Any other information submitted may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions or, for other submissions, by stamping the works "confidential business information" on each page containing such information. If no claim is made at the time of submission, the city may make the information available to the public without further notice. If a claim is asserted, the city will submit the information to the state attorney general and the submitter will be required to assert why the information should not be public. Unless the state attorney general's public information opinion is timely appealed, the city and the submitter shall be bound by such opinion. (Code 1967, § 34-61; Ord. No. 6191, § 11, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Secs. 98-140-98-165. - Reserved. DIVISION 2. -ADMINISTRATION AND ENFORCEMENT Subdivision I. - In General Sec. 98-166. - Publication of industrial users in significant noncompliance As required by the public participation requirements of 40 CFR Part 25, on July 31 of each year the director shall cause to be published in the largest daily newspaper published in the city a list of all industrial users which at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. For the purpose of this section, an industrial user is in significant noncompliance if its violation meets one or more of the following criteria: (1) Chronic violations of wastewater discharge limits, defined as those in which 66 percent or more of all of the measurements taken during a six-month period exceed by any magnitude the daily maximum limit or the average limit for the same pollutant parameter; (2) Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of all the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC:1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH); (3) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the director determines has caused interference or pass through, including endangering the health of POTW personnel or the general public; (4) Any discharge of a pollutant that has caused imminent endangerment to human health or welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under section 98-198 to halt or prevent such a discharge; (5) Failure to meet, within 90 days after the schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance; (6) Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90 -day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules; (7) Failure to accurately report noncompliance; or (8) Any other violation or group of violations the director determines will adversely affect the operation or implementation of the local pretreatment program. Page 10 (Code 1967, § 34-62; Ord. No. 6191, § 12, 3-26-92; Ord. No. 8118, § 1, 10-23-97; Ord. No. 10,322, § 5, 5-11-06) Sec. 98-167. - Act of God defense. (a) The act of God defense constitutes statutory affirmative defense (V.T.C.A., Water Code § 7.251) in an action brought in municipal or state court. If a person can establish that an event that would otherwise be a violation of a pretreatment ordinance or a permit issued under the ordinance was caused solely by an act of God, war, strike, riot or other catastrophe, the event is not a violation of the ordinance or permit. (b) An industrial user who wishes to establish the act of God affirmative defense shall demonstrate, through relevant evidence that: (1) An event that would otherwise be a violation of a pretreatment ordinance or a permit issued under the ordinance occurred and the sole cause of the event was an act of God, war, strike, riot or other catastrophe; and (2) The industrial user has submitted the following information to the POTW and the city within 24 hours of becoming aware of the event that would otherwise be a violation of a pretreatment ordinance or a permit issued under the ordinance (if this information is provided orally, a written submission must be provided within five days): a. A description of the event, and the nature and cause of the event; b. The time period of the event, including exact dates and times or, if still continuing, the anticipated time the event is expected to continue; and c. Steps being taken or planned to reduce, eliminate and prevent recurrence of the event. (c) Burden of proof. In any enforcement proceeding, the industrial user seeking to establish the act of God affirmative defense shall have the burden of proving by a preponderance of the evidence that an event that would otherwise be a violation of a pretreatment ordinance or a permit issued under the ordinance was caused solely by an act of God, war, strike, riot or other catastrophe. (Ord. No. 10,322, § 6, 5-11-06) Editor's note-- Ord. No. 10,322, § 6, adopted May 11, 2006, repealed the former § 98-167, and enacted a new § 98-167 as set out herein. The former provisions pertained to affirmative defenses to upsets and derived from Code 1967, § 34-65(a); Ord. No. 6191, § 15, adopted March 26, 1992; Ord. No. 8118, § 1, adopted Oct. 23, 1997. Sec. 98-168. - Affirmative defenses to bypass. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning. Bypass means the intentional diversion of wastestreams from any portion of an industrial user's treatment facility. Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. (b) Bypass not violating applicable pretreatment standards or requirements. An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be Page 11 violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of subsections (c) and (d) of this section. (c) Notice. (1) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the director, if possible at least ten days before the date of the bypass. If ten days' notice is not possible, the industrial user shall submit notice as soon as possible. (2) An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the director within 24 hours from the time the industrial user becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial user becomes aware of the need for the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass. The director may at his discretion waive the written report on a case-by-case basis if the oral report has been received within 24 hours. (d) Prohibition of bypass. (1) Bypass is prohibited, and the director may take enforcement action against an industrial user for a bypass, unless: a. The bypass was unavoidable to prevent loss of life, personal injury or severe property damage; b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and c. The industrial user submitted notices as required under this section. (2) The director may approve an anticipated bypass, after considering its adverse effects, if the director determines that it will meet the three conditions listed in subsection (d)(1) of this section and the industrial user complies with the notice requirements of subsection (c) of this section. (e) Burden of proof. In any enforcement proceeding, the industrial user seeking to establish the occurrence of a nonprohibited bypass shall have the burden of proving the occurrence to a preponderance of the evidence. (Code 1967, § 34-65(b); Ord. No. 6191, § 15, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Secs. 98-169-98-190. - Reserved. Subdivision II. -Administrative Enforcement Remedies Sec. 98-191. - Notification of violation. Whenever the director finds that any user has violated or is violating this article, a permit or any prohibition, limitation or requirements contained herein, the director may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of notice, a plan for the satisfactory correction thereof shall be submitted to the director by the user. (Code 1967, § 34-63(a); Ord. No. 6191, § 13, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Page 12 Sec. 98-192. - Consent orders. The director is empowered to enter in consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the industrial user responsible for the noncompliance with this article or any permit. Such orders will include specific action to be taken by the industrial user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to sections 98-194 and 98-195. (Code 1967, § 34-63(b); Ord. No. 6191, § 13, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-193. - Show cause hearing. (a) Whenever the director has proposed to take any enforcement action against any user pursuant to the provisions of this article, other than an emergency suspension or a cease and desist order, or termination of a discharge, the director shall first provide notice in the form and manner described in subsection (b) of this section to the user and afford the user an opportunity for a hearing in the form and manner described in this section before the enforcement action is taken. If, after the director has complied with the notice requirements as described in subsection (b) of this section, the user does not request a hearing for review of the enforcement action within the specified time, the director may take the enforcement action on the day specified in the notice to the user, or at any time thereafter. (b) Notice must be sent to the user at least eight days prior to the proposed date of the proposed enforcement action, if notice is sent by mail, or at least five days prior to the proposed enforcement action, if notice is delivered by the director. The notice may be sent by certified mail, return receipt requested or hand delivered to the user by a person designated by the director to deliver such notices. The notice must be written and clearly communicate the following information: (1) The name of the user against whom the enforcement action is proposed to be taken; (2) The address of the user against whom the enforcement action is proposed to be taken; (3) The reason for the proposed enforcement action including the date and general nature of the alleged violation of this article; (4) The nature of the proposed action, and the date and time that the proposed enforcement action will take place, including the amount of the fine which could be imposed; (5) The user has the right to appear and be heard at a hearing to show cause why the proposed enforcement action should not be taken; (6) The means by which the user may arrange for such a hearing; and (7) The date by which the user must request and set the hearing in order to receive it, which deadline may be no earlier than one day prior to the date of the proposed enforcement action, nor may that deadline ever be sooner than five days from the date of sending of the notice, the five days not including weekdays on which city offices are closed for holidays. (c) After the deadline for requesting a hearing as described in subsection (b) of this section has passed, a user may still request a hearing to review the proposed enforcement action within ten days of the aforementioned deadline, upon presentation to the city manager of an affidavit declaring that the user, through no fault of that user, did not receive notice of the proposed enforcement action in time to act upon the notice. When a hearing pursuant to this subsection is requested, the city manager shall as soon as practicable make a determination of whether the appeal appears to be meritorious, and if the city manager determines that it is meritorious, the city manager shall order that the proposed enforcement action be postponed pending the appeal. (d) If any user requests a hearing to review the decision to take an enforcement action against that user, the hearing shall be presided over by the city manager or any fair and neutral person he may appoint, which person must be of managerial employment and not involved in the original decision to take the proposed enforcement action, in this context known as the hearing officer. The hearing shall Page 13 be held no sooner than the next business day nor later than 15 business days after being requested by the user. The hearing officer may, in his discretion, delay or advance the hearing time upon showing of good cause by the user. At the hearing, the user shall be given the opportunity to be heard in person to present the user's case, to present testimony from other persons, and to admit documents. The user may be represented by counsel, though the city shall not provide counsel to the user. The user shall be given the opportunity to confront and cross-examine any witnesses appearing against him at the hearing. The user may request that a representative of the utilities department be present at the hearing and be subject to questioning. However, the rules of evidence or procedure for civil or criminal trials need not be enforced. The city's reasons for the proposed enforcement action shall be stated at the hearing. Upon reaching a final decision, the hearing officer shall state his reasons for reaching that decision and state the evidence on which the hearing officer relied in reaching those conclusions. If the hearing officer finds in favor of the user, the proposed enforcement action shall not take place. The hearing officer shall have the power to grant extensions, modify orders and fashion other reliefs as would be equitable and consistent with applicable regulations and laws promulgated by the United States, the state or any administrative agency thereof. (e) At any hearing held pursuant to this article, testimony taken must be under oath and recorded. A transcript of the hearing will be made available to any member of the public or any party to the hearing upon payment of the usual charges for such transcription. (Code 1967, § 34-63(c); Ord. No. 6191, § 13, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-194. - Compliance order. When the director finds that an industrial user has violated or continues to violate this article or a permit or order issued under this article, but where the violation does not involve a pass through or interference that could cause the city to be in violation of federal or state environmental regulations, he may issue, within a 30 -day period of such finding, an order to the industrial user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed and are properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring and management practices. (Code 1967, § 34-63(d); Ord. No. 6191, § 13, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-195. - Cease and desist orders. When the director finds that an industrial user has violated or continues to violate this article or any permit or order issued under this article, the director may issue an order to cease and desist all such violations and direct those persons in noncompliance to: (1) Comply forthwith; and (2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge. (Code 1967, § 34-63(e); Ord. No. 6191, § 13, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-196. - Administrative fines. Notwithstanding any other section of this article, any user who is found to have violated any provision of this article or any permits and orders issued under this article shall be fined in an amount not to exceed $2,000.00 per violation. Each day on which noncompliance shall occur or continue shall be deemed a Page 14 separate and distinct violation. The amount of such fine may be added to the user's next scheduled sewer service charge and the director shall take such other collection remedies as he has to collect other service charges. Unpaid charges, fines and penalties shall constitute a lien against the individual user's property. Industrial users desiring to dispute such fines must file a request for the director to reconsider the fine in accordance with section 98-193. (Code 1967, § 34-63(f); Ord. No. 6191, § 13, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-197. - Emergency suspensions. (a) The director may suspend the wastewater treatment service and permit of an industrial user whenever such suspension is necessary in order to stop an actual or threatened discharge presenting or causing an imminent or substantial endangerment to the health or welfare of persons, the POTW or the environment. (b) Any user notified of a suspension of the wastewater treatment service or the permit shall immediately stop or eliminate its contribution. If a user fails to immediately comply voluntarily with the suspension order, the director shall take such steps as he deems necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The director shall allow the user to recommence its discharge when the endangerment has passed, unless the termination proceedings set forth in section 98-198 are initiated against the user. (c) An industrial user which is responsible, in whole or in part, for imminent endangerment shall submit to the director a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence prior to the date of the hearing described in section 98-193, or within the time period allowed for requesting such a hearing if no hearing is requested. (Code 1967, § 34-63(g); Ord. No. 6191, § 13, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-198. -Termination of discharge The director shall have authority, after informal notice to the discharger, to immediately and effectively halt or prevent any discharge of pollutants to the POTW which reasonably appears to present an imminent endangerment to the health or welfare of persons. The director shall also have authority, which shall include notice to the affected industrial users and an opportunity to respond, to halt or prevent any discharge to the POTW which presents or may present an endangerment to the environment or which threatens to interfere with the operation of the POTW. The director shall have authority to seek judicial relief and may also use administrative penalty authority when the director has sought a monetary penalty which the director believes to be insufficient. (Code 1967, § 34-63(h); Ord. No. 6191, § 13, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-199. - Post enforcement hearing. Under this article, whenever the director has ordered an emergency suspension, ordered an enforcement action which, for reasons of imminent public danger must be complied with immediately, such as issuing a cease and desist order, or a termination of discharge, the user shall, upon compliance with such order, be afforded notice of an opportunity to request a hearing in the form and manner specified in section 98-193. The notice referred to therein shall be mailed to the user against whom the enforcement action is taken within three days after the user has complied with the enforcement action. The notice shall be in the same form and of the same contents as the notice prescribed in section 98- 193(b), except that the deadline by which the user must request and set the hearing in order to receive it Page 15 may be no earlier than five days after the mailing of the notice nor later than 15 days after the mailing of the notice. (Code 1967, § 34-63(i); Ord. No. 6191, § 13, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Secs. 98-200-98-220. - Reserved. Subdivision III. -Judicial Enforcement Remedies Sec. 98-221. - Injunctive relief. Whenever an industrial user has violated or continues to violate the provisions of this article or any permit or order issued under this article, the director, through counsel, may petition any court of competent jurisdiction for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, which restrains or compels the activities on the part of the industrial user, and such other actions as appropriate for legal and/or equitable relief may also be sought by the city. (Code 1967, § 34-64(a); Ord. No. 6191, § 14, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-222. - Civil penalties. For any user who is found to have violated an order of the director or who intentionally, recklessly or negligently fails to comply with any section of this article, and the orders, rules, regulations and permits issued under this article, a civil penalty shall be assessed of not more than $2,000.00 for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. The city is specifically authorized to recover all consequential damages available at law or in equity resulting directly or indirectly from an unauthorized discharge to the POTW, including upsets or bypasses. Such damages shall include, but not be limited to, any fines or penalties assessed against the city by any state or federal agency or commission as a result of such discharge. In addition to the penalties and damages provided herein, the director may recover reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this article or the orders, rules, regulations and permits issued under this article. Additional recoveries and relief in law or equity under existing federal or state law are not precluded by specific recoveries obtained by the city under this subdivision. (Code 1967, § 34-64(b); Ord. No. 6191, § 14, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-223. - Criminal prosecution. (a) Violations generally. Any industrial user who intentionally, recklessly or negligently violates any provision of this article or any orders or permits issued hereunder shall, upon conviction, be guilty of a misdemeanor affecting fire, safety, public health or sanitation, punishable by a fine not to exceed $2,000.00 per violation. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. (b) Falsifying information. Any industrial user who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or any permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be guilty of a misdemeanor affecting fire, safety, public health or sanitation and shall be Page 16 punished by a fine of not more than $2,000.00 per violation. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. (c) Federal or state penalties. Nothing in this subdivision shall be construed to limit the liability of any violator to penalties or fines imposed by agencies of the United States or this state. (Code 1967, § 34-64(c); Ord. No. 6191, § 14, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Secs. 98-224-98-250. - Reserved. DIVISION 3. - PERMITS Sec. 98-251. - General permit requirements. (a) Notice from nondomestic users. Under this article, every nondomestic user must notify the director of the nature and characteristics of its wastewater prior to commencing the discharge. The director is authorized to prepare a form for this purpose. (b) Control of contributions to POTW. The POTW shall have legal authority to control through permit, order or similar means, the contribution to the POTW by each industrial user to ensure compliance with applicable pretreatment standards and requirements. For significant industrial users under 40 CFR 403.3(t), this control shall be achieved through permits or equivalent individual control mechanisms issued to each such user. (c) Wastewater survey. Every industrial user shall complete a wastewater discharge permit application/survey approved by the director within 30 days of written instruction to do so by a city official. (d) Permit required; effect of permit. It shall be unlawful for any categorical or significant industrial users to discharge wastewater, either directly or indirectly, into the city's sanitary sewer system without first obtaining an industrial user pretreatment permit from the director. Any violation of the terms and conditions of a permit shall be deemed a violation of this article. Obtaining a permit does not relieve a permittee of its obligation to obtain other permits required by federal, state or local law. (e) Denial or conditions of new or increased contributions. The POTW shall have legal authority to deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by industrial users where such conditions do not meet applicable pretreatment standards and requirements or where such contributions would cause the POTW to violate its NPDES permit. (f) Additional users requiring permit. The director may require that other industrial users, including liquid waste haulers, obtain wastewater discharge permits as necessary to carry out the purposes of this article. (g) Users outside city limits. Any industrial user located beyond the city limits, including, but not limited to, extrajurisdictional industrial users, shall submit a permit application in accordance with this article within 30 days of the effective date of the ordinance from which this article derives. Any new industrial user located beyond city limits shall submit such applications to the director 60 days prior to discharging into the sanitary sewer. Upon review and approval of such application, the director may enter into a contract with the user which requires the user to subject itself to, and abide by, this article, including all permitting, compliance monitoring, reporting and enforcement sections of this article. (h) Existing connections. Any significant industrial user which discharges nondomestic waste into the sanitary sewer system prior to the effective date of the ordinance from which this article derives and who wishes to continue such discharges in the future, shall within 90 days after such effective date, apply to the director for a wastewater discharge permit and shall not cause or allow discharges to the Page 17 POTW to continue after 180 days from and after the effective date of the ordinance from which this article derives, except in accordance with a permit issued by the director. (i) New connections. Any significant industrial user proposing to begin or recommence discharging nondomestic wastes into the sanitary sewer system must obtain a pretreatment permit prior to beginning or recommencing such discharge. An application for this permit must be filed at least 90 days prior to the anticipated startup date. (j) Certification statement. All permit applications must contain the following certification statement and shall be signed in accordance with subsection (k)(1), (2), (3) or (4) of this section: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person who manages the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." (k) Signatures on certification statement. The certification statement required in subsection 0) of this section shall be signed by the following: (1) A responsible corporate officer, if the industrial user submitting the reports is a corporation. For the purpose of this subsection a responsible corporate officer means: a. A president, secretary, treasurer or vice-president of the corporation in charge of a principal business function, or any other person with similar policy- or decision-making responsibilities for the corporation; or b. The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000.00, in second quarter 1980 dollars, if authority to sign documents has been assigned or delegated; (2) A general partner or proprietor if the industrial user submitting the reports is a partnership or sole proprietorship, respectively; (3) The principal executive officer or director having responsibility for the overall operation of the discharging facility if the industrial user submitting the reports is a federal, state or local governmental entity, or its agents; (4) A duly authorized representative of the individual designated in subsection (k)(1), (2) or (3) of this section if. a. The authorization is made in writing by the individual described in subsection (k)(1), (2) or (3) of this section; b. The authorization specified either an individual or a position having responsibility for the overall operation of the facility from which the industrial user discharge originates, such as the director, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and c. The written authorization is submitted to the director. (5) If an authorization under subsection (k)(4) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of subsection (k)(4) of this section must be submitted to the director prior to or together with any reports to be signed by an authorized representative. (Code 1967, §§ 34-56, 34-57; Ord. No. 6191, §§ 6, 7, 3-26-92; Ord. No. 6529, § 1, 1-28-93; Ord. No. 6667, § 2, 6-8-93; Ord. No. 8118, § 1, 10-23-97) Page 18 Sec. 98-252. - Application. In order to be considered for a wastewater discharge permit, every industrial user required to have a permit must submit the following information on an application form approved by the director: (1) The name, address and location, if different from the address, state of incorporation, if applicable; (2) Standard industrial classification (SIC) code of both the industry as a whole and any processes for which federal categorical standards have been promulgated; (3) Wastewater constituents and characteristics, including any pollutants in the discharge which are limited by federal, state or local standards. Sampling and analysis will be taken in accordance with 40 CFR 136; (4) The time and duration of the discharge; (5) Daily maximum, daily average and monthly average wastewater flow rates, including daily, monthly and seasonal variations, if any; (6) Description of activities, facilities and plant processes on the premises, including a list of all raw materials and chemicals used at the facility which are or could accidentally or intentionally be discharged to the POTW; (7) The site plans, floor plans and mechanical and plumbing plans and details to show all sewers, floor drains and appurtenances by size, location and elevation; (8) Each product produced by type, amount, process or processes and rate of production; (9) Type and amount of raw materials processed (average and maximum per day); (10) The number and type of employees, and hours of operation, and proposed or actual hours of operation of the pretreatment system; (11) Whether additional operation and maintenance (O&M) or additional pretreatment is required for the user to meet all applicable federal, state and local standards. If additional pretreatment or O&M will be required to meet the standards, then the industrial user shall indicate the shortest time schedule necessary to accomplish installation or adoption of such additional treatment and O&M. The completion date in this schedule shall not be longer than the compliance date established for the applicable pretreatment standard. The following conditions apply to this schedule: a. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards. Such events include hiring an engineer, completing preliminary plans, completing final plans, commencing construction, completing construction, beginning operation and conducting routine operation. No increment referred to in this subsection shall exceed nine months, nor shall the total compliance period exceed 18 months; and b. No later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the director including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and if appropriate, the steps being taken by the user to return to the established schedule. In no event shall more than nine months elapse between such progress reports to the director; (12) Any other information as may be deemed by the director to be necessary to evaluate the permit application; (13) All plans required must be certified for accuracy by a professional engineer registered in the state unless otherwise accepted by the director; and Page 19 (14) A statement, reviewed by an authorized representative of the industrial user, as defined in this article, and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional O&M and additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements. (Code 1967, § 34-58(1) (14),(17); Ord. No. 6191, § 8,3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-253. - Contents. A wastewater discharge permit issued under this division shall contain the following: (1) A statement of duration (in no case more than three years); (2) A statement of nontransferability without, at a minimum, prior notification to the POTW and provision of a copy of the existing control mechanism to the new owner or operator; (3) The effluent limits based on applicable general pretreatment standards in 40 CFR 403, categorical pretreatment standards, local limits and state and local law; (4) Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency and sample type, based on the applicable general pretreatment standards in 40 CFR 403, categorical pretreatment standards, local limits and state and local law; (5) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedules may not extend the compliance date beyond applicable federal deadlines; (6) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization; (7) Requirements for installation and maintenance of inspection and sampling facilities. Where the installation of a sampling facility is required, the industrial user shall have 90 days to install it from the date of the issuance of their permit; (8) Compliance schedules; (9) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city, and affording city access thereto; (10) Requirements for notification of the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system; and (11) Other conditions as deemed appropriate by the city to ensure compliance with this article. (Code 1967, § 34-58(18); Ord. No. 6191, § 8, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-254. - Issuance. The director will evaluate the data furnished by the industrial user on the wastewater permit application and may require additional information. After evaluation of the data furnished, the director may issue a permit subject to terms and conditions provided therein. (Code 1967, § 34-58(15); Ord. No. 6191, § 8, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-255. - Appeals. Page 20 (a) Except as provided in sections 98-197 and 98-198, the director shall give ten days' prior notice to any person whose utilities are to be terminated pursuant to this article. Any such notice shall specify the reasons for the proposed termination and inform the affected person of the appeal procedure provided in this section. If, within such ten-day period, the director receives notice that such person requests a hearing, the effective date of the termination shall be automatically delayed at least until the date set by the director for a hearing. The director shall select a hearing date, giving the person appealing the decision at least three days' notice thereof. (b) Any person whose application for a permit is denied, whose permit is suspended or revoked pursuant to this article or whose service is being terminated shall be given notice thereof. Any such notice shall specify the reasons for this decision and inform the affected person of the appeal procedure provided in this section. If any such affected person desires a hearing, he shall file a notice of appeal with the director no later than ten days after his receipt of the director's official notice of decision. (c) The director shall establish rules not inconsistent with this division governing hearing procedures. (d) The director shall appoint a qualified individual, who was not involved in the original decision to deny the permit, to serve as hearings examiner to hear appeals. The hearings examiner shall be authorized to affirm, deny or modify the director's initial decision. (e) The hearings examiner may, in lieu of termination of service, require any or all of the following: (1) Penalties not to exceed $2,000.00 per day; (2) Special permit conditions; (3) Mandatory compliance schedules; or (4) Any other action which he deems just and equitable. (f) The city may immediately terminate water/wastewater service and provide a hearing as described in this section within three days of initial termination, if the director determines that a discharge from an industrial user presents an imminent threat that: (1) The health of city employees or the public will be endangered; or (2) A likelihood that the city's treatment plant permit parameters, including sludge, will be violated, (g) To be effective under this section, a notice shall be in writing and either: (1) Delivered in person to the person or his agent entitled to receive such notice; or (2) Sent by United States certified mail, return receipt requested, to the person or his agent entitled to receive notice. (Code 1967, § 34-58(19); Ord. No. 6191, § 8, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-256. - Modifications. Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit to a user subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standard. Where a user, subject to national categorical pretreatment standards, has not previously submitted an application for a permit as required by the act, the user shall apply for a permit within 180 days after the promulgation of the applicable national pretreatment standard. In addition, the user with an existing permit shall submit to the director within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by 40 CFR 403.12. The director shall notify all industrial users of the existence of requirements under sections 204(b) and 405 of the act and subtitles C and D of the Resource Conservation and Recovery Act. Page 21 (Code 1967, § 34-58(20); Ord. No. 6191, § 8, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-257. - Transferability. A wastewater discharge permit is issued to a specific user for a specific operation at a specific location. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, a new user, a different premises or a new or changed operation without the approval of the director. (Code 1967, § 34-58(21); Ord. No. 6191, § 8, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-258. - Revocation. (a) The director is authorized to suspend or revoke any permit issued under this division and terminate service at any time that the permittee: (1) Violates any section of any city ordinance pertaining to sewage disposal into the city sewers; or (2) Discharges waste in a quantity or a quality violating the provisions of the permit or otherwise prohibited by the article or other related city ordinances. (b) If a permittee violates any conditions of its permit, the permittee shall submit written notice to the director within 15 days of such violation outlining the steps which will be taken to effectuate correction of such violation. The violation shall be corrected within 30 days after the occurrence of such violation, unless a different time schedule for correction is approved by the director. (c) If the director discovers a violation of a permit condition, the director will give written notice of such violation to the permittee, and the permittee shall, within 15 days after receipt of such notice, furnish the director in writing the proposed action which will be taken to effectuate correction of such violation. (Code 1967, § 34-58(22); Ord. No. 6191, § 8, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-259. - Reissuance. The user shall apply for reissuance of a wastewater discharge permit by submitting a complete permit application a minimum of 90 days prior to the expiration of the user's existing permit. (Code 1967, § 34-58(23); Ord. No. 6191, § 8,3-26-92; Ord. No. 8118, § 1, 10-23-97) Secs. 98-260-98-285. - Reserved. DIVISION 4. - USER CHARGES AND AGREEMENTS Sec. 98-286. - Payment and agreement required (a) A person making discharges of industrial waste where the discharge contains excessive loadings of BOD or TSS shall pay a user charge to cover the cost of collection and treatment. (b) When discharges of industrial waste are approved by the city, the city shall enter into an agreement or arrangement providing: (1) The terms of acceptance by the city; and Page 22 (2) Payment by the person making the discharge - (Code 1967, § 34-27; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97) Sec. 98-287. - User charge and added costs. (a) If the volume or character of the waste to be treated by the city does not cause overloading to sewage collection, treatment or disposal facilities of the city, prior to approval, the city and the person making the discharge shall enter into an agreement which provides that the discharger pay an industrial waste charge to be determined from a current analysis on the discharger's wastewater and the unit cost calculated by the city. If the BOD and TSS cannot be maintained in compliance with normal domestic wastewater, the city may impose an appropriate user charge. (b) If the volume or character of the waste to be treated by the city requires that wastewater collection, treatment or other disposal facilities of the city be improved, expanded or enlarged in order to treat the waste, prior to approval, the city and the person making the discharge shall enter into an agreement which provides that the discharger pay in full all added costs the city may incur due to acceptance of the waste. (c) The agreement entered into pursuant to subsection (b) of this section shall include, but not be limited to: (1) Amortization of all capital outlay for collecting and treating the waste, including new capital outlay and the proportionate part of the value of the existing system used in handling and treating the waste; (2) O&M, including salaries and wages, power costs, costs of chemicals and supplies, proper allowances for maintenance, depreciation, overhead and office expense. (d) Amortization shall be completed in a 30 -year period and payment shall include all debt service costs. (Code 1967, § 34-30; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97) Sec. 98-288. - User charge agreements. (a) Under this division, user charges shall be calculated by the following formula with the city's unit cost being assessed after testing has been done: BOD + TSS User charge = ( 250 250 ] X (0&M cost) X (Volume) i Where: BOD Represents the biochemical oxygen demand in mg/I of the industrial waste. Note: For concentrations less than or equal to 250 mg/I, the value of BOD shall be considered zero. _f TSS Represents the biochemical oxygen demand in mg/I of the industrial waste. Note: For I concentrations less than or equal to 250 mg/I, the value of TSS shall be considered zero. Page 23 O&M Represents operations and maintenance cost of the city's sewer works. Note: The operations cost and maintenance cost as determined by the city shall be periodically updated. Volume Represents volume discharged in thousand gallons. y +i (b) The volume of waste shall be determined by the same methods used to calculate the normal sewer service charge or by a sewage flow meter that has been approved by the city and purchased, installed and maintained by the permittee. (c) All flow rates, BOD and TSS values used in determination of the surcharges contemplated in this division shall be reevaluated at least annually. (Ord. No. 8118, § 1, 10-23-97) Sec. 98-289. - Adjustment of charges. (a) The city shall adjust sewer user charges at least annually to reflect changes in the characteristics of wastewater based on the results of sampling and testing. (b) Increases in charges shall continue for 12 billing periods unless subsequent tests determine that the charge should be adjusted. (c) The city shall review at least annually the basis for determining charges and shall adjust the unit cost in the formula to reflect increases or decreases in wastewater treatment and collection costs based on the previous year's experience. (d) The city shall bill the discharger by the month and shall show industrial waste charges as a separate item on the regular bill for water and sewer charges. The discharger shall pay monthly in accordance with practices existing for payment of sewer charges. (Code 1967, § 34-32; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97) Sec. 98-290. - Failure to pay. In addition to sanctions provided for by this article, the city is entitled to take any action as provided for by this Code and other city ordinance for failure to pay the bill for water and sanitary sewer service when due. (Code 1967, § 34-38; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97) Secs. 98-291-98-315. - Reserved. DIVISION 5. - DISCHARGE PROHIBITIONS AND LIMITATIONS Sec. 98-316. - Prohibited discharges. Page 24 Under this article, a user shall not introduce into a POTW any pollutant that may cause pass through or interference. The general prohibitions and the specific prohibitions in section 98-317 apply to each user introducing pollutants into a POTW whether or not the user is subject to other national pretreatment standards or any national, state or local pretreatment requirements. (Code 1967, §§ 34-12, 34-53(a); Ord. No. 1765, § 1, 3-13-75; Ord. No. 6191, § 3, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-317. - Specific prohibitions. In addition to the general prohibited discharges specified in section 98-316, the following pollutants shall not be introduced into a POTW: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Celsius using the test methods specified in 40 CFR 261.21; (2) Pollutants which will cause corrosive structural damage to the POTW, but in no case discharges pH lower than 5.0, unless the works are specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which may, in the opinion of the director, cause obstruction to the flow in the POTW resulting in interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which may, in the opinion of the director, cause interference with the POTW; (5) Liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius) or any substance with heat in amounts which may, in the opinion of the director, inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW exceeds 40 degrees Celsius (104 degrees Fahrenheit) unless the administrator, upon request of the POTW, approves the alternate temperature limit; (6) Petroleum oil, or petroleum oil products, nonbiodegradable cutting oil or products of mineral oil origin in amounts that may, in the opinion of the director, cause interference or pass through; (7) Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems; (8) Any industrial or domestic waste or wastewater from any tank truck or vehicle into any sewer, manway, manhole, street or public sewage treatment plant within the city without written authorization from the director. (Code 1967, § 34-53(b); Ord. No. 6191, § 3, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-318. - Federal categorical pretreatment. National pretreatment standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged to a POTW by existing or new industrial users in specific industrial subcategories will be established as separate regulations under the applicable subpart of 40 CFR chapter I, subchapter N. These standards, unless specifically noted otherwise, shall be in addition to all applicable pretreatment standards and requirements. (Code 1967, § 34-53(c)(1); Ord. No. 6191, § 3, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-319. - Local limits. Page 25 (a) Pursuant to 40 CFR 403.8, each POTW shall develop and enforce specific limits to implement the prohibitions listed in subsections 98-320(a) and (c). The local limits in this section are based on the most restrictive uniform allocation method from all three of the city's POTWs. These local limits shall continue to be developed and reevaluated as necessary and the POTW will effectively enforce such limits. (b) Where specific prohibitions or limits on pollutants or pollutant parameters are developed by a POTW in accordance with this division, such limits shall be deemed pretreatment standards for the purposes of section 307(d) of the act. Such limits shall apply at the last discharge point from the industrial user prior to discharging into the city's sewer system. (Code 1967, § 34-53(c)(2); Ord. No. 6191, § 3, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-320. - Specific pollutant limitations. (a) Maximum concentrations of heavy metals . Under this article, the maximum allowable concentrations of heavy metals stated in terms of milligrams per liter (mg/1), determined on the basis of individual sampling in accordance with 40 CFR Part 136 are as follows: (1) Arsenic, 1.39 mg/I; (2) Barium, 56.80 mg/l; (3) Cadmium, 3.34 mg/I; (4) Chromium, 15.41 mg/I; (5) Copper, 2.49 mg/l (6) Cyanide, 0.11 mg/I; (7) Lead, 6.39 mg/I; (8) Mercury, 0.03 mg/I; (9) Nickel, 3.79 mg/1; (10) Silver, 0.48 mg/I; and (11) Zinc, 3.50 mg/l. (b) Permit for other heavy metals or toxic pollutants. No other heavy metals or toxic pollutants may be discharged into public sewers without a permit from the city specifying conditions of pretreatment, concentrations, volumes and other applicable provisions. (c) Prohibited heavy metals and toxic materials. Prohibited heavy metals and toxic materials include, but are not limited to, the following: (1) Antimony; (2) Beryllium; (3) Bismuth; (4) Cobalt; (5) Molybdenum; (6) Tin; (7) Uranyl ion; (8) Rhenium; (9) Strontium; Page 26 (10) Tellurium; (11) Herbicides; (12) Fungicides; and (13) Pesticides. (d) Prohibited discharges. No person may discharge to public sewers any waste which by itself or by interaction with other wastes may: (1) Injure or interfere with wastewater treatment processes or facilities; (2) Constitute a hazard to humans or animals; or (3) Create a hazard in receiving waters of the POTW effluent. (e) Chemical discharges. (1) No discharge to public sewers may contain: a. Chlorides in concentrations of such an amount as to cause pass through or interference with the sanitary sewer system; b. Gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas; c. Substances causing an excessive chemical oxygen demand; or d. Fluoride other than that contained in the public water supply. (2) No waste or wastewater discharged to public waters may contain: a. Strong acid, iron pickling wastes or concentrated plating solutions, whether neutralized or not; b. Fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/1 or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (0 and 65 degrees Celsius); c. No waste, wastewater or other substance may be discharged into public sewers which has a pH lower than 5.0 or higher than 9.0 or any other corrosive property capable of causing damage or hazard to structures, equipment and personnel at the wastewater facilities. The limits set forth in this subsection may be altered in a permit properly issued pursuant to this article; d. All waste, wastewater or other substance containing phenols, hydrogen sulfide or other taste- and odor -producing substances shall conform to concentration limits established by the city. After treatment of the composite wastewater, concentration limits may not exceed the requirements established by state, federal or other agencies with jurisdiction over discharges to receiving waters. (f) Garbage. (1) No person may discharge garbage into public sewers unless it is shredded to a degree that all particles can be carried freely under the flow conditions normally prevailing in public sewers. Particles greater than one-half inch in any dimension are prohibited. (2) The city is entitled to review and approve the installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater. (g) Stormwater and other unpolluted drainage. No person shall discharge, or cause to be discharged, any stormwater, groundwater, roof runoff, subsurface drainage, downspouts, yard drains, yard fountains and ponds or lawn sprays into any sanitary sewer. Water from swimming pools, unpolluted industrial water, such as boiler drains, blowoff pipes or cooling water from various equipment, shall not be discharged into sanitary sewers without a permit issued through this article by the city. With a permit, it may be discharged into the sanitary sewer by an indirect connection whereby such Page 27 discharge is cooled, if required, and flows into the sanitary sewer at a rate not in excess of three gallons per minute; provided, that the waste does not contain materials or substances in suspension or solution in violation of the limits prescribed by this article. (h) Temperature. No person may discharge liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius), or any substance that causes the temperature of the total wastewater treatment plant influent to increase at a rate of ten degrees Fahrenheit or more per hour, or a combined total increase of plant influent temperature to 110 degrees Fahrenheit. (i) Radioactive wastes. (1) No person may discharge radioactive wastes or isotopes into public sewers without the permission of the city. (2) The city may establish, in compliance with applicable state and federal regulations, regulations for discharge of radioactive wastes into public sewers. (j) Concentrations of dissolved solids. Materials that exert or cause concentrations of dissolved solids to be discharged in such concentrations as to cause pass through or interference with the sanitary sewer system. (k) Discoloration. A prohibited discharge includes materials with excessive discoloration, including, but not limited to, the following: (1) Dye wastes; and (2) Vegetable tanning solutions. (1) Excessive BOD, COD or chlorine. No person shall discharge BOD, COD or chlorine demand in excess of normal plant capacity. (m) Other prohibitions. No person may discharge into public sewers any substance that may: (1) Deposit grease or oil in the sewer lines in such a manner as to clog the sewers; (2) Overload skimming and grease handling equipment; (3) Pass to the receiving waters without being effectively treated by normal wastewater treatment processes due to the nonamenability of the substance to bacterial action; or (4) Deleteriously affect the treatment process due to excessive quantities. (n) Treatment amenability. No person may discharge any substance into public sewers that: (1) Is not amenable to treatment or reduction by the processes and facilities employed; or (2) Is amenable to treatment only to such a degree that the treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. (o) Solid or viscous substances. No person may discharge into public sewers solid or viscous substances which may violate section 98-316 if present in sufficient quantity or size, including, but not limited to: (1) Ashes; (2) Cinders; (3) Sand; (4) Mud; (5) Straw; (6) Shavings; (7) Metal; (8) Glass; Page 28 (9) Rags; (10) Feathers; (11) Tar; (12) Plastics; (13) Wood; (14) Unground garbage; (15) Whole blood; (16) Paunch manure; (17) Hair and fleshings; (18) Entrails; (19) Paper products; either whole or ground by garbage grinders; (20) Slops; (21) Chemical residues; (22) Paint residues; and (23) Bulk solids. (Code 1967, §§ 34-13-34-19, 34-53(d); Ord. No. 1765, § 1, 3-13-75; Ord. No. 6191, § 3, 3-26- 92; Ord. No. 8118, § 1, 10-23-97; Ord. No. 10,322, § 7, 5-11-06) Sec. 98-321. - Pretreatment required. A person or owners discharging industrial wastes that exhibit any of the prohibited wastes set out in the specific pollutant limitations in this article shall pretreat or otherwise dispose of such industrial waste to make the remaining waste acceptable to the city water utilities. (Ord. No. 8118, § 1, 10-23-97) Sec. 98-322. - Excessive BOD and TSS. A person or owner discharging industrial wastes that exhibit none of the characteristics of wastes whose discharge is prohibited by this article or other applicable local, state or federal regulation, other than TSS and BOD in excess of normal domestic wastewater, as defined in this article, shall be required to pretreat the industrial wastes to meet the required levels of normal domestic wastewater or entered into a user charge agreement as provided in division 4 of this article. Such nonprohibited wastes may be accepted for treatment if. (1) The waste will not cause damage to the public sewers or be in violation of this article as prohibited discharges; (2) The waste will not impair the treatment process; and (3) The donor of the waste enters into a contractual and permit agreement as set forth in this article. (Ord. No. 8118, § 1, 10-23-97) Sec. 98-323. - City's right of revision. Page 29 The city reserves the right to establish by ordinance more stringent limitations or requirements on discharge to the wastewater disposal system if deemed necessary to comply with the objectives presented in this article or to secure any other objectives within the police powers of the city (Code 1967, § 34-53(e); Ord. No. 6191, § 3, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-324. - Dilution prohibited. Except where authorized to do so by an applicable pretreatment standard or requirement, no industrial user shall ever increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement. The director may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations is appropriate. (Code 1967, § 34-53(fl; Ord. No. 6191, § 3, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Secs. 98-325-98-350. - Reserved. DIVISION 6. - REPORTING AND SAMPLING Sec. 98-351. - Baseline monitoring reports. Within 180 days after the effective date of a categorical pretreatment standard, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to the city POTW shall be required to submit to the director a report which contains the information listed in the following sections. Where reports containing this information already have been submitted to the director of EPA, region 6, in compliance with the requirement of 40 CFR 128.140(b) (1977), the industrial user will not be required to submit this information again. At least 90 days prior to commencement of discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the director a report which contains the information listed in subsections (1) through (5) of this section. New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources shall give estimates of the information requested in subsections (4) and (5) of this section. The information required is as follows: (1) Identifying information. The user shall submit the name and address of the facility including the name of the operator and owner; (2) Permits. The user shall submit a list of any environmental control permits held by or for the facility; (3) Description of operations. The user shall submit a brief description of the nature, average rate of production and standard industrial classification of the operation carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes; (4) Flow measurement. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following: a. Regulated process streams; and b. Other streams as necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e). Page 30 The director may allow for verified estimates of these flows where justified by cost or feasibility considerations. Such estimates shall be verified by a certified professional engineer; (5) Measurement of pollutants: a. The user shall identify the pretreatment standards applicable to each regulated process b. In addition, the user shall submit the results of sampling and analysis, identifying the nature and concentration or mass, where required by standard or director, of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration or mass, where required, shall be reported. The sample shall be representative of daily operations; c. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organics. For all other pollutants, 24-hour composite samples must be obtained through flow -proportional composite sampling techniques where feasible. The director may waive flow -proportional composite sampling for any industrial user that demonstrates that flow -proportional sampling is not feasible due to the nature of the operation. In such cases, samples may be obtained through time -proportional composite sampling techniques or through a minimum of four grab samples where the user demonstrates to a reasonable certainty that this will provide a representative sample of the effluent being discharged; d. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection; e. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e) in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e), this adjusted limit along with supporting data shall be submitted to the director; f. Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR 136 and amendments thereto. Where 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, or where the administrator determines that the 40 CFR 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using methodology approved by the administrator; g. The director may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures; h. The baseline report shall indicate the time, date and place of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW; (6) Certification. A statement shall be submitted and reviewed by an authorized representative of the industrial user, as defined in this article, and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional O&M or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements; and (7) Sampling and analysis. All sampling and analysis required by this division shall be performed by an independent laboratory that has been approved by the director. All costs of such sampling and analysis shall be borne by the user. (Code 1967, § 34-59(a); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Page 31 Sec. 98-352. - Authority to establish compliance schedules If additional pretreatment or O&M will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment or O&M is required. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to the schedule required by this section: (1) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet applicable categorical pretreatment standards, including, but not limited to, hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc. No increment referred to in this subsection shall exceed nine months; and (2) Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the director including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the director. (Code 1967, § 34-59(b); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-353. - Report on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or for a new source following commencement of the introduction of wastewater into the POTW, any industrial user subject to pretreatment standards and requirements shall submit to the director a report containing the information described in subsections 98-351(1) through (6). For industrial users subject to equivalent mass or concentration limits established by the director in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a measure of the user's long-term production rate based on a production period of at least 30 days. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production or other measure of operation, this report shall include the user's actual production during the appropriate sampling period. (Code 1967, § 34-59(c); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-354. - Categorical industrial user periodic compliance reports. Any industrial user subject to a categorical pretreatment standard, after the compliance date of such pretreatment standard, or, for a new source, after commencement of the discharge into the POTW, shall submit to the director during the months of June and December, unless required more frequently in the pretreatment standard or by the director or the administrator, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge reported in section 98-351(4), except that the director may require more detailed reporting of flows. At the discretion of the director and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the director may agree to alter the months during which the above reports are to be submitted. (Code 1967, § 34-59(d); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Page 32 Sec. 98-355. - Noncategorical significant industrial user compliance reports. (a) The director shall require appropriate reporting from those industrial users with discharges that are not subject to categorical pretreatment standards. Noncategorical significant industrial users shall submit to the director at least once every six months on dates specified by the director a description of the nature, concentration and flow of the pollutants required to be reported by the director. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described in 40 CFR 136 and amendments thereto. (b) This sampling and analysis may be performed by the director in lieu of the significant industrial user. Where the POTW itself collects all the information required for the report, the noncategorical significant industrial user will not be required to submit this report. (Code 1967, § 34-59(c); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-356. - Report due dates and requirements for sampling to be performed during reporting period. (a) The reports required in sections 98-353 through 98-355 shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass, where requested by the director, of pollutants contained therein which are limited by the applicable pretreatment standards. (b) The reports required in sections 98-353 through 98-355 shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data is representative of conditions occurring during the reporting period. The director shall require that frequency of monitoring necessary to assess and ensure compliance by industrial users with applicable pretreatment standards and requirements. (Code 1967, § 34-59(f); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-357. - Inspection and sampling of industrial users by POTW at least once per year. (a) Under this article, the POTW shall: (1) Randomly sample and analyze the effluent from industrial users and conduct surveillance activities in order to identify, independent of information supplied by industrial users, occasional and continuing noncompliance with pretreatment standards; (2) Inspect and sample the effluent from each significant industrial user at least once a year. Such inspection and sampling and analysis thereof shall be performed on behalf of the POTW by an independent laboratory at the request of the director. All costs of such inspection, sampling and analysis shall be borne by the user; and (3) Evaluate, at least once every two years, whether each such significant industrial user needs a plan to control slug discharges. For purposes of this subsection, a slug discharge is any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge. (b) The results of such activities shall be available to the administrator upon request. (Code 1967, § 34-59(g); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-358. - Self-monitoring requirements for significant industrial users. Page 33 The reports required in section 98-355 shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration or production and mass where requested by the director of pollutants contained therein that are limited by the applicable pretreatment standards (Code 1967, § 34-59(h); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-359. - Certification statements. Under this article, all reports and/or permit applications submitted by categorical and/or significant industrial users to the city must include the certification as stated in subsection 98-2510). (Code 1967, § 34-59(i); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97; Ord. No. 10,322, § 8, 5-11-06) Sec. 98-360. - Notification of changed discharge. Every industrial user shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in his discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p). (Code 1967, § 34-590); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-361. - Notice of potential problems, including slug loading. Every categorical and noncategorical industrial user shall notify the POTW immediately of all discharges that could cause any difficulties in meeting the objectives of this article, including any slug loadings, as defined in Section 98-126 of this Code and 40 CFR § 403.5(b), by the industrial user. (Code 1967, § 34-59(k); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97; Ord. No. 10,322, § 9, 5-11-06) Sec. 98-362. - Reports required for nonsignificant/minor users. (a) Effect of permit endorsement. Under this article, a permit endorsement is issued to an industrial user that certifies no industrial wastewater is discharged to the city's sanitary sewer. The permit is issued based on that certification. (b) Noncategorical industrial users. All industrial users not identified as categorical industrial users under 40 CFR 403.6 and 40 CFR chapter I, subsection N must maintain a written log of all waste material that goes to an offsite disposal facility. The log shall be available for inspection by the industrial wastewater service for a minimum of three years after the waste material has left the user's facility. If any process changes, including discharging wastewater from any new or existing process to the sanitary sewer, application must be made at least 30 days prior to the proposed change. (c) Categorical industrial users. (1) All industrial users subject to federal categorical pretreatment regulations are required to submit semiannual compliance reports. During the months of June and December, it is required that a report be submitted to the director with a certification that no regulated wastestreams were discharged to the sanitary sewer during the preceding six-month reporting period. (2) If any person plans to begin discharging industrial waste from any regulated process operation to the city's sanitary sewer system, it is a requirement of 40 CFR 403.12(b) that existing sources that become indirect dischargers after the promulgation of an applicable categorical Page 34 pretreatment standard must submit a baseline monitoring report to the director at least 90 days prior to the commencement of discharges to the POTW. The report must provide information on the method of pretreatment the user proposes to meet applicable standards. For new sources. the industrial user may provide estimates of the production, flow and the quality and presence of regulated pollutants in its wastestream. (3) All industrial users subject to federal categorical pretreatment regulations must maintain a written log of all waste material that goes to an off-site disposal facility. The log shall be available for inspection by the industrial wastewater service for a minimum of three years after the waste material has left the user's facility. (Code 1967, § 34-59(1); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-363. - Notification of violation. (a) If sampling performed by an industrial user indicates a violation of the applicable pretreatment standards, the user shall notify the director within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the director within 30 days after becoming aware of the violation, except the industrial user is not required to resample if the director performs sampling of the industrial user: (1) At a frequency of at least once per month; or (2) Between the time when the user performs its initial sampling and the time when the user receives the results of this sampling. (b) Any repeat sampling and analysis required by this section shall be performed by an independent laboratory acceptable to the director. All costs of such repeat sampling and analysis shall be borne by the user. (Code 1967, § 34-59(m); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-364. - Analytical requirements. Under this division, sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR 136 and amendments thereto. Where 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, or where the administrator determines that the 40 CFR 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the administrator. (Code 1967, § 34-59(n); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-365. - Method of sample collection. (a) Sampling of the effluent of waste discharges may be accomplished manually or by use of mechanical equipment to obtain a composite sample which would be representative of the total effluent. Samples shall be taken at six-month intervals to establish the BOD and suspended solids of the industrial waste or at such intervals as determined by the director as necessary to maintain a control over the discharges from the permittee. The method used in the examination of all industrial wastes to determine BOD, TSS, chlorine demand and prohibited wastes shall be as set forth in 40 CFR 136. (b) Subsection (a) of this section is not applicable in connection with the following: Page 35 (1) A permit application; (2) A demonstration of compliance after violations of any discharge standard; or (3) Permit requirements of a permittee which specify sampling frequency. Tests made on representative samples collected by the director shall be made at such intervals as the director may designate, so long as samples are taken not less than on an annual basis. (c) Samples may be taken and tests made at the director's option without notice to the permittee, and such test results made by the director shall fix the applicable user charge established in this article. However, with regard to establishment of user charges, a permittee may request in writing for permission to conduct self-monitoring by an independent laboratory approved by the director. Such request must be approved in writing by the director. If approved by the director, all costs of such composite sampling and analyses shall be borne by the permittee. The director's approval of sampling analyses performed by an independent laboratory does not prevent representatives of the department from taking additional samples at its option without notice to the permittee. The director may use the self-monitoring results in determining the user charge. (d) Written notice from the director approving sampling and analyses by an independent laboratory to establish user charges under this article may be canceled by the director by giving written notice of such cancellation to the permittee. (e) Sampling shall be conducted according to methods acceptable to the director. If, after receiving the permit application, the director determines the operations or characteristics of the producer's industrial waste discharge require composite sampling, the director may require same, which shall be provided by the producer on the basis of an average workday. Otherwise, the analysis will be made on the basis of grab samples. The discharge parameter values for which reports are required must be determined by one of the standard analytical test procedures incorporated by reference, and described in, 40 CFR 136.3, tables IA, IB, IC, ID and IE, or by an alternate test procedure that has been approved by the director under the provisions of 40 CFR 136.4 and 136.5. Under certain circumstances, 40 CFR 136.3(b) or (c), or 40 CFR 401.13, other test procedures may be used that may be more advantageous when such other test procedures have been previously approved by the administrator, and providing the director does not object to the use of such alternate test procedure. (f) Under certain circumstances, the administrator may approve, upon recommendation by the director of the Environmental Monitoring and Support Laboratory, Cincinnati, Ohio, additional/alternate test procedures for nationwide use. (g) Sample preservation procedures, container materials and maximum allowable holding times for parameters cited in tables IA, IB, IC, ID and IE of 40 CFR 136.3 are prescribed in table II, 40 CFR 136.3. Any person may apply for a variance from the prescribed preservation techniques, container materials and maximum holding times applicable to samples taken from a specific discharge. Application for variances must be made in writing to the administrator. Sufficient data should be provided to assure such variance does not adversely affect the integrity of the sample. Such data will be forwarded by the regional administrator to the director of the Environmental Monitoring and Support Laboratory in Cincinnati, Ohio, for technical review and recommendations for action on the variance application. Upon receipt of the recommendations from the director of the Environmental Monitoring and Support Laboratory, the administrator may approve a variance applicable to the specific discharge by the applicant. A decision to approve or deny approval of a variance will be made within 90 days of receipt of the application by the administrator. Upon approval by the administrator, the applicant may then present the request for the variance to the city council. (Code 1967, § 34-59(o); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-366. - Recordkeeping. Page 36 (a) Any industrial user and POTW subject to the reporting requirements established in this article shall maintain records of all information resulting from any monitoring activities required by this division. Such records shall include the following for all samples: (1) The date, exact place, method and time of sampling and the name of the person taking the sample; (2) The dates that the analyses were performed; (3) Who performed the analyses; (4) The analytical techniques/methods used; and (5) The results of such analyses. (b) Any industrial user or POTW subject to the reporting requirements established in this division shall be required to retain for a minimum of three years any records of monitoring activities and results, whether or not such monitoring activities are required by this division, and shall make such records available for inspection and copying by the director and the administrator and POTW for an industrial user. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or POTW or when requested by the director or the administrator. (Code 1967, § 34-59(p); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-367. - Fraud and false statements. The reports and other documents required to be submitted or maintained under the division shall be subject to: (1) The provisions of 18 USC chapter 1001 relating to fraud and false statements; (2) 40 CFR 309(c)(4) of the act, as amended, governing false statements, representation or certification; and (3) 40 CFR 309(c)(6) regarding responsible corporate officers. (Code 1967, § 34-59(q); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Secs. 98-368-98-395. - Reserved. DIVISION 7. - COMPLIANCE MONITORING Sec. 98-396. - Inspection and sampling. The POTW shall carry out all inspection, surveillance and monitoring procedures necessary to determine, independent of information supplied by industrial users, compliance or noncompliance with applicable pretreatment standards and requirements by industrial users. Representatives of the POTW shall be authorized to enter any premises of any industrial user in which a discharge source or treatment system is located or in which records are required to be kept under 40 CFR 403.12(m) to assure compliance with pretreatment standards. Such authority shall be at least as extensive as the authority provided under section 308 of the act. (Code 1967, § 34-60(a); Ord. No. 6191, § 10, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-397. - Right of entry. Page 37 A person or occupant of premises where wastewater is created or discharged shall allow the city or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of his duties. (Code 1967, § 34-60(b); Ord. No. 6191, § 10, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-398. - Inspection for compliance. Under this article, the director, state and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that, upon presentation of suitable identification, personnel from the city, state and EPA will be permitted to enter, without unnecessary delay, for the purposes of performing their specific responsibilities. (Code 1967, § 34-60(c); Ord. No. 6191, § 10, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-399. - Independent samples. The director may select an independent firm or laboratory to determine flow and any necessary parameter limit testing required under this article. All costs of such sampling and analysis shall be borne by the user. (Code 1967, § 34-60(d); Ord. No. 6191, § 10, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-400. - Installation of monitoring equipment (a) Under this article, the director may require to be provided and operated, at the user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the director may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. (b) There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. (c) Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction standards and specifications. Plans for construction of the control manholes or inspection chambers, including such flow -measuring devices as may be required, shall be included with the industrial wastewater discharge application. (Code 1967, § 34-60(e); Ord. No. 6191, § 10, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-401. - Inspection and copying of records. Any industrial user or POTW subject to the reporting requirements established in 40 CFR 403 shall be required to retain for a minimum of three years any records of discharge monitoring activities and results, whether or not such monitoring activities are required by this article, and shall make such records available for inspection and copying by the director and the administrator and POTW, for an industrial Page 38 user. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or POTW or when requested by the director or the administrator. (Code 1967, § 34-60(f); Ord. No. 6191, § 10, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-402. - Search warrants. (a) If the director has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this division, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this division or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then director may seek issuance of a search warrant from a magistrate. (b) A search warrant may not be issued under this article except upon the presentation of evidence of probable cause to believe that a fire or health hazard or violation or unsafe building condition is present in the premises sought to be inspected. (c) In determining probable cause, the magistrate is not limited to evidence of specific knowledge, but may consider any of the following: (1) The age and general condition of the premises; (2) Previous violations or hazards found present in the premises; (3) The type of premises; (4) The purposes for which the premises is used; and (5) The presence of hazards or violations in and the general condition of premises near the premises sought to be inspected. (d) The city may designate one code enforcement official for the purpose of being issued a search warrant as authorized by subsection (a) of this section. (Code 1967, § 34-60(g); Ord. No. 6191, § 10, 3-26-92; Ord. No. 8118, § 1, 10-23-97; Ord. No. 10,322, § 10, 5-11-06) Secs. 98-403-98-430. - Reserved. DIVISION 8. - ACCIDENTAL DISCHARGES Sec. 98-431. - Pretreatment facilities. Every industrial user shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in this article, within the time limitations specified by the EPA, the state or the director, whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the director shall be provided, operated and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the director for review, and shall be acceptable to the director before construction of the facility. The review of such plans and operating procedures will in no way relieve the industrial user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the city under this article. (Code 1967, § 34-54(a); Ord. No. 6191, § 4,3-26-92; Ord. No. 8118, § 1, 10-23-97) Page 39 Sec. 98-432. - Policy. Each user under this article shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the director for review, and shall be approved by the director before construction of the facility. All existing users shall complete such plans within 180 days from the effective date of the ordinance from which this article derives. No user who commences contribution to the POTW after the effective date of the ordinance from which article derives shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the director. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this article. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions. (Code 1967, § 34-54(b); Ord. No. 6191, § 4, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-433. - Written notice. Within five days following an accidental discharge as provided in this division, the user shall submit to the director a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this article or other applicable law. (Code 1967, § 34-54(c); Ord. No. 6191, § 4, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-434. - Notice to employees. Under this division, the employer shall ensure that all appropriate employees be advised of notification procedures to be used in the event of an accidental discharge. (Code 1967, § 34-54(d); Ord. No. 6191, § 4, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-435. - Slug control plan. The city shall evaluate, at least once every two years, whether each such significant industrial user needs a plan to control slug discharges. For purposes of this subsection, a slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge. The results of such activities shall be available to the approval authority upon request. Alternatively, the director may develop such a plan for any industrial user. If the director decides that a slug control plan is needed, the plan shall contain, at a minimum, the following elements: (1) A description of discharge practices, including nonroutine batch discharges; (2) A description of stored chemicals; (3) Procedures for immediately notifying the director of a slug discharge as required by section 98- 433; and (4) Procedures to prevent adverse impact from any spills, including but not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or Page 40 equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response. (Ord. No. 10,322, § 11, 5-11-06) Secs. 98-436-98-469. - Reserved. Sec. 98-126. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Act or the act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq. Approval authority or administrator means the EPA region VI administrator or the director of a National Pollutant Discharge Elimination System (NPDES) delegated state with an approved state pretreatment program or their duly authorized representatives, as defined in 40 CFR 403.3(c). Authorized representative of the industrial user means that the reports required by this section shall include the certification statement as set forth in 40 CFR 403.6(a)(2)(ii), and shall be signed as follows: (1) By a responsible corporate officer, if the industrial user submitting the reports is a corporation. For the purpose of this subsection, a responsible corporate officer means: a. A president, secretary, treasurer or vice-president of the corporation in charge of a principal business function, or any person with similar policy- or decision-making responsibilities for the corporation; or b. The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000.00, in second-quarter 1980 dollars, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) By a general partner or proprietor if the industrial user submitting the reports is a partnership or sole proprietorship, respectively. (3) By a duly authorized representative of the individual designated in subsection (1) or (2) of this definition if: a. The authorization is made in writing by the individual described in subsection (1) or (2) of this definition; b. The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well or wellfield superintendent, or a position of equivalent responsibility for environmental matters for the company; and c. The written authorization is submitted to the director. (4) If an authorization under subsection (3) of this definition is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of subsection (3) of this definition must be submitted to the city prior to or contemporaneously with any reports to be signed by an authorized representative. Biochemical oxygen demand (BOD) means the quantity of oxygen by weight, expressed in mg/l, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five days at a temperature of 20 degrees Celsius. Page 41 Blowdown means the minimum discharge of recirculating water for the purpose of discharging materials contained in the water, the further buildup of which would cause concentration in amounts exceeding limits established by best engineering practices. Building sewer means the extension from the building drain to the public sewer or other place of disposal, also called house lateral and house connection. Chemical oxygen demand (COD) means the measure of the oxygen consuming capacity of inorganic and organic matter present in the water or wastewater expressed in mg/I as the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand. City or individuals representing the city means the City of Baytown, Texas, or any authorized person acting in its behalf. Composite sample means a sampling method that combines discrete aliquots of a sample collected over time, based on the flow of the wastestream being sampled. There are two methods used to collect this type of sample. One method collects a constant sample volume at time intervals which may vary based on the stream flow (e.g., 200 milliliters (ml) sample collected for every 5,000 gallons discharged). The other method collects aliquots of varying volume, based on stream flow, at constant time intervals. Contact cooling water means water used for cooling which comes into contact with raw material, intermediate product, waste product or finished product. Control authority refers to the POTW of the city. Control manhole means a manhole giving access to a building sewer at some point before the building sewer discharge mixes with other discharges in the public sewer. Director means the director of the city public works/utilities department, or his authorized deputy, agent or representative. Disposal garbage means animal and vegetable wastes and residue from preparation, cooking and dispensing of food; and from the handling, processing, storage and sale of food products and produce. Environmental protection agency or EPA means the United States Environmental Protection Agency. Grab sample means an individual sample collected over a period of time not exceeding 15 minutes. Indirect discharge or discharge means the introduction of pollutants into a POTW from any nondomestic source regulated under section 307(b), (c) or (d) of the act. Industrial user (1Q) or user means a source of indirect discharge. Industrial waste means waste resulting from any process of industry, manufacturing, trade or business from the development of any natural resource, disposal garbage or any mixture of the waste with water or normal wastewater, or distinct from normal wastewater. Industrial waste charge or user charge or surcharge means the charge made on those persons who discharge industrial wastes with high loadings over that of normal domestic sewage into the city's sewer system to recover excessive costs for treatment by the city. Interference means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both: (i) inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and (ii) therefore, is a cause of a violation of any requirement of the POTW's TPDES permit, including an increase in the magnitude or duration of a violation, or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued there under, or more stringent state or local regulations, or section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) including Title Il, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act. Maximum allowable discharge limit means the highest allowable discharge. Page 42 Milligrams per liter (mg/l) means the same as parts per million and is a weight -to -volume ratio; the milligram -per -liter value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water. National pretreatment standard, pretreatment standards or standards means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307 (b) and (c) of the act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5. Natural outlet means any outlet into a watercourse, ditch, lake or other body of surface water or groundwater. New source means any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that (i) the building, structure, facility or installation is constructed at a site at which no other source is located; (ii) the building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (iii) the production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsections (i) through (iii) of this definition but otherwise alters, replaces or adds to existing process or production equipment. Construction of a new source has commenced if the owner or operator has: (1) Begun, or caused to begin as part of a continuous on-site construction program: a. Any placement, assembly or installation of facilities or equipment; or b. Significant site preparation work, including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment; or (2) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this subsection. Noncontact cooling water means water used for cooling which does not come into contact with any raw material, intermediate product, waste product or finished product. Nondomestic user means any person who discharges, causes or permits the discharge of wastewater from any facility other than a residential unit. Normal domestic wastewater means wastewater, excluding industrial wastewater, discharged by a person into sanitary sewers and in which the average concentration of total suspended solids is not more than 250 mg/I and BOD is not more than 250 mg/l. Operator means the person responsible for the overall operation of a facility. Overload means the imposition of organic or hydraulic loading on a treatment facility in excess of its engineered design capacity. Owner means the person who owns a facility or part of a facility. Pass through means a discharge which exits the POTW into waters of the United States, or any state, in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's TPDES permit, including an increase, in the magnitude or duration of a violation. Page 43 Person or any individual means and includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity. pH means the logarithm (base 10) of the reciprocal of the hydrogen ion concentration. Pollutant means dredged spoils, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water. It does not mean sewage from vessels; or water, gas or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by authority of the state in which the well is located and if the state determines that the injection or disposal will not result in the degradation of groundwater or surface water resources. Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater prior to or instead of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR 403.6(d). Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with 40 CFR 403.6(e). Pretreatment requirements means any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user. Process wastewater means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct or waste product. Public sewer means pipe or conduit carrying wastewater or unpolluted drainage in which owners of abutting properties shall have the use, subject to control by the city. Publicly -owned treatment works (POTK9 or wastewater treatment plant means a treatment works as defined by section 212 of the act, which is owned by a state or municipality, as defined by section 502(4) of the act. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the municipality, as defined in section 502(4) of the act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works. Sanitary sewer means a public sewer that conveys domestic wastewater or industrial wastes or a combination of both and into which stormwater, surface water, groundwater and other unpolluted wastes are not intentionally passed. Significant industrial user means: (1) All dischargers subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N; and (2) All noncategorical dischargers that, in the opinion of the director, have a reasonable potential to adversely affect the POTW's operation, or that contribute a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant, or that discharge an average of 25,000 gallons per day or more of process wastewater to the POTW. However, the director need not designate as significant any noncategorical industrial user that, in the opinion of the director and with the agreement of the administrator, has no potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. Any noncategorical industrial user designated as Page 44 significant may petition the director to be deleted from the list of significant industrial users on the grounds that it has no potential for adversely affecting the POTW's operation or violating any pretreatment standard or requirement. Slug load or slug means any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or noncustomary batch discharge of water, wastewater or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation. Standard industrial classification (SIC) code means a classification pursuant to the Standard Industrial Classification Manual currently issued by the Executive Office of the President, Office of Management and Budget. The SIC defines industries in accordance with the composition and structure of the economy and covers the entire field of economic activities. Storm sewer means a public sewer that carries stormwater and surface water and drainage and into which domestic wastewater or industrial waste is not intentionally passed. Stormwater means rainfall or any other forms of precipitation. Strong acid means any substance with a pH less than 6.0. Suspended solids or total suspended solids (TSS) means solids measured in mg/I that either float on the surface of or are in suspension in water, wastewater or other liquids and which are largely removable by a laboratory filtration device. To discharge includes to deposit, conduct, drain, emit, throw, run, allow to seep or otherwise release or dispose of, or to allow, permit or suffer any of these acts or omissions. Toxic pollutant means one of 126 pollutants or combination of those pollutants listed as toxic in regulations promulgated by the EPA under the provision of section 307 (33 U.S.C. § 1317) of the act. Trap means a device designed to skim, settle or otherwise remove grease, oil, sand, flammable wastes or other harmful substances. Unpolluted wastewater means water containing: (1) No free or emulsified grease or oil; (2) No acids or alkalis; (3) No phenols or other substances producing taste or odor in receiving water; (4) No toxic or poisonous substances in suspension, colloidal state or solution; (5) No noxious or otherwise obnoxious or odorous gases; (6) Not more than an insignificant amount in mg/I each of suspended solids and BOD, as determined by the state natural resource conservation commission; and (7) Color not exceeding 50 units as measured by the platinum -cobalt method of determination as specified in 40 CFR 136. Waste means rejected, unutilized or superfluous substances in liquid, gaseous or solid form resulting from domestic, agricultural or industrial activities. Wastewater means a combination of the water -carried waste from residences, business buildings, institutions and industrial establishments, together with any groundwater, surface water and stormwater that may be present. Wastewater facilities includes all facilities for collection, pumping, treating and disposing of wastewater and industrial wastes. Watercourse means a natural or manmade channel in which a flow of water occurs, either continuously or intermittently. Page 45 (Code 1967, §§ 34-11, 34-52(a); Ord. No. 1765, § 1, 3-13-75; Ord. No. 6191, § 2, 3-26-92; Ord. No. 6667, § 1, 6-8-93; Ord. No. 8118, § 1, 10-23-97; Ord. No. 10,344, § 2, 5-25-06) Cross reference— Definitions generally, § 1-2. Sec. 98-127. - Abbreviations. As used in this article, the following abbreviations shall have the following meanings: BOD means five-day biochemical oxygen demand. CFR means Code of Federal Regulations. COD means chemical oxygen demand. EPA means U.S. Environmental Protection Agency. mg11 means milligrams per liter. NPDES means National Pollutant Discharge Elimination System. O&M means operation and maintenance. POTW means publicly -owned treatment works. SIC means standard industrial classifications. TCEQ means Texas Commission on Environmental Quality TPDES means Texas Pollutant Discharge Elimination System. TSS means total suspended nonfilterable solids. USC means United States Code. (Code 1967, § 34-52(b); Ord. No. 6191, § 2, 3-26-92; Ord. No. 8118, § 1, 10-23-97; Ord. No. 10,322, § 3, 5-11-06) Sec. 98-128. - Purpose. This article sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the city and enables the city to comply with all applicable state and federal laws required by the Clean Water Act (33 U.S.C. § 1251 et seq.) and the General Pretreatment Regulations (40 CFR 403). (Code 1967, § 34-51(a); Ord. No. 6191, § 1, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-129. - Objectives. (a) The objectives of this article are to: (1) Prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge; (2) Prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system; (3) Improve the opportunity to recycle and reclaim wastewaters and sludges from the system; (4) Provide for equitable distribution of the cost of the municipal wastewater system; Page 46 (5) Ensure that the composition of sludge will allow its use and disposal to be in compliance with all local, state and federal statutes and regulations; (6) Protect the health and welfare of the general public and all the POTW personnel; (7) Enable the city to comply with TPDES permit conditions, sludge use and disposal requirements and any other applicable federal or state law; and (8) Prevent property damage. (b) This article provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customer's capacity will not be preempted and provides for the setting of fees for the equitable distribution of costs resulting from the program established in this article. (Code 1967, § 34-51(b); Ord. No. 6191, § 1, 3-26-92; Ord. No. 8118, § 1, 10-23-97; Ord. No. 10,322, § 4, 5-11-06) Sec. 98-130. -Jurisdiction and enforcement. (a) This article shall apply to the city and to persons and entities outside the city who are, by contract or agreement with the city, users of the city POTW. (b) Except as otherwise provided in this article, the director shall administer, implement and enforce the provisions of this article. (c) The requirements of this article shall apply to all areas within the extraterritorial limits of the city, as established by the Texas Revised Civil Statutes and as they shall be amended, and shall apply to all users of the water and sewer system of the city, regardless of location. (Code 1967, § 34-51(c); Ord. No. 6191, § 1, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-131. -Applicability. This article shall apply to all nondomestic users of the city's POTW discharging directly or indirectly into the POTW's sanitary system. In addition, it shall be unlawful for any nondomestic user located outside the city limits to continue discharges to the POTW except as provided in this article. (Code 1967, § 34-51(d); Ord. No. 6191, § 1, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-132. - Compliance. (a) Unless exception is granted by the city, the public sanitary sewer system shall be used by all persons discharging: (1) Wastewater; (2) Industrial waste; and/or (3) Polluted liquids. (b) Unless authorized by the state natural resource conservation commission, no person may deposit or discharge any waste included in subsection (a) of this section on public or private property into or adjacent to any: (1) Natural outlet; Page 47 (2) Watercourse; (3) Storm sewer; or (4) Other area within the jurisdiction of the city. (c) The city shall verify prior to discharge that wastes authorized to be discharged will receive suitable treatment within the provisions of laws, regulations. ordinances, rules and orders of federal, state and local governments. (Code 1967, § 34-20; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97) Sec. 98-133. - City requirements. (a) If discharges or proposed discharges to public sewers may (i) cause damages to collection facilities; (ii) impair the processes; (iii) incur treatment cost exceeding those of normal sewage; (iv) render the water unfit for receiving waters or industrial use; (v) create a hazard to life or health; or (vi) create a public nuisance; the approving authority shall require the following: (1) Pretreatment to an acceptable condition for discharge to the public sewers; (2) Control of the quantities and rates of discharge of such waste; and (3) Payment of surcharges for excessive cost for treatment, provided such wastes are amenable to treatment by normal sewage plant facilities operated by the city. (b) The city is entitled to determine whether a discharge or proposed discharge is included under subsection (a) of this section. (c) The city shall reject wastes when: (1) It determines that a discharge or proposed discharge is included under subsection (a) of this section; and (2) The discharger does not meet the requirements of subsection (a) of this section (Code 1967, § 34-21; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97) Sec. 98-134. - City review and approval (a) If pretreatment or control is required under this article, the city shall review and approve design and installation of equipment and processes. (b) The design and installation of equipment and processes must conform to all applicable statutes, codes, ordinances and other laws. (c) Any person responsible for discharges requiring pretreatment, flow equalizing or other facilities shall provide and maintain the facilities in effective operating condition at his own expense. (Code 1967, § 34-22; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97) Sec. 98-135. - Traps. (a) Under this article, discharges requiring a trap should include grease or waste containing grease in excessive amounts, oil, sand, flammable waste and other harmful ingredients. (b) Any person responsible for discharges requiring a trap shall, at his own expense and as required by the city, provide plans and specifications for equipment and facilities of a design type and design capacity approved by the city engineer and by the director. The person shall locate the trap in a manner that provides easy accessibility for cleaning and inspection and maintain the trap in effective Page 48 operating condition. The trap shall be inspected by the city's inspection department during construction and upon completion. A final inspection shall be made by all interested parties, including the city engineer, director and chief building official, before any service connections are made. (Code 1967, § 34-23; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97) Sec. 98-136. - Building sewers. (a) Any person responsible for a discharge through a building sewer carrying industrial wastes shall, at his own expense and as required by the city: (1) Install an accessible and safely located control manhole or inspection chamber; (2) Install meters and other appurtenances to facilitate observation sampling and measurement of the waste; and (3) Maintain the equipment and facilities. (b) Every such manhole or inspection chamber, shall be of such design and construction as to prevent infiltration by groundwater and surface water or introduction of slugs or solids by the installation of screens with maximum openings of one inch, but of sufficient fineness to prevent the entrance of objectionable slugs or solids to the sanitary sewer system, and shall be so maintained by the person discharging wastes so that any authorized representative or employee of the city may readily and safely measure the volume and obtain samples of the flow at all times. Plans for the construction of control manholes or inspection chambers, including such flow measuring devices as may be required by this article, shall be approved by the director prior to the beginning of construction. (Code 1967, § 34-24; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97) Sec. 98-137. - Hauled wastewater procedures. (a) As used in this section, "industrial waste" shall include septic tank waste. (b) Industrial waste may be introduced into the POTW only at locations designated by the director and at such times as are established by the director. Such waste shall not violate division 5 of this article or any other requirements established by the city. (c) Industrial waste haulers may discharge loads only at locations designated by the director. No load may be discharged without prior consent of the director. The director may collect samples of each hauled load to ensure compliance with applicable standards. The director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge. (d) An industrial waste hauler must provide a waste -tracking form for every load. This form shall include at a minimum the name and address of the person generating the industrial waste and the volume and characteristics of the waste. The form shall identify the type of industry, known or suspected waste constituents and whether any wastes are RCRA hazardous wastes. (Ord. No. 8118, § 1, 10-23-97) Sec. 98-138. - Protection from damage. No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the sewer works. Any person violating this section shall be guilty of a misdemeanor and fined in accordance with the penalty set out in division 2 of this article. Page 49 (Code 1967, § 34-55; Ord. No. 6191, § 5, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Sec. 98-139 - Confidential information, access to data. Information and data provided to the city pursuant to this article that is effluent data shall be available to the public without restriction. Any other information submitted may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions or, for other submissions, by stamping the works "confidential business information" on each page containing such information. If no claim is made at the time of submission, the city may make the information available to the public without further notice. If a claim is asserted, the city will submit the information to the state attorney general and the submitter will be required to assert why the information should not be public. Unless the state attorney general's public information opinion is timely appealed, the city and the submitter shall be bound by such opinion. (Code 1967, § 34-61; Ord. No. 6191, § 11, 3-26-92; Ord. No. 8118, § 1, 10-23-97) Secs. 98-140-98-165. - Reserved. Page 50 Exhibit T" BEING A TRACT OF LAND CONTAINING 571.898 ACRES, MORE OR LESS, SITUATED IN THE TALCOT PATCHING SURVEY, ABSTRACT NO. 620, HARRIS COUNTY, TEXAS, CONSISTING OF THAT CERTAIN 697.0651 -ACRE TRACT DESCRIBED BY METES AND BOUNDS BELOW, SAVE AND EXCEPT THAT CERTAIN 111.307 -ACRE TRACT ("SAVE AND EXCEPT TRACT 1 ") DESCRIBED BY METES AND BOUNDS BELOW, AND SAVE AND EXCEPT THAT CERTAIN 13.860 -ACRE TRACT ("SAVE AND EXCEPT TRACT 2") DESCRIBED BY METES AND BOUNDS BELOW: THE 697.0651 -ACRE TRACT: BEGINNING at the intersection of the westerly right-of-way line of Garth Road (80 -foot R.O.W.) and northerly right -of-way line of Wallisville Road (60 -foot R.O.W.); THENCE, South 80° 13'00" West, along said northerly line, a distance of 1641.66 feet to a point for corner, THENCE, North 09°47'00" West, a distance of 500.00 feet to a point for corner, THENCE, South 80'13'00" West, a distance of 473.58 feet to a point for comer, THENCE, South 23°42'00" East, a distance of 515.04 feet to a point for corner in the aforementioned northerly line of Wallisville Road; THENCE, North 89032'55" West, along said northerly line, a distance of 2070.91 feet to a point for corner at the intersection of said northerly line and the easterly line of Haney Road (80 -foot R.O.W.); THENCE, North 09027'55" West, along said easterly line a distance of 6843.50 feet to a point of curvature; 000395.00000 IW830-1961-7619.v 1 THENCE, in a northwesterly direction, along said easterly line, following a curve to the left with a central angle of 2913335", a radius distance of 919.82 feet, a long chord bearing North 24°14'43" West, 469.30 feet, and a total arc length of 474.55 feet to a point for corner; THENCE, North 81 °03'40" East, a distance of 4420.01 feet to a point for corner in the aforementioned westerly line of Garth Road; THENCE, South 07°26' 25" East, along said westerly line a distance of 4640.76 feet to a point for comer; THENCE, South 82°33'35" West, a distance of 1002.24 feet to a point for corner; THENCE, South 04°15'35" West, a distance of 700.00 feet to a point for corner; THENCE, South 85144'25" East, a distance of 1168.47 feet to a point for corner in the aforementioned westerly line of Garth Road; THENCE, South 07°26'25" East, along said westerly line, a distance of 2043.92 feet to the POINT OF BEGINNING, and CONTAINING 697.0651 acres (30,364,155 sq. ft.) of land in Harris County, Texas. SAVE AND EXCEPT TRACT 1: Being all of the 111.307 -acre tract described in the deed to Compass Bank recorded under Harris County Clerk's File Number 20110005202, being more particularly described by metes and bounds as follows (all bearings are based on the record bearings of the called 717.279 acres as described in the deed to Garth-Wallisville, Limited, recorded under Harris County Clerk's File Number D892853): COMMENCING at a 1 -inch iron pipe found in the west right-of-way line of Garth Road (width varies), recorded under Harris County Clerk's File Numbers D838008, W485307 and X600931 and in Volume 858, Page 333 of the Hams County Deed Records, marking the southeast corner of the called 89.1 acres conveyed to George Hamman in Volume 000395.00000114830-1961-7619.v 1 1054, Page 259 of the Harris County Deed Records, common with the northeast corner of said called 717.279 acre tract and the northeast corner of the called 25,000 square feet tract conveyed to Charles Kipple, Trustee recorded under Hams County Clerk's File Number H510278; THENCE, South 07°26'25" East, along said west right-of-way line and said Garth Road, at a distance of 100.00 feet, pass the southeast corner of said called 25,000 square feet tract, at a distance of 2,035.56 feet, pass a 5/8 -inch iron rod with plastic cap stamped "Tema Surveying" set marking the northeast corner of the called 36.93 acre tract, conveyed to Costal Industrial Water Authority recorded under Harris County Clerk's File Number D838008, at a distance of 2,364.83 feet, pass a 5/8 -inch iron rod found marking the southeast comer of said called 36.93 acre tract, at a distance of 4,640.76 feet pass the northeast corner of the called 5.0000 acre tract, conveyed to Goose Creek Independent School District, recorded under Hams County Clerk's File Number G873953, at a distance of 4,853.40 feet, pass the southeast comer of said called 5.0000 acre tract common with the northeast corner of a called 15.0000 acre tract conveyed to Goose Creek Independent School District, recorded under Harris County Clerk's File Number G812757, at a distance of 5,563.16 feet pass the southeast comer of said called 15.0000 acre tract, in all a total distance of 5,685.71 feet to an angle corner in said west right-of-way line; THENCE, North 85044'25" West, continuing said west right-of-way line, a distance of 10.27 feet, to an angle corner in said west right-of-way line; THENCE, South 07°26'25" East, continuing along said west right-of-way line, a distance of 25.02 feet to 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking the northeast corner and the POINT OF BEGINNING of the herein described tract; THENCE, South 07°2625" East, continuing along said west right-of-way line, a distance of 1,870.53 feet, to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking the 000395.000001W830 -1961-7619M 1 north end of the northwest right-of-way line cutback line at the intersection of said Garth Road and Wallisville Road (width varies), as described in the deeds recorded under Harris County Clerk's File Numbers W485307, X715895 and X600931 and in Volume 311, Page 3 of the Harris County Map Records; THENCE, South 36°32'16" West, along said northwest right-of-way cutback line, a distance of 21.59 feet, to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking the south end of said right-of-way cutback line; THENCE, South 80°30'56" West, along the north right-of-way line of said Wallisville Road, a distance of 772.43 feet to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking an angle corner of the herein described tract; THENCE, South 07° 18'28" East, continuing along the said north right-of-way line, a distance of 18.57 feet to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking an angle corner of the herein described tract; THENCE, South 80°22'16" West, continuing along said north right-of-way line, a distance of 844.01 feet, to an "X" in concrete found marking the southeast corner of a called 4.727 acre tract conveyed to Houston Lighting & Power Company in Volume 3018, Page 26 of the Harris County Deed Records, common with an angle corner of the herein described tract; THENCE, North 09°36'02" West, along the east line of said called 4.727 acre tract, a distance of 498.68 feet, to a 5/8 -inch iron rod found marking the northeast corner of said called 4.727 acre tract common with an interior corner of the herein described tract; THENCE, South 80°23'58" West, along the north line of said called 4.727 acre tract, a distance of 473.58 feet, to a 5/8 -inch rod found in the east line of a the 150 -foot wide Houston Lighting & Power Company easement recorded in Volume 3021, Page 30 of the Harris County Deed 000395.00000 1 \4830-1961-7619.v 1 Records, common with the east line of the 22 -foot wide Houston Lighting & Power Company easement recorded in Volume 2809, Page 645 of the Harris County Deed Records, marking the northwest corner of said called 4.727 acre tract common with an angle corner of the herein described tract; THENCE, North 23029'12" West, along the east line of said 22 -foot wide Houston Lighting and Power easement common with the east line of a said 150 -foot Houston Lighting and Power easement, a distance of 1,966.90 feet to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set in the south line of the 20 -foot wide Seagull Petrochemical Corporation pipeline easement recorded under Harris County Clerk's File Numbers M373402 and M645320 marking the northwest corner of the herein described tract; THENCE, North 66°30'50" East, along the south line of said 20 -foot wide Seagull Petrochemical Corporation pipeline easement, a distance of 26.94 feet, to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking an angle corner of the herein described tract; THENCE, North 79°53'08" East, continuing along said south line, a distance of 505.26 feet, to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking an angle corner of the herein described tract; THENCE, South 85°44'33" East, continuing along said south line, a distance of 2,147.85 feet, to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking an angle corner of the herein described tract; THENCE, North 85°52'33" East, continuing along said south line, a distance of 32.31 feet to the POINT OF BEGINNING and containing 111.307 acres (4,848,534 square feet) of land. SAVE AND EXCEPT TRACT 2: 000395.000001\4830-1961-7619.v1 Being all of the 13.860 -acre tract described in the deed to Compass Bank recorded under Harris County Clerk's File Number 20110005202 and being more particularly described by metes and bounds as follows (all bearings are based on the record bearings of the called 717.279 acres as described in the deed to Garth-Wallisville, Limited, recorded under Harris County Clerk's File Number D892853): COMMENCING at a 5/8 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking the north end of the northwest right-of-way line cutback line at the intersection of Garth Road (width varies), recorded under Harris County Clerk's File Numbers D838008, W485307 and X600931 and in Volume 858, Page 333 of the Harris County Deed Records and Wallisville Road (width varies), as described in the deeds recorded under Harris County Clerk's File Numbers W485307, X715895 and X600931 and in Volume 311, Page 3 of the Harris County Map Records; THENCE, South 36°32'16" West, along said northwest right-of-way cutback line, a distance of 21.59 feet, to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking the south end of said right-of-way cutback line; THENCE, South 80030'56" West, along the north right-of-way line of said Wallisville Road, a distance of 772.43 feet to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking an angle comer of the herein described tract; THENCE, South 07°18'28" East, continuing along the said north right-of-way line, a distance of 18.57 feet to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking an angle corner of the herein described tract; THENCE, South 80°22'16" West, continuing along said north right-of-way line, a distance of 1,199.32 feet, to a 5/8 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle corner in said north right-of-way line; 000395.00000 IW830-1961-7619.v I THENCE, North 89°32'55" West, continuing along said north right-of-way line, a distance of 158.75 feet to the intersection of said north right-of-way line and the west line of the 150 -foot wide Houston Lighting & Power Company easement recorded in Volume 3021, Page 30 of the Harris County Deed Records; THENCE, North 23°29'10" West, along said west line, a distance of 403.68 feet to a 5/8 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking the intersection of said west line and the north line of the 50 -foot wide Humble Oil and Refining Company easement recorded in Volume 5296, Page 354, of the Hams County Deed Records marking the south corner and POINT OF BEGINNING of the herein described tract; THENCE, North 57°51'55" West, along said north line, a distance of 1,342.79 feet to a 5/8 -inch iron rod with plastic cap stamped "S & V SURVEYING" found marking the west corner of the aforesaid 13.860 acre tract common with the west comer of the herein described tract; THENCE, North 51°01'12" East, along a northwesterly line of said 13.860 acre tract, a distance of 651.92 feet to a 5/8 -inch iron rod with plastic cap stamped "S & V SURVEYING" found marking an angle comer of said 13.860 acre tract common with an angle corner of the herein described tract; THENCE, North 23°29'12" West, along a westerly line of said 13.860 acre tract, a distance of 832.92 feet to a 5/8 -inch iron rod with plastic cap stamped "S & V SURVEYING" found in the south line of the called 11.46 acre San Jacinto River Authority easement marking the northwest corner of said 13.860 acre tract common with the northwest corner of the herein described tract; THENCE, North 79°53'28" East, along said south line, a distance of 133.63 feet to a 5/8 -inch iron rod with plastic cap stamped "S & V SURVEYING" found marking the northeast corner of said 13.860 acre tract common with the intersection of said south line and the aforesaid west line 000395.00000114830-1961-7619.v I of the 150 -foot wide Houston Lighting & Power Company easement and the northeast corner of the herein described tract; THENCE, South 23°29'10" East, along said west line, a distance of 2,084.38 feet to the POINT OF BEGINNING and containing 13.860 acres (603,742 square feet) of land. 000395.000001\4830-1961-7619.v1 H.B. No. 3925 AN ACT relating to the dissolution of the Harris County Municipal Utility District No. 213; the creation of the Harris County Municipal Utility District No. 213-A; the creation of the Harris County Municipal Utility District No. 213-B; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. On the effective date of this Act: (1) the Harris County Municipal Utility District No. 213 is dissolved; (2) the terms of the directors of the district expire; and (3) any assets of the district, including any tax or assessment revenue, that remain after payment of the district's liabilities are transferred to the Harris County Municipal Utility District No. 213-A. SECTION 2. Subtitle F, Title 6, Special District Local Laws Code, is amended by adding Chapter 8478 to read as follows: CHAPTER 8478. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-A SUBCHAPTER A. GENERAL PROVISIONS Sec. 8478.001. DEFINITIONS. In this chapter: (1) "Board" means the district's board of directors. (2) "Commission" means the Texas Commission on Environmental Quality. _(3) "Director" means a board member. (4) "District" means the Harris County Municipal Utility District No. 213-A. Sec. 8478.002. NATURE OF DISTRICT. The district is a municipal utilitv district created under Section 59 Article XVI Texas Constitution. Sec. 8478.003. CONFIRMATION AND DIRECTORS' ELECTION REQUIRED. The temporary directors shall hold an election to confirm the creation of the district and to elect five permanent directors as provided by Section 49.102, Water Code Sec. 8478.004. CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 8478 003 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district Sec. 8478.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT (a) The district is created to serve a public purpose and benefit Lb) The district is created to accomplish the purposes of: (1) a municipal utility district as provided by general law and Section 59, Article XVI Texas Constitution; and (2) Section 52, Article III, Texas Constitution that relate to the construction acquisition, improvement operation or maintenance of macadamized graveled or paved_ roads or improvements, including storm drainage, in aid of those roads Sec. 8478.006. INITIAL DISTRICT TERRITORY (a) The district is initially composed of the territory described by Section 3 of the Act enacting this chapter. (b) The boundaries and field notes contained in Section 3 of the Act enacting this chapter form a closure A mistake made in the field notes or in copying the field notes in the legislative process does not affect the district's: (1) organization, existence, or validity; (2) right to issue any type of bond for the purposes for which the district is created or to pay the principal of and interest on a bond; (3) right to impose a tax; or (4) legality or operation. Sec. 8478.007. ANNEXATION BY MUNICIPALITY. Notwithstanding any other law, if all of the territory of the district is annexed bV a municipality into the corporate limits of that municipality before the date of the election under Section 8478.003, the district may not be dissolved and shall continue until the district is dissolved under Section 43.074, Local Government Code. SUBCHAPTER B. BOARD OF DIRECTORS Sec. 8478.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors. (b) Except as provided by Section 8478.052, directors serve staggered four-year terms. Sec. 8478.052. TEMPORARY DIRECTORS. (a) The temporary board consists of: (1) William K. Taylor; (2) James Courser; and (3) Jacob Saour. ( ) Temporary directors serve until the earlier of: (1) the date permanent directors are elected under Section 8478.003; or (2) September 1, 2017. (c) If permanent directors have not been elected under Section 8478.003 and the terms of the temporary directors have expired, successor temporary directors shall be appointed or reappointed as provided by Subsection (d) to serve terms that expire on the earlier of: (1) the date permanent directors are elected under Section 8478.003; or _(2) the fourth anniversary of the date of the appointment or reappointment. (d) If Subsection (c) applies the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the commission requesting that the commission appoint as successor temporary directors the five persons named in the petition. The commission shall appoint as successor temporary directors the five persons named in the Petition. SUBCHAPTER C. POWERS AND DUTIES Sec. 8478.101. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created. Sec. 8478.102. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. The district has the powers and duties provided by the general law of this state including Chapters 49 and 59 Water Code applicable to municipal utility districts created under Section 59 Article _XVI, Texas Constitution Sec. 8478.103. AUTHORITY FOR ROAD PROJECTS. Under Section 52, Article III, Texas Constitution the district may design, acquire, construct, finance, issue bonds for improve, operate maintain, and convey to this state a county, or a municipality for operation and maintenance macadamized graveled or paved roads, or improvements, including storm drainage, in aid of those roads Sec. 8478.104. ROAD STANDARDS AND REQUIREMENTS (a) A road proiect must meet all applicable construction standards, zoning and subdivision requirements and regulations of each municipality in whose corporate limits or extraterritorial jurisdiction the road project is located. (b) If a road project is not located in the corporate limits or extraterritorial jurisdiction of a municipality, the road proiect must meet all applicable construction standards subdivision requirements and regulations of each county in which the road project is located. (c) If the state will maintain and operate the road the Texas Transportation Commission must approve the plans and specifications of the road project Sec. 8478.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION. The district shall comply with all applicable requirements of any ordinance or resolution that is adopted under Section 54.016 or 54.0165, Water Code, and that consents to the creation of the district or to the inclusion of land in the district. SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS Sec. 8478.151. DIVISION OF DISTRICT; PREREQUISITES. The district may be divided into two or more new districts only if the district: (1) has no outstanding bonded debt; and (2) is not imposing ad valorem taxes. Sec. 8478.152. LAW APPLICABLE TO NEW DISTRICT. This chapter applies to any new district created by division of the district, and a new district has all the powers and duties of the district. Sec. 8478.153. LIMITATION ON AREA OF NEW DISTRICT. A new district created by the division of the district may not, at the time the new district is created, contain any land outside the area described by Section 3 of the Act enacting this chapter. Sec. 8478.154. DIVISION PROCEDURES. (a) The board, on its own motion or on receipt of a petition signed by the owner or owners of a majority of the assessed value of the real property in the district, may adopt an order dividing the district. _(b) The board may adopt an order dividing the district before or after the date the board holds an election under Section 8478.003 to confirm the district's creation. (c) An order dividing the district must: (1) name each new district; (2) include the metes and bounds description of the territory of each new district; (3) appoint temporary directors for each new district; and (4) provide for the division of assets and liabilities between the new districts. (d) On or before the 30th day after the date of adoption of an order dividing the district, the district shall file the order with the commission and record the order in the real property records of each county in which the district is located Sec. 8478.155. CONFIRMATION ELECTION FOR NEW DISTRICT (a) Anew district created by the division of the district shall hold a confirmation and directors' election as required by Section 8478.003. (b) If the creation of the new district is confirmed the new district shall provide the election date and results to the commission. Sec. 8478.156. TAX OR BOND ELECTION. Before a new district created by the division of the district may impose a maintenance tax or issue bonds payable wholly or partly from ad valorem taxes the new district must hold an election as required by this chapter to obtain voter approval. SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS Sec. 8478.201. ELECTIONS REGARDING TAXES OR BONDS (a) The district may issue, without an election bonds and other obligations secured by: (1) revenue other than ad valorem taxes; or (2) contract payments described by Section 8478 203 -() The district must hold an election in the manner provided by Chapters 49 and 59 Water Code to obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes. (c) The district may not issue bonds payable from ad valorem taxes to finance a road Project unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election held for that purpose. Sec. 8478.202. OPERATION AND MAINTENANCE TAX (a) If authorized at an election held under Section 8478.201 the district may impose an operation and maintenance tax on taxable property in the district in accordance with Section 49.107, Water Code. (b) The board shall determine the tax rate. The rate may not exceed the rate approved at the election. Sec. 8478.203. CONTRACT TAXES. (a) In accordance with Section 49.108, Water Code, the district may impose a tax other than an operation and maintenance tax and use the revenue derived from the tax to make payments under a contract after the provisions of the contract have been approved by a majority of the district voters voting at an election held for that purpose. (b) A contract approved by the district voters may contain a Provision stating that the contract may be modified or amended bV the board without further voter approval. SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS Sec. 8478.251. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. The district may issue bonds or other obligations Payable wholly or partly from ad valorem taxes impact fees revenue, contract payments, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose. Sec. 8478.252. TAXES FOR BONDS. At the time the district issues bonds payable wholly or partly from ad valorem taxes the board shall provide for the annual imposition of a continuing direct ad valorem tax, without limit as to rate or amount while all or part of the bonds are outstanding Sec. 8478.253. BONDS FOR ROAD PROJECTS. At the time of issuance, the total Principal amount of bonds or other obligations issued or incurred to finance road projects and payable from ad valorem taxes may not exceed one-fourth of the assessed value of the real Property in the district SECTION 3. The Harris County Municipal Utility District No. 213-A initially includes all the territory contained in the following area: BEING A TRACT OF LAND CONTAINING 571.898 ACRES, MORE OR LESS, SITUATED IN THE TALCOT PATCHING SURVEY, ABSTRACT NO. 620, HARRIS COUNTY, TEXAS, CONSISTING OF THAT CERTAIN 697.0651 -ACRE TRACT DESCRIBED BY METES AND BOUNDS BELOW, SAVE AND EXCEPT THAT CERTAIN 111.307 -ACRE TRACT ("SAVE AND EXCEPT TRACT 11-) DESCRIBED BY METES AND BOUNDS BELOW, AND SAVE AND EXCEPT THAT CERTAIN 13.860 -ACRE TRACT ("SAVE AND EXCEPT TRACT 2") DESCRIBED BY METES AND BOUNDS BELOW: THE 697.0651 -ACRE TRACT: BEGINNING at the intersection of the westerly right-of-way line of Garth Road (80 -foot R.O.W.) and northerly right -of-way line of Wallisville Road (60 -foot R.O.W.); THENCE, South 80013100" West, along said northerly line, a distance of 1641.66 feet to a point for corner; THENCE, North 09°47100" West, a distance of 500.00 feet to a point for corner; THENCE, South 80013100" West, a distance of 473.58 feet to a point for corner; THENCE, South 23042'00" East, a distance of 515.04 feet to a point for corner in the aforementioned northerly line of Wallisville Road; THENCE, North 89°32155" West, along said northerly line, a distance of 2070.91 feet to a point for corner at the intersection of said northerly line and the easterly line of Haney Road (80 -foot R.O.W.); THENCE, North 09027' 55" West, along said easterly line a distance of 6843.50 feet to a point of curvature; THENCE, in a northwesterly direction, along said easterly line, following a curve to the left with a central angle of 29033135", a radius distance of 919.82 feet, a long chord bearing North 24014'43" West, 469.30 feet, and a total arc length of 474.55 feet to a point for corner; THENCE, North 81°03140" East, a distance of 4420.01 feet to a point for corner in the aforementioned westerly line of Garth Road; THENCE, South 07026' 25" East, along said westerly line a distance of 4640.76 feet to a point for corner; THENCE, South 82033'35" West, a distance of 1002.24 feet to a point for corner; THENCE, South 04015'35" West, a distance of 700.00 feet to a point for corner; THENCE, South 85044'25" East, a distance of 1168.47 feet to a point for corner in the aforementioned westerly line of Garth Road; THENCE, South 07°26'25" East, along said westerly line, a distance of 2043.92 feet to the POINT OF BEGINNING, and CONTAINING 697.0651 acres (30,364,155 sq. ft.) of land in Harris County, Texas. SAVE AND EXCEPT TRACT 1: Being all of the 111.307 -acre tract described in the deed to Compass Bank recorded under Harris County Clerk's File Number 20110005202, being more particularly described by metes and bounds as follows (all bearings are based on the record bearings of the called 717.279 acres as described in the deed to Garth-Wallisville, Limited, recorded under Harris County Clerk's File Number D892853): COMMENCING at a 1 -inch iron pipe found in the west right-of-way line of Garth Road (width varies), recorded under Harris County Clerk's File Numbers D838008, W485307 and X600931 and in Volume 858, Page 333 of the Harris County Deed Records, marking the southeast corner of the called 89.1 acres conveyed to George Hamman in Volume 1054, Page 259 of the Harris County Deed Records, common with the northeast corner of said called 717.279 acre tract and the northeast corner of the called 25,000 square feet tract conveyed to Charles Kipple, Trustee recorded under Harris County Clerk's File Number H510278; THENCE, South 07°26125" East, along said west right-of-way line and said Garth Road, at a distance of 100.00 feet, pass the southeast corner of said called 25,000 square feet tract, at a distance of 2,035.56 feet, pass a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking the northeast corner of the called 36.93 acre tract, conveyed to Costal Industrial Water Authority recorded under Harris County Clerk's File Number D838008, at a distance of 2,364.83 feet, pass a 5/8 -inch iron rod found marking the southeast corner of said called 36.93 acre tract, at a distance of 4,640.76 feet pass the northeast corner of the called 5.0000 acre tract, conveyed to Goose Creek Independent School District, recorded under Harris County Clerk's File Number G873953, at a distance of 4,853.40 feet, pass the southeast corner of said called 5.0000 acre tract common with the northeast corner of a called 15.0000 acre tract conveyed to Goose Creek Independent School District, recorded under Harris County Clerk's File Number G812757, at a distance of 5,563.16 feet pass the southeast corner of said called 15.0000 acre tract, in all a total distance of 5,685.71 feet to an angle corner in said west right-of-way line; THENCE, North 85044125" West, continuing said west right-of-way line, a distance of 10.27 feet, to an angle corner in said west right-of-way line; THENCE, South 07026'25" East, continuing along said west right-of-way line, a distance of 25.02 feet to 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking the northeast corner and the POINT OF BEGINNING of the herein described tract; THENCE, South 0726'25" East, continuing along said west right-of-way line, a distance of 1,870.53 feet, to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking the north end of the northwest right-of-way line cutback line at the intersection of said Garth Road and Wallisville Road (width varies), as described in the deeds recorded under Harris County Clerk's File Numbers W485307, X715895 and X600931 and in Volume 311, Page 3 of the Harris County Map Records; THENCE, South 36032'16" West, along said northwest right-of-way cutback line, a distance of 21.59 feet, to a 5/B -inch iron rod with plastic cap stamped "Terra Surveying" set marking the south end of said right-of-way cutback line; THENCE, South 80°30156" West, along the north right-of-way line of said Wallisville Road, a distance of 772.43 feet to a 5/8-inch iron rod with plastic cap stamped "Terra Surveying" set marking an angle corner of the herein described tract; THENCE, South 07°18128" East, continuing along the said north right-of-way line, a distance of 18.57 feet to a 5/8-inch iron rod with plastic cap stamped "Terra Surveying" set marking an angle corner of the herein described tract; THENCE, South 80022116" West, continuing along said north right-of-way line, a distance of 844.01 feet, to an "X" in concrete found marking the southeast corner of a called 4.727 acre tract conveyed to Houston Lighting & Power Company in Volume 3018, Page 26 of the Harris County Deed Records, common with an angle corner of the herein described tract; THENCE, North 09°36102" West, along the east line of said called 4.727 acre tract, a distance of 498.68 feet, to a 5/8-inch iron rod found marking the northeast corner of said called 4.727 acre tract common with an interior corner of the herein described tract; THENCE, South 80023158" West, along the north line of said called 4.727 acre tract, a distance of 473.58 feet, to a 5/8-inch rod found in the east line of a the 150-foot wide Houston Lighting & Power Company easement recorded in Volume 3021, Page 30 of the Harris County Deed Records, common with the east line of the 22-foot wide Houston Lighting & Power Company easement recorded in Volume 2809, Page 645 of the Harris County Deed Records, marking the northwest corner of said called 4.727 acre tract common with an angle corner of the herein described tract; THENCE, North 23029112" West, along the east line of said 22-foot wide Houston Lighting and Power easement common with the east line of a said 150-foot Houston Lighting and Power easement, a distance of 1,966.90 feet to a 5/8-inch iron rod with plastic cap stamped "Terra Surveying" set in the south line of the 20-foot wide Seagull Petrochemical Corporation pipeline easement recorded under Harris County Clerk's File Numbers M373402 and M645320 marking the northwest corner of the herein described tract; THENCE, North 66'30150" East, along the south line of said 20-foot wide Seagull Petrochemical Corporation pipeline easement, a distance of 26.94 feet, to a 5/8-inch iron rod with plastic cap stamped "Terra Surveying" set marking an angle corner of the herein described tract; THENCE, North 79053108" East, continuing along said south line, a distance of 505.26 feet, to a 5/8-inch iron rod with plastic cap stamped "Terra Surveying" set marking an angle corner of the herein described tract; THENCE, South 85"44'33" East, continuing along said south line, a distance of 2,147.85 feet, to a 5/8-inch iron rod with plastic cap stamped "Terra Surveying" set marking an angle corner of the herein described tract; THENCE, North 85052133" East, continuing along said south line, a distance of 32.31 feet to the POINT OF BEGINNING and containing 111.307 acres (4,848,534 square feet) of land. SAVE AND EXCEPT TRACT 2: Being all of the 13.860-acre tract described in the deed to Compass Bank recorded under Harris County Clerk's File Number 20110005202 and being more particularly described by metes and bounds as follows (all bearings are based on the record bearings of the called 717.279 acres as described in the deed to Garth-Wallisville, Limited, recorded under Harris County Clerk's File Number D892853): COMMENCING at a 5/8-inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking the north end of the northwest right-of-way line cutback line at the intersection of Garth Road (width varies), recorded under Harris County Clerk's File Numbers D838008, W485307 and X600931 and in Volume 858, Page 333 of the Harris County Deed Records and Wallisville Road (width varies), as described in the deeds recorded under Harris County Clerk's File Numbers W485307, X715895 and X600931 and in Volume 311, Page 3 of the Harris County Map Records; THENCE, South 36032116" West, along said northwest right-of-way cutback line, a distance of 21.59 feet, to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking the south end of said right-of-way cutback line; THENCE, South 80030'56" West, along the north right-of-way line of said Wallisville Road, a distance of 772.43 feet to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking an angle corner of the herein described tract; THENCE, South 07018'28" East, continuing along the said north right-of-way line, a distance of 18.57 feet to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking an angle corner of the herein described tract; THENCE, South 80022116" West, continuing along said north right-of-way line, a distance of 1,199.32 feet, to a 5/8 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle corner in said north right-of-way line; THENCE, North 89032155" West, continuing along said north right-of-way line, a distance of 158.75 feet to the intersection of said north right-of-way line and the west line of the 150 -foot wide Houston Lighting & Power Company easement recorded in Volume 3021, Page 30 of the Harris County Deed Records; THENCE, North 23°29'10" West, along said west line, a distance of 403.68 feet to a 5/8 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking the intersection of said west line and the north line of the 50 -foot wide Humble Oil and Refining Company easement recorded in Volume 5296, Page 354, of the Harris County Deed Records marking the south corner and POINT OF BEGINNING of the herein described tract; THENCE, North 57°51155" West, along said north line, a distance of 1,342.79 feet to a 5/8 -inch iron rod with plastic cap stamped "S & V SURVEYING" found marking the west corner of the aforesaid 13.860 acre tract common with the west corner of the herein described tract; THENCE, North 51°01'12" East, along a northwesterly line of said 13.860 acre tract, a distance of 651.92 feet to a 5/8 -inch iron rod with plastic cap stamped "S & V SURVEYING" found marking an angle corner of said 13.860 acre tract common with an angle corner of the herein described tract; THENCE, North 23°29'12" West, along a westerly line of said 13.860 acre tract, a distance of 832.92 feet to a 5/8 -inch iron rod with plastic cap stamped "S & V SURVEYING" found in the south line of the called 11.46 acre San Jacinto River Authority easement marking the northwest corner of said 13.860 acre tract common with the northwest corner of the herein described tract; THENCE, North 79053'28" East, along said south line, a distance of 133.63 feet to a 5/8 -inch iron rod with plastic cap stamped "S & V SURVEYING" found marking the northeast corner of said 13.860 acre tract common with the intersection of said south line and the aforesaid west line of the 150 -foot wide Houston Lighting & Power Company easement and the northeast corner of the herein described tract; THENCE, South 23029110" East, along said west line, a distance of 2,084.38 feet to the POINT OF BEGINNING and containing 13.860 acres (603,742 square feet) of land. SECTION 4. Subtitle F, Title 6, Special District Local Laws Code, is amended by adding Chapter 8479 to read as follows: CHAPTER 8479. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO 213-B SUBCHAPTER A. GENERAL PROVISIONS Sec. 8479.001. DEFINITIONS. In this chapter: (1) "Board" means the district's board of directors _(2) "Commission" means the Texas Commission on Environmental Quality. (3) "Director" means a board member. (4) "District" means the Harris County Municipal Utility District No. 213-B. Sec. 8479.002. NATURE OF DISTRICT. The district is a municipal utility district created under Section 59 Article XVI, Texas Constitution. Sec. 8479.003. CONFIRMATION AND DIRECTORS' ELECTION REQUIRED. The temporary directors shall hold an election to confirm the creation of the district and to elect five permanent directors as provided by Section 49.102, Water Code. Sec. 8479.004. CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 8479.003 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district. Sec. 8479.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) The district is created to serve a public purpose and benefit. (b) The district is created to accomplish the purposes of: (1) a municipal utility district as provided by general law and Section 59, Article XVI, Texas Constitution; and (2) Section 52, Article III, Texas Constitution, that relate to the construction, acquisition, improvement, operation, or maintenance of macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads. Sec. 8479.006. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 5 of the Act enacting this chapter. (b) The boundaries and field notes contained in Section 5 of the Act enacting this chapter form a closure. A mistake made in the field notes or in copying the field notes in the legislative process does not affect the district's: _(1) organization, existence, or validity; (2) right to issue any type of bond for the purposes for which the district is created or to pay the principal of and interest on a bond; (3) right to impose a tax; or (4) legality or operation. Sec. 8479.007. ANNEXATION BY MUNICIPALITY. Notwithstanding any other law, if all of the territory of the district is annexed by a municipality into the corporate limits of that municipality before the date of the election under Section 8479.003, the district may not be dissolved and shall continue until the district is dissolved under Section 43.079 Local Government Code. SUBCHAPTER B. BOARD OF DIRECTORS Sec. 8479.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors (b) Except as provided by Section 8479 052 directors serve staggered four-year terms. Sec. 8479.052. TEMPORARY DIRECTORS (a) On or after September 1, 2013, the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the commission requesting that the commission appoint as temporary directors the five persons named in the petition The commission shall appoint as temporary directors the five persons named in the petition. —' (b) Temporary directors serve until the earlier of: (1) the date permanent directors are elected under Section 8479.003; or (2) September 1, 2017. (c) If permanent directors have not been elected under Section 8479.003 and the terms of the temporary directors have expired, successor temporary directors shall be appointed or reappointed as provided by Subsection (d) to serve terms that expire on the earlier of: (1) the date permanent directors are elected under Section 8479.003; or (2) the fourth anniversary of the date of the appointment or reappointment. (d) If Subsection (c) applies the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the commission requesting that the commission appoint as successor temporary directors the five persons named in the petition The commission shall appoint as successor temporary directors the five persons named in the petition. SUBCHAPTER C. POWERS AND DUTIES Sec. 8479.101. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created. Sec. 8479.102. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. The district has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution. Sec. 8479.103. AUTHORITY FOR ROAD PROJECTS. Under Section 52, Article III, Texas Constitution, the district may design, acquire, construct, finance, issue bonds for, improve, operate, maintain, and convey to this state, a county, or a municipality for operation and maintenance macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads. Sec. 8479.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road proiect must meet all applicable construction standards, zoning and subdivision requirements, and regulations of each municipality in whose corporate limits or extraterritorial jurisdiction the road proiect is located. (b) If a road project is not located in the corporate limits or extraterritorial jurisdiction of a municipality, the road project must meet all applicable construction standards, subdivision requirements, and regulations of each county in which the road project is located. (c) If the state will maintain and operate the road, the Texas Transportation Commission must approve the plans and specifications of the road proiect. Sec. 8479.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION. The district shall comply with all applicable requirements of any ordinance or resolution that is adopted under Section 54.016 or 54.0165, Water Code, and that consents to the creation of the district or to the inclusion of land in the district. SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS Sec. 8479.151. DIVISION OF DISTRICT; PREREQUISITES. The district may be divided into two or more new districts only if the district: (1) has no outstanding bonded debt; and (2) is not imposing ad valorem taxes. Sec. 8479.152. LAW APPLICABLE TO NEW DISTRICT. This chapter applies to any new district created by division of the district, and a new district has all the powers and duties of the district. Sec. 8479.153. LIMITATION ON AREA OF NEW DISTRICT. A new district created by the division of the district may not, at the time the new district is created, contain any land outside the area described by Section 5 of the Act enacting this chapter. Sec. 8479.154. DIVISION PROCEDURES. (a) The board on its own motion or on receipt of a petition signed by the owner or owners of a majority of the assessed value of the real property in the district, may adopt an order dividing the district. (b) The board may adopt an order dividing the district before or after the date the board holds an election under Section 8479.003 to confirm the district's creation. (c) An order dividing the district must: (1) name each new district; (2) include the metes and bounds description of the territory of each new district; (3) appoint temporary directors for each new district; and (4) provide for the division of assets and liabilities between the new districts. (d) On or before the 30th day after the date of adoption of an order dividing the district, the district shall file the order with the commission and record the order in the real property records of each county in which the district is located. Sec. 8479.155. CONFIRMATION ELECTION FOR NEW DISTRICT. (a) A new district created by the division of the district shall hold a confirmation and directors' election as required by Section 8479.003. (b) If the creation of the new district is confirmed, the new district shall provide the election date and results to the commission. Sec. 8979.156. TAX OR BOND ELECTION. Before a new district created by the division of the district may impose a maintenance tax or issue bonds payable wholly or partly from ad valorem taxes, the new district must hold an election as required by this chapter to obtain voter approval. SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS Sec. 8479.201. ELECTIONS REGARDING TAXES OR BONDS. (a) The district may issue, without an election, bonds and other obligations secured by: (1) revenue other than ad valorem taxes; or (2) contract payments described by Section 8979.203. (b) The district must hold an election in the manner provided by Chapters 49 and 54, Water Code, to obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes. (c) The district may not issue bonds payable from ad valorem taxes to finance a road project unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election held for that purpose. Sec. 8979.202. OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 8979.201, the district may impose an operation and maintenance tax on taxable property in the district in accordance with Section 49.107, Water Code (b) The board shall determine the tax rate. The rate may not exceed the rate approved at the election. Sec. 8479.203. CONTRACT TAXES. (a) In accordance with Section 99.108, Water Code, the district may impose a tax other than an operation and maintenance tax and use the revenue derived from the tax to make payments under a contract after the provisions of the contract have been approved by a majority of the district voters voting at an election held for that purpose. (b) A contract approved by the district voters may contain a Provision stating that the contract may be modified or amended by the board without further voter approval. SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS Sec. 8979.251. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose. Sec. 8479.252. TAXES FOR BONDS. At the time the district issues bonds payable wholly or partly from ad valorem taxes the board shall provide for the annual imposition of a continuing direct ad valorem tax, without limit as to rate or amount while all or part of the bonds are outstanding. Sec. 8479.253. BONDS FOR ROAD PROJECTS. At the time of issuance, the total principal amount of bonds or other obligations issued or incurred to finance road projects and payable from ad valorem taxes may not exceed one-fourth of the assessed value of the real property in the district. SECTION 5. The Harris County Municipal Utility District No. 213-B initially includes all the territory contained in the following area: Tract 1 and Tract 2 collectively containing 125.167 acres (5,452,276 square feet) of land situated in the Talcott Patching Survey, Abstract Number 620, Harris County, Texas, and being all of the 111.307 acre tract and all of the 13.860 acre tract described in the deed to Compass Bank, recorded under Harris County Clerk's File Number 20110005202; said 125.167 acres being more particularly described in two tracts by metes and bounds as follows (all bearings are based on the record bearings of the called 717.279 acres as described in the deed to Garth-Wallisville, Limited, recorded under Harris County Clerk's File Number D892853): Tract 1: COMMENCING at a 1 -inch iron pipe found in the west right-of-way line of Garth Road (width varies), recorded under Harris County Clerk's File Numbers D838008, W485307 and X600931 and in Volume 858, Page 333 of the Harris County Deed Records, marking the southeast corner of the called 89.1 acres conveyed to George Hamman in Volume 1054, Page 259 of the Harris County Deed Records, common with the northeast corner of said called 717.279 acre tract and the northeast corner of the called 25,000 square feet tract conveyed to Charles Kipple, Trustee recorded under Harris County Clerk's File Number H510278; THENCE, South 07°26'25" East, along said west right-of-way line and said Garth Road, at a distance of 100.00 feet, pass the southeast corner of said called 25,000 square feet tract, at a distance of 2,035.56 feet, pass a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking the northeast corner of the called 36.93 acre tract, conveyed to Costal Industrial Water Authority recorded under Harris County Clerk's File Number D838008, at a distance of 2,364.83 feet, pass a 5/8 -inch iron rod found marking the southeast corner of said called 36.93 acre tract, at a distance of 4,640.76 feet pass the northeast corner of the called 5.0000 acre tract, conveyed to Goose Creek Independent School District, recorded under Harris County Clerk's File Number G873953, at a distance of 4,853.40 feet, pass the southeast corner of said called 5.0000 acre tract common with the northeast corner of a called 15.0000 acre tract conveyed to Goose Creek Independent School District, recorded under Harris County Clerk's File Number G812757, at a distance of 5,563.16 feet pass the southeast corner of said called 15.0000 acre tract, in all a total distance of 5,685.71 feet to an angle corner in said west right-of-way line; THENCE, North 85°44'25" West, continuing said west right-of-way line, a distance of 10.27 feet, to an angle corner in said west right-of-way line; THENCE, South 07026'25" East, continuing along said west right-of-way line, a distance of 25.02 feet to 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking the northeast corner and the POINT OF BEGINNING of the herein described tract; THENCE, South 07026125" East, continuing along said west right-of-way line, a distance of 1,870.53 feet, to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking the north end of the northwest right-of-way line cutback line at the intersection of said Garth Road and Wallisville Road (width varies), as described in the deeds recorded under Harris County Clerk's File Numbers W485307, X715895 and X600931 and in Volume 311, Page 3 of the Harris County Map Records; THENCE, South 36°32'16" West, along said northwest right-of-way cutback line, a distance of 21.59 feet, to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking the south end of said right-of-way cutback line; THENCE, South 8003015611 West, along the north right-of-way line of said Wallisville Road, a distance of 772.43 feet to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking an angle corner of the herein described tract; THENCE, South 07°18'28" East, continuing along the said north right-of-way line, a distance of 18.57 feet to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking an angle corner of the herein described tract; THENCE, South 80°22'16" West, continuing along said north right-of-way line, a distance of 844.01 feet, to an "X" in concrete found marking the southeast corner of a called 4.727 acre tract conveyed to Houston Lighting & Power Company in Volume 3018, Page 26 of the Harris County Deed Records, common with an angle corner of the herein described tract; THENCE, North 09'36'02" West, along the east line of said called 4.727 acre tract, a distance of 498.68 feet, to a 5/8 -inch iron rod found marking the northeast corner of said called 4.727 acre tract common with an interior corner of the herein described tract; THENCE, South 80023'58" West, along the north line of said called 4.727 acre tract, a distance of 473.58 feet, to a 5/8 -inch rod found in the east line of a the 150 -foot wide Houston Lighting & Power Company easement recorded in Volume 3021, Page 30 of the Harris County Deed Records, common with the east line of the 22 -foot wide Houston Lighting & Power Company easement recorded in Volume 2809, Page 645 of the Harris County Deed Records, marking the northwest corner of said called 4.727 acre tract common with an angle corner of the herein described tract; THENCE, North 23°29112" West, along the east line of said 22 -foot wide Houston Lighting and Power easement common -with the east line of a said 150 -foot Houston Lighting and Power easement, a distance of 1,966.90 feet to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set in the south line of the 20 -foot wide Seagull Petrochemical Corporation pipeline easement recorded under Harris County Clerk's File Numbers M373402 and M645320 marking the northwest corner of the herein described tract; THENCE, North 66030'50" East, along the south line of said 20 -foot wide Seagull Petrochemical Corporation pipeline easement, a distance of 26.94 feet, to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking an angle corner of the herein described tract; THENCE, North 79°53'08" East, continuing along said south line, a distance of 505.26 feet, to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking an angle corner of the herein described tract; THENCE, South 85°44'33" East, continuing along said south line, a distance of 2,147.85 feet, to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking an angle corner of the herein described tract; THENCE, North 85°52'33" East, continuing along said south line, a distance of 32.31 feet to the POINT OF BEGINNING and containing 111.307 acres (4,848,534 square feet) of land. Tract 2: COMMENCING at a 5/8 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking the north end of the northwest right-of-way line cutback line at the intersection of Garth Road (width varies), recorded under Harris County Clerk's File Numbers D838008, W485307 and X600931 and in Volume 858, Page 333 of the Harris County Deed Records and Wallisville Road (width varies), as described in the deeds recorded under Harris County Clerk's File Numbers W485307, X715895 and X600931 and in Volume 311, Page 3 of the Harris County Map Records; THENCE, South 36°32'16" West, along said northwest right-of-way cutback line, a distance of 21.59 feet, to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking the south end of said right-of-way cutback line; THENCE, South 80°30'56" West, along the north right-of-way line of said Wallisville Road, a distance of 772.43 feet to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking an angle corner of the herein described tract; THENCE, South 07018128" East, continuing along the said north right-of-way line, a distance of 18.57 feet to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking an angle corner of the herein described tract; THENCE, South 80022'16" West, continuing along said north right-of-way line, a distance of 1,199.32 feet, to a 5/8 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle corner in said north right-of-way line; THENCE, North 89°32'55" West, continuing along said north right-of-way line, a distance of 158.75 feet to the intersection of said north right-of-way line and the west line of the 150 -foot wide Houston Lighting & Power Company easement recorded in Volume 3021, Page 30 of the Harris County Deed Records; THENCE, North 23029110" West, along said west line, a distance of 403.68 feet to a 5/8 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking the intersection of said west line and the north line of the 50 -foot wide Humble Oil and Refining Company easement recorded in Volume 5296, Page 354, of the Harris County Deed Records marking the south corner and POINT OF BEGINNING of the herein described tract; THENCE, North 57051155" West, along said north line, a distance of 1,342.79 feet to a 5/8 -inch iron rod with plastic cap stamped "S & V SURVEYING" found marking the west corner of the aforesaid 13.860 acre tract common with the west corner of the herein described tract; THENCE, North 51001112" East, along a northwesterly line of said 13.860 acre tract, a distance of 651.92 feet to a 5/8 -inch iron rod with plastic cap stamped "S & V SURVEYING" found marking an angle corner of said 13.860 acre tract common with an angle corner of the herein described tract; THENCE, North 23°29112" West, along a westerly line of said 13.860 acre tract, a distance of 832.92 feet to a 5/8 -inch iron rod with plastic cap stamped "S & V SURVEYING" found in the south line of the called 11.46 acre San Jacinto River Authority easement marking the northwest corner of said 13.860 acre tract common with the northwest corner of the herein described tract; THENCE, North 79°53'28" East, along said south line, a distance of 133.63 feet to a 5/8 -inch iron rod with plastic cap stamped "S & V SURVEYING" found marking the northeast corner of said 13.860 acre tract common with the intersection of said south line and the aforesaid west line of the 150 -foot wide Houston Lighting & Power Company easement and the northeast corner of the herein described tract; THENCE, South 23°29'10" East, along said west line, a distance of 2,084.38 feet to the POINT OF BEGINNING and containing 13.860 acres (603,742 square feet) of land. SECTION 6. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code. (b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality. (c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time. (d) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished. SECTION 7. (a) If this Act does not receive a two-thirds vote of all the members elected to each house, Subchapter C, Chapter 8478, Special District Local Laws Code, as added by Section 2 of this Act, is amended by adding Section 8478.106 to read as follows: Sec. 8478.106. NO EMINENT DOMAIN POWER. The district may not exercise the oower of eminent domain (b) This section is not intended to be an expression of a legislative interpretation of the requirements of Section 17(c), Article I, Texas Constitution. SECTION 8. (a) If this Act does not receive a two-thirds vote of all the members elected to each house, Subchapter C, Chapter 8479, Special District Local Laws Code, as added by Section 4 of this Act, is amended by adding Section 8479.106 to read as follows: Sec. 8479.106. NO EMINENT DOMAIN POWER The district may not exercise the power of eminent domain (b) This section is not intended to be an expression of a legislative interpretation of the requirements of Section 17(c), Article I, Texas Constitution. SECTION 9. This Act takes effect September 1, 2013. President of the Senate Speaker of the House I certify that H.B. No. 3925 was passed by the House on May 2, 2013, by the following vote: Yeas 147, Nays 0, 2 present, not voting. Chief Clerk of the House May I certify that H.B. No. 3925 was passed by the Senate on 17, 2013, by the following vote: Yeas 31, Nays 0. APPROVED: Date Governor Secretary of the Senate EXHIBIT "C" THE DISTRICT'S RATE ORDER TO BE ATTACHED ONCE ADOPTED Baytown, TX Code of Ordinances Page 1 of 26 Exhibit "D" ARTICLE III. - WATER SERVICE121 Sec. 98-55. - Utility upgrade surcharge. (a) A monthly utility upgrade surcharge of $15.00 shall be assessed and collected by the utility billing division for each lot within the Bay Oaks Harbor Subdivision (Amended), Blocks 2 through 10 inclusive, which receives utility services from the city. Such surcharge shall be expended by the city for repairs to the water and wastewater systems within such subdivision in order to meet the state commission on environmental quality's standards. (b) A monthly utility upgrade surcharge of $200.00 shall be assessed and collected by the utility billing division for the commercial recreational vehicle park located in the Bay Oaks Harbor Subdivision (Amended), Block 1, Reserves A, B and C inclusive, which receives utility services from the city. Such surcharge shall be expended by the city for repairs to the wastewater system within such subdivision in order to meet the state commission on environmental quality's standards. (Ord. No. 10,865, § 1, 3-27-08; Ord. No. 10,998, § 1, 10-23-08) Sec. 98-56. - Deposits and refunds. (a) Application forservice. Whenever a consumer desires to establish service with the utility billing division, he shall tender to such division, at least one day prior to the time he desires his premises to be connected with the water services, the proper deposit. (b) Amount of deposit. (1) A residential consumer occupying a single-family dwelling house shall be required to place on deposit the amount of $50.00 if he is the owner of the dwelling house; however, a residential consumer occupying a single- family dwelling house shall be required to place on deposit the amount of $200.00 if he is not the owner of the dwelling house. (2) Commercial water deposits shall be determined by the utility billing supervisor. This deposit is to be generally comparable to two months' water service of a commercial business similar to the applicant. (3) about:blank 1/11/2018 Baytown, TX Code of Ordinances Page 2 of 26 Deposits for apartment houses, mobile parks or other multifamily dwelling projects shall be determined by the utility billing supervisor, but shall not be less per unit than the deposit required of single-family dwelling units. (c) Increase of deposits Deposits for commercial consumers, apartment houses, mobile parks or other multifamily projects may be increased from time to time if it is determined by the utility billing supervisor that additional deposits are necessary in order to ensure payment of charges for water service. The additional deposit shall be tendered to the utility billing division within 30 days after notice of the increase in the deposit. Section 98-61 shall apply if the additional deposit is not tendered within 30 days. (d) Refunds Deposits will be refunded upon termination of service, provided the consumer has fully satisfied all charges due the city. (e) Form of deposits. (1) Deposits of less than $500.00 shall be cash deposits in the form of cash, check or money order. (2) Deposits of $500.00 or more for commercial consumers, apartment houses, mobile home parks or other multifamily dwelling projects shall be by: a. Cash; b. Irrevocable bank letter of credit, provided that the irrevocable bank letter of credit shall be: 1. Drawn on an FDIC -insured bank located within Harris County or Chambers County, and 2. For a period of not less than one year; or C. An assignment of security, provided that any security pledged shall be: 1. Approved by the utility billing manager, and 2. Placed in an FDIC -insured bank located within Harris County or Chambers County; or d. A bond, provided that the bond shall be: 1. Issued by a surety licensed to do business in the state, 2. In a form approved by the city attorney, and 3. For a term of not less than one year. about:blank 1/11/2018 Baytown, TX Code of Ordinances Page 3 of 26 Deposits in any form allowed herein shall be maintained throughout the period during which the city provides utility service. As such, any deposit that is to expire prior to the termination of utility service shall be renewed prior to its expiration and proof of such renewal must be submitted to the city's utility billing manager. The remedies for nonpayment of utility bills specified in section 98-61 shall apply if a deposit is not renewed prior to its expiration. (Code 1967, § 31-54; Ord. No. 943, § 1, 11-7-68; Ord. No. 1479, § 1, 9-27-73; Ord. No. 2328, § 1, 10- 13-77; Ord. No. 2738, § 1, 9-27-79; Ord. No. 3054, § 1, 1-8-81; Ord. No. 4948, § 1, 3-24-88; Ord. No. 6005, § 1, 9-26-91; Ord. No. 8141, § 1, 11-25-97; Ord. No. 10,623, § 1, 6-12-07; Ord. No. 10,623, § 1, 6-12-07; Ord. No. 11,646, § 1, 5-26-11) Sec. 98-57. - Tapping fees. (a) The following fees shall be assessed and collected by the utility billing division for water taps inside the city limits: (1) Three -fourths -inch water tap ..... $900.00 (2) One -inch water tap ..... $1,000.00 (b) The following fees shall be assessed and collected by the utility billing division for water taps outside the city limits: (1) Three -fourths -inch water tap ..... $1,100.00 (2) One -inch water tap ..... $1,200.00 (c) All other taps and other special water connections shall be made at actual cost, as determined by the utility billing manager, with the consultation of the director of utilities. (d) If a person pays for a water tap and fails to have the tap made within one year from the date such tap fee is paid, the city shall not allow the water tap to be made unless the person requesting the tap pays such additional amount necessary to increase the original payment to the current cost of a water tap. (Code 1967, § 31-55; Ord. No. 943, § 1, 11-7-68; Ord. No. 1752, §§ 1, 2, 2-27-75; Ord. No. 2328, § 1, 10-13-77; Ord. No. 2738, § 1, 9-27-79; Ord. No. 2974, § 1, 9-25-80; Ord. No. 3628, § 1, 5-26-83; Ord. No. 9226, § 1, 9-13-01; Ord. No. 9831, § 1, 7-8-04; Ord. No. 11,308, § 2, 2-25-10; Ord. No. 13.361 . § 1, 11-21-16) about:blank 1/11/2018 Baytown, TX Code of Ordinances Sec. 98-58. - Service charge for turn on. Page 4 of 26 If the city turns on a customer's water service at the request of the customer, the customer will be charged a service charge of $30.00. If the customer requests their existing service to be transferred, the fee will be $25.00. If an additional trip(s) is required to connect service, a $10.00 additional trip fee will be assessed per trip. (Code 1967, § 31-55.1; Ord. No. 2738, § 2, 9-27-79; Ord. No. 6005, § 5, 9-26-91; Ord. No. 11,308, § 3,2-25-10) Sec. 98-59. - Rates. (a) Rate schedules The following are the rate schedules for water service: Water Service—Rate Schedule Individually Metered Single -Family Residential about:blank 1/11/2018 Inside Outside City Base Facility Charge Per dwelling unit $7.53 $15.05 Customer Charge: Per bill issued $3.62 $7.24 Gallonage Charge (Per Thousand Gallons)• Up to 2,000 gallons per unit $2.57 $3.86 Over 2,000-6,000 gallons per unit $5.60 $8.39 Over 6,000-12,000 gallons per unit $6.71 $10.09 Over 12,000-18,000 gallons per unit $8.74 $13.10 about:blank 1/11/2018 Baytown, TX Code of Ordinances Use over 18,000 gallons per unit $11.36 $17.04 Water Service—Rate Schedule Multifamily Residential Master Meter Service Page 5 of 26 Water Service—Rate Schedule Nonresidential Service about:blank 1/11/2018 Inside Citv Outside City Base Facility Charge: Per dwelling unit $7.53 $15.05 Customer Charge: Per bill issued $3.62 $7.24 Gallonage Charge (Per Thousand Gallons): Up to 2,000 gallons per unit $2.60 $3.91 Over 2,000 gallons per unit $5.63 $8.45 Unit = Constructed, regardless of whether occupied. Water Service—Rate Schedule Nonresidential Service about:blank 1/11/2018 Baytown, TX Code of Ordinances Page 6 of 26 about:blank 1/11/2018 InsideCity Outside City Base Facility Charge: Per meter by meter size 5/8 ° X 3/" $7.53 $15.05 3/4" $11.31 $22.59 ill $18.83 $37.67 1 Yz" $37.67 $75.32 2" $60.26 $120.51 3" $120.51 $241.02 4" $188.31 $376.60 6" $376.60 $753.21 811 $602.56 $1,205.13 10" $866.20 $1,732.37 Customer Charge: Per bill issued $3.62 $7.24 Gallonage Charge (Per Thousand Gallons): All use $5.60 $8.39 about:blank 1/11/2018 Baytown, TX Code of Ordinances Water Service—Rate Schedule High -Volume User Service Page 7 of 26 Base Facility Charge: Per meter by meter size 5/8 " x 3/11 $7.53 3/4n $11.31 lot $18.83 1 Yz" $37.67 2" $60.26 311 $120.51 4" $188.31 6„ $376.60 8" $602.56 10" $866.20 Customer Charge: Per bill issued $3.62 Gallonage Charge (Per Thousand Gallons): All use $4.13 about:blank 1/11/2018 Baytown, TX Code of Ordinances Water Service—Rate Schedule Metered Irrigation Service Page 8 of 26 about:blank 1/11/2018 Inside City Outside City Base Facility Charge: Per meter by meter size 5/8 ° x 3/" $7.53 $15.05 3/4° $11.31 $22.59 V# $18.83 $37.67 1 Yz" $37.67 $75.32 2° $60.26 $120.51 311 $120.51 $241.02 41/ $188.31 $376.60 6° $376.60 $753.21 8° $602.56 $1,205.13 10" $866.20 $1,732.37 Customer Charge: Per bill issued $3.62 $7.24 about:blank 1/11/2018 Baytown, TX Code of Ordinances Page 9 of 26 Gallonage Charge (Per Thousand Gallons)• 5/8" x3/4" Meter Up to 6,000 gallons $5.60 $8.39 Over 6,000-12,000 gallons $6.71 $10.09 Over 12,000-18,000 gallons $8.74 $13.10 Over 18,000 gallons $11.36 $17.04 3/a" Meter Up to 9,000 gallons $5.60 $8.39 Over 9,000-18,000 gallons $6.71 $10.09 Over 18,000-27,000 gallons $8.74 $13.10 Over 27,000 gallons $11.36 $17.04 1" Meter Up to 15,000 gallons $5.60 $8.39 Over 15,000-30,000 gallons $6.71 $10.09 Over 30,000-45,000 gallons $8.74 $13.10 Over 45,000 gallons $11.36 $17.04 11/2" Meter Up to 30,000 gallons $5.60 $8.39 about:blank 1/11/2018 Baytown, TX Code of Ordinances Page 10 of 26 about:blank 1/11/2018 Over 30,000-60,000 gallons $6.71 $10.09 Over 60,000-90,000 gallons $8.74 $13.10 Over 90,000 gallons $11.36 $17.04 2" Meter Up to 48,000 gallons $5.60 $8.39 Over 48,000-96,000 gallons $6.71 $10.09 Over 96,000-144,000 gallons $8.74 $13.10 Over 144,000 gallons $11.36 $17.04 3" Meter Up to 96,000 gallons $5.60 $8.39 Over 96,000-192,000 gallons $6.71 $10.09 Over 192,000-288,000 gallons $8.74 $13.10 Over 288,000 gallons $11.36 $17.04 4" Meter Up to 150,000 gallons $5.60 $8.39 Over 150,000-300,000 gallons $6.71 $10.09 Over 300,000-450,000 gallons $8.74 $13.10 Over 450,000 gallons $11.36 $17.04 about:blank 1/11/2018 Baytown, TX Code of Ordinances Page 11 of 26 6" Meter Up to 300,000 gallons $5.60 $8.39 Over 300,000-600,000 gallons $6.71 $10.09 Over 600,000-900,000 gallons $8.74 $13.10 Over 900,000 gallons $11.36 $17.04 8" Meter Up to 480,000 gallons $5.60 $8.39 Over 480,000-960,000 gallons $6.71 $10.09 Over 960,000-1,440,000 gallons $8.74 $13.10 Over 1,440,000 gallons $11.36 $17.04 10" Meter Up to 690,000 gallons $5.60 $8.39 Over 690,000-1,380,000 gallons $6.71 $10.09 Over 1,380,000-2,070,000 gallons $8.74 $13.10 Over 2,070,000 gallons $11.36 $17.04 (b) Residential dwelling units (1) about:blank 1/11/2018 Baytown, TX Code of Ordinances lndividually metered units. Each residential dwelling unit individually metered and billed for the consumption of water shall be charged for and owe each month a water service charge based upon the amount of water consumed, as determined by the meter reading, applied to the rate schedule in subsection (a) of this section for individually metered single- family residential. Page 12 of 26 (2) Jointlymetered unit. The monthly water service charge for multifamily dwelling unit projects, with units not individually metered for water, shall be determined as follows: a. The total monthly water consumption for the project will be divided by the number of units in the project served by the meter; b. The per-unit water consumption will determine the applicable charge for each unit based upon the rate schedule in subsection (a) of this section for multifamily residential master meter service; and C. The applicable water service charge for each unit will be multiplied by the number of units in the project served by the meter to determine the monthly water service charge for the entire project. (c) Manufactured home parks. The monthly water service charge for manufactured home parks shall be determined as follows: (1) The total water consumption for the project will be divided by the actual number of rental spaces served to determine the per unit water consumption; (2) The per unit water consumption will determine the applicable water service charge for each space based upon the rate schedule in subsection (a) of this section for multifamily residential master meter service; and (3) The applicable charge for each space will be multiplied by the number of spaces in the project served by the meter to determine the monthly water service charge for the project. (d) Commercial units (1) lndividuallymetered units. Each commercial unit individually metered for the consumption of water shall be charged a monthly water service charge based the meter size and upon the amount of water consumed, as determined by the meter reading, applied to the rate schedule in subsection (a) of this section for nonresidential service. about:blank 1/11/2018 Baytown, TX Code of Ordinances Page 13 of 26 (2) Jointlymetered units The monthly water service charge for multiunit commercial projects, with units not individually metered for water, shall be based on the meter size, and the amount of water consumed, as determined by the meter reading, applied to the rate schedule in subsection (a) of this section for nonresidential service. (e) Combinations of residential dwelling units and commercial units. The applicable monthly water service charge for a complex containing a combination of dwelling units and commercial units, with units not individually metered for water, shall be shall be based on the meter size, and the amount of water consumed, as determined by the meter reading, applied to the rate schedule in subsection (a) of this section for nonresidential service. (fl Service forproperty outside the city. A person outside the city limits and authorized by the director of utilities to receive water service shall pay in accordance with subsection (a) of this section for the applicable service or any other amount as may be established and approved in writing by the city council pursuant to a water supply agreement. (g) Volume users A user of water that: (1) Either: Is located within the corporate limits who qualifies for tax abatement under the city's tax abatement policy; or b. Is located within an established industrial district and has in effect an industrial district agreement with the city; and (2) Uses a minimum of 400,000 gallons of water per day, shall be billed a customer charge, a base charge based on meter size, and the amount of water consumed, as determined by the meter reading, applied to the rate schedule in subsection (a) of this section for high-volume user service. The minimum usage shall be determined by dividing the total consumption during the billing period by the number of days in the billing period to determine the daily usage. Any user or customer who does not pay the amount due by the due date indicated on his statement shall be charged a late charge, as provided in section 98-61. (h) Recreational vehicle parks The monthly water service charge for recreational vehicle parks shall be determined in accordance with subsection (d)(1) of this section as if it were a commercial unit individually metered. about:blank 1/11/2018 Baytown, TX Code of Ordinances Page 14 of 26 (Code 1967, § 31-56; Ord. No. 943, § 3, 11-7-68; Ord. No. 1015, § 1, 2-12-70; Ord. No. 1351, §§ 1, 2, 1-25-73; Ord. No. 2328, § 1, 10-13-77; Ord. No. 2426, § 1, 3-9-78; Ord. No. 2738, § 1, 9-27-79; Ord. No. 3054, § 1, 1-8-81; Ord. No. 3120, § 1, 4-9-81; Ord. No. 4548, § 1, 9-25-86; Ord. No. 5101, § 1, 9-22-88; Ord. No. 5645, § 1, 9-27-90; Ord. No. 6006, § 1, 9-26-91; Ord. No. 6349, § 1, 9-24-92; Ord. No. 6427, § 1, 11-12-92; Ord. No. 6777, § 1, 9-23-93; Ord. No. 6836, § 1, 10-10-93; Ord. No. 7097, § 1, 9-22-94; Ord. No. 7392, § 1, 9-14-95; Ord. No. 7622, § 1, 2-8-96; Ord. No. 8061, § 1, 9-11-97; Ord. No. 8151, § 9, 12-16-97; Ord. No. 8677, §§ 1, 2, 9-9-99; Ord. No. 9225, §§ 1, 2, 9-13-01; Ord. No. 9379, §§ 1, 2, 7-11-02; Ord. No. 9416, §§ 1, 2, 9-12-02; Ord. No. 9629, §§ 1, 2, 9-25-03; Ord. No. 9854, § 2, 8-26-04; Ord. No. 9869, §§ 1-3, 9-9-04; Ord. No. 10,158, §§ 1, 2, 9-27-05; Ord. No. 10,403, §§ 1, 2, 9-14-06; Ord. No. 10,704, §§ 1, 2, 9-13-07; Ord. No. 10,962, §§ 1, 2, 9-22-08; Ord. No. 11,308, § 4, 2-25-10; Ord. No. 11,494, § 1, 11-11-10; Ord. No. 11,717, § 1, 9-8-11; Ord. No. 12,331, § 1, 9-12-13; Ord. No. 12,624, § 1, 8-28-14) Sec. 98-60. - Flat -rate service prohibited, separate metering required. (a) No connections for flat -rate water service shall be allowed by the city waterworks system. (b) Every single-family dwelling house constructed in the city shall be separately metered for water service. This subsection shall apply to the remodeling or altering of any existing house, garage or other building where an additional family dwelling is to be added or where the cost of such remodeling or alteration exceeds 50 percent of the original cost of such house or building. (c) Each multi -unit residential establishment and each commercial establishment shall be either: (1) Individually metered for water service or (2) Jointly metered for water service if the utility account is opened by and remains in the name of the owner of the property on which such establishment is located. All meters for multi -unit residential establishments and commercial establishments must be installed at the road right-of-way line. (d) If a multi -unit residential establishment or a commercial establishment is connected to the city system in a manner other than as prescribed in subsection (c) on October 29, 2009, the city, when it becomes aware of such condition, shall send notice by certified mail to the last known address of the owner of the property as recorded in about:blank 1/11/2018 Baytown, TX Code of Ordinances the appraisal records of the appraisal district in which the property is located and, if known based upon a search of the city's utility records, to the tenant at the address listed on the city's utility records. A notice which the United States Postal Service returns as "refused" or "unclaimed" shall not affect the validity of the notice; and the notice shall be considered delivered seven days after mailing the same. Such notice shall be sufficient if it generally describes and gives notice that the establishment is connected in violation of this section and advises that violation must be corrected within 365 days after receipt of such notice. If new service or a change in service is requested during such 365 -day period, compliance with subsection (c) shall be required in order to reestablish water service. Page 15 of 26 (e) Any person who shall violate this section shall, upon conviction, be punished as provided in section 1-14. (Code 1967, § 31-57; Ord. No. 943, § 4,11-7-68; Ord. No. 2328, § 1, 10-13-77; Ord. No. 11,224, § 1, 10-19-09) Sec. 98-61. - Billing; payment; late charge; discontinuance of service. (a) Water meters shall be read monthly and each customer shall be billed monthly. Each water bill shall have a precalculated and stated due date, which shall be approximately 14 days from the day the bill is to be mailed. If a water account is not paid by the due date, the customer shall be charged a late charge in the amount of ten percent of the amount of the water charge, which shall be shown as the gross amount on the bill. If the gross amount is not paid within 12 days after the indicated due and payable date, the city reserves the right to terminate water service as provided in subsection -98-62(i) and shall not restore service until the charges are paid, including reconnect charges. (b) The provisions of subsection (a) of this section pertaining to a late charge of ten percent for the late payment of water bills shall not apply to political subdivisions organized under state law or to official public agencies or either the federal or state government. (Code 1967, § 31-58; Ord. No. 1015, § 1, 2-12-70; Ord. No. 1081, § 1, 3-25-71; Ord. No. 2328, § 1, 10-13-77; Ord. No. 4459, § 1, 5-22-86) Sec. 98-62. - Procedures and remedies for nonpayment of bills. about:blank 1/11/2018 Baytown, TX Code of Ordinances Page 16 of 26 (a) If any person shall permit any waste or use of water contrary to law, the city reserves the right to cut off and discontinue water service until all past due charges have been paid and any required deposit has been made and further until any and all objectionable conditions pertaining to the waste or use of water have been corrected to the satisfaction of the director of finance. (b) If the water meter has been turned off for nonpayment of charges for water services and it is turned on again by anyone other than authorized personnel a $35.00 broken lock fee will be assessed. If it becomes necessary to pull the meter, an additional $65.00 pull meter fee will be added to the account. If when, in the opinion of the utility billing manager, the turning off of the water at the curb stop or removal of the meter or the locking of the curb stop is not sufficient protection for the city against the use of water, waste or misuse of water, the utility billing manager may cause the water to be cut off and the service line to be cut and plugged. If the meter technicians have to pull an illegal "straight line," the police will be called and a $185.00 pull straight line fee assessed. Upon a reapplication for water service all applicable fees and unauthorized consumption must be paid. (c) If the water meter has been turned off for nonpayment of charges for water or sanitary sewer services and the customer has complied with the requirements of the city and is entitled to have the water turned on again, the following reconnection charges will be made, as applicable: (1) If the service is to be reconnected at the customer's request between the hours of 8:00 a.m. and 5:00 p.m. of any weekday from Monday through Friday, except holidays authorized by the city council for city employees, there is no additional charge; or (2) If the customer requests that service be reconnected at any other time than that stated in subsection (c)(1) of this section, the charge will be $50.00. (d) If any person gives the city a check for the payment of water services that is not honored by the drawee bank for any reason or an automatic bank withdrawal is returned unpaid, the city reserves the right to cut off and discontinue water service until all charges due have been paid, including, but not limited to, the processing fee established in section 2-619 of this Code. (e) about:blank 1/11/2018 Baytown, TX Code of Ordinances Page 17 of 26 If any person damages or destroys any city property used for measuring or distributing water, the director of finance shall collect from such person a sum equal to such destroyed or damaged property, but not less than $10.00. A $35.00 service charge will also be assessed to make the needed repairs. (fl Customers may request their meters be reread once a year at no charge. Subsequent requests will be assessed a $10.00 reread meter fee, if the reading is accurate. If the reading is incorrect, no fee will be assessed and the account will be adjusted to reflect the correct reading. If any person requests that his water meter be tested, the city utility billing division shall test the meter. If the meter test shows that the meter registers more water than actually consumed, the last bill shall be corrected according to the test result, and the meter shall be repaired or replaced. If the meter test shows that the meter correctly registers or registers less water than actually consumed, the customer shall be charged a meter test fee. The meter test fee for five -eighths -inch and one -inch meters is $25.00. Meter tests for meters larger than one inch will be billed actual cost. (g) Any or all of the charges and fees provided by this section may be included in the regular or special billing of the city utility billing division and shall be in addition to all other charges or fees provided by this article. (h) It shall be unlawful for any person to hinder or interfere with any utility billing division employee or agent who is delivering water termination notices pursuant to subsection (i)(2) of this section. It shall further be unlawful for any person, other than an occupant of the premises to which notice is delivered, to remove a water termination notice delivered by the utility billing division from any premises to which the utility billing division delivered that notice. (i) Nonemergency termination. (1) Generally. Whenever the city is authorized to terminate a customer's water services against that customer's consent and under this section or whenever the city otherwise terminates water services to a customer in a nonemergency situation other than by the customer's request, the city shall first provide notice in the form and manner described in this subsection to the customer and shall afford the customer an opportunity for a hearing in the form and manner described in this subsection before the termination of the services. If, after the city has complied with the notice requirements as described in this subsection, the customer does about:blank 1/11/2018 Baytown, TX Code of Ordinances not request a hearing for review of the termination within the specified time, the city may terminate water services to the customer on the day and at the time specified in the notice to the customer or within five calendar days thereafter. Any time elapsing after the declared termination date, the elapsing of which is due to the pendency of a hearing or the extension of time granted pursuant to a hearing, shall not be considered when calculating the five days in which the city may terminate water after a declared termination date. Page 18 of 26 (2) Notice. Notice must be sent to a water customer at least eight days prior to the proposed termination date of the services to that customer if notice is sent by mail, or at least five days prior to termination if notice is delivered by the utility billing division. The notice may be incorporated into the customer's monthly bill, sent by certified letter, or hand delivered to the customer by a utility billing division employee or other person designated by the city to deliver such notices. The notice must be written and clearly communicate the following information: The name of the customer whose service is proposed to be terminated; b. The address where service is proposed to be terminated; C. The reason for the proposed termination, including the amount of delinquency, if nonpayment of charges is the reason for termination; d. The day and time on which the water service will be terminated, unless conditions bringing about the termination are sooner remedied; e. The customer has the right to appear and be heard at a hearing to contest the proposed termination prior to the date of termination; f. The means by which the customer may arrange for such a hearing; and g. The date by which the customer must request and set the hearing in order to receive it, which deadline may be no earlier than one day prior to the termination date, nor may that deadline ever be sooner than five days from the date of sending the notice, the five days not including weekdays on which city offices are closed or holidays. (3) about:blank 1/11/2018 Baytown, TX Code of Ordinances Affidavit of failure to receive notice. After the deadline for requesting a hearing, as described in subsection (i)(2)g of this section, has passed, a customer may still request a hearing to review the decision to terminate the customer's water service within ten days of the deadline upon presentation to the city manager of an affidavit declaring that the customer, through no fault of that customer, did not receive notice of termination in time to act upon the notice. When a hearing pursuant to this subsection is requested, the city manager shall as soon as practicable make a determination of whether the appeal appears to be meritorious, and if the city manager finds it is meritorious the city manager shall order the continuation or restoration of services pending the appeal. If the hearing officer finds in favor of the customer, the hearing officer may order restoration of service. Page 19 of 26 (4) Notice to tenants. If the customer to whom water service is proposed to be terminated is a landlord who supplies water services to tenant water users, the city shall attempt to give notice to the tenant water users pursuant to subsection (i)(2) of this section. (5) Hearing. If any customer requests a hearing to review the decision to terminate that customer's water services, the hearing shall be presided over by the city manager or any fair and neutral person he may appoint, which person must be of managerial employment and not involved in the original decision to terminate services, in this context known as the hearing officer. The hearing shall be held no sooner than the next business day or later than 15 business days after being requested by the customer. The hearing officer may in his discretion delay or advance the hearing time upon showing of good cause by the customer. At the hearing the customer shall be given the opportunity to be heard in person to present the customer's case, to present testimony from other persons and to admit documents. The customer may be represented by counsel, though the city shall not provide counsel to the customer. The customer shall be given the opportunity to confront and cross examine any witnesses appearing against him at the hearing. The customer may request that a representative of the utility billing division be present at the hearing and be subject to questioning. However, the rules of evidence or procedure for civil or criminal trials need not be enforced. The city's about:blank 1/11/2018 Baytown, TX Code of Ordinances reasons for terminating the customer's water service shall be stated at the hearing. Upon reaching a final decision, the hearing officer shall state his reasons for reaching that decision and shall state the evidence on which the hearing officer relied in reaching those conclusions. If the hearing officer finds in favor of the customer, the customer's water service shall continue. If the hearing officer finds against the customer, the customer's water service shall be terminated. The hearing officer shall have the power to grant extensions, modify billings and fashion other reliefs as would be equitable. Page 20 of 26 (j) When the water meter has been turned off for nonpayment of charges for water service, sanitary sewer service, garbage collection service or if the water meter has been turned off for payment of utility services with a check that is not honored by the drawee bank for any reason, a cutoff fee will be charged in the amount of $35.00. Nonresidential customers whose doors are tagged prior to disconnection will be assessed a $25.00 tag door fee. When it is necessary to tag tenant's doors of a multifamily residential development prior to disconnection, a $100.00 tag apartments fee will be imposed. (Code 1967, §31-59; Ord. No. 943, § 6,11-7-68; Ord. No. 1015, § 1, 2-12-70; Ord. No. 2328, § 1, 10- 13-77; Ord. No. 3628, § 3, 5-26-83; Ord. No. 3966, § 1, 10-11-84; Ord. No. 4458, § 1, 5-22-86; Ord. No. 6005, §§ 2, 3, 9-26-91; Ord. No. 10,366, § 3, 7-26-06; Ord. No. 10,366, § 3, 7-27-06; Ord. No. 11,308, § 5, 2-25-10) Sec. 98-63. - Metering water bypassing sewer system. (a) Any commercial, industrial, multiunit, public utility or public school owning or having control of property on which there is located one or more facilities requiring water and such water provided to any one or more of such facilities is not discharged into the city sanitary sewer system may, at the owner's own expense, have installed by the city a water meter of a type and design and at a location approved by the director of utilities. (b) Any facility that does not discharge into the city's sewer system when the water is furnished by the city's water system shall be metered by a city water meter connected to a separate service line from the city water main and located in the utility easement, upon the making of application therefor by the owner of such property and making the required deposits and paying the cost of meter installation and tap fees provided about:blank 1/11/2018 Baytown, TX Code of Ordinances Page 21 of 26 for by this article. Such meter shall be read by the city's meter readers and will be subject to the established water rates and charges of the city the same as any other metered water connection to a city main. (c) No person shall be allowed to disconnect a water meter that meters a facility not discharging into the city's sanitary sewer system as stated in this section and then reconnect such meter to the city's water system within a 12 -month period. (d) Any person representing to the city that the facility for which a meter is installed, under this section, does not discharge waste into the city's sanitary sewer system when in fact it does or any person having facilities for which such a meter is installed who subsequently connects such facility to the city's sanitary sewer system without notifying the director of utilities shall be punishable as provided in section 1-14. (Code 1967, § 31-61; Ord. No. 3317, § 1, 2-11-82) Sec. 98-64. - Study to determine charge when portion of water bypasses sewer. (a) This section shall apply to those water users stated in section 98-63 who have facilities connected to the city sanitary sewer system and who make application to the director of utilities under this section. (b) Any water user owning or having control of property on which there is located one or more facilities requiring water and such water provided to any such facility is not discharged into the city sanitary sewer system may make application to the director of utilities requesting that a study of the applicant's property and facilities be made for the purpose stated in this section and paying the fee required in this section. (c) Requests for service under this section shall be made to the director of utilities. The applicant shall furnish all the information and other matters requested therein. The fee for making any study under this section shall be $35.00. No fee shall be required for studies initiated by the director of utilities subsequent to the first application. The fee is to reimburse the city for the expense of making the study. Each applicant shall agree, as a condition precedent to the director of utilities conducting the study and tests provided for in this section, including those initiated by the director of utilities, to indemnify and hold harmless the city from any and all such liability for any act or omission by the city, its agents and employees committed while conducting the studies and tests, causing or resulting in damages to the property or person of the applicant, his agents, employees and invitees. ME about:blank 1/11/2018 Baytown, TX Code of Ordinances Upon receipt of a request and the fee required in this section, the director of utilities will, as soon as possible, make a study of the applicant's property and facilities. When, in the opinion of the director of utilities, based upon a study of the property and facilities of the applicant, it is impractical or unfeasible for the applicant to install one or more meters to measure the amount of water passing through the water meter serving such property and not being discharged into the city sanitary sewers, the Page 22 of 26 director of utilities is authorized to deny such request. (e) The director of utilities is authorized, at his discretion or on written request from an applicant, to make such additional studies from time to time of any such property and facilities to check the current accuracy of the filed study on any such property, and a new study based upon the latest available data shall be filed with the director of utilities to replace the prior one. No change in the basis of computing the sewer service charge for any property will be made until the first billing date after the filing by the director of utilities of the first or any subsequent report. Requests by an applicant for a restudy under this subsection will not be accepted or acted on more often than once in every 12 -month period (annually) subsequent to the filing of the first report on the applicant's property. (f) If it is necessary that certain testing instruments be installed or that existing equipment or facilities located on the applicant's property be altered, adjusted, disconnected or temporarily moved in order to facilitate the making of an engineering study or test under this section, all of such shall be done by and at the expense of the applicant. (Code 1967, § 31-62; Ord. No. 3317, § 1, 2-11-82) Sec. 98-65. - Liens. (a) Water. Liens for unpaid water charges shall be filed according to the following: (1) After the city has terminated a customer's water pursuant to subsection 98-620) or after the city terminates water service at the customer's request, the supervisor of the utility billing division shall file a lien on the property served by the terminated water service and in the amount the customer whose service was terminated owed to the city for water service at the time of the termination of services. (2) about:blank 1/11/2018 Baytown, TX Code of Ordinances If a property receives water services illegally, without having an account with the city utility billing division, the supervisor of the utility billing division shall file a lien against that property in the amount of the proper charge for the water actually used or, if there is no way of determining the amount of water used, in the amount of the minimum monthly water charge that would have been charged to that property had a legitimate account been opened, multiplied by the number of months during which that property illegally received such water services. Page 23 of 26 (b) Garbage collection. Liens for unpaid garbage collection service shall be flied as follows: (1) After the city has terminated a customer's water service pursuant to subsection -98-59(i) or after the city terminates water service or garbage service at the customer's request or after a customer without water service becomes more than $50.00 delinquent for garbage service alone, the supervisor of the utility billing division shall file a lien on the property serviced by garbage collection service and in the amount the customer whose service was terminated owed to the city for garbage collection service at the time of the termination of services. (2) If a property receives garbage collection services illegally, without having an account with the city utility billing division, the supervisor of the utility billing division shall file a lien against that property in the amount of the minimum monthly garbage collection charge that would have been charged to that property had a legitimate account been opened, multiplied by the number of months during which that property illegally received such garbage collection services. (c) Sewerservice. Liens for unpaid sewer service shall be filed as follows: (1) After the city has terminated a customer's water service pursuant to subsection 98-620) or after the city terminates water service or sewer service at the customer's request or after a customer without water service becomes more than $50.00 delinquent in payment for sewer charges alone to the city, the supervisor of the utility billing division shall file a lien on the property served by the water service and in the amount about:blank 1/11/2018 Baytown, TX Code of Ordinances Page 24 of 26 the customer whose service was terminated owed to the city for sewer service at the time of the termination of services or the accumulation of the delinquency in payment for sewer services. (2) If a property receives sewer services illegally, without having an account with the city utility billing division, the supervisor of the utility billing division shall file a lien against that property in the amount of the minimum monthly sewer charge that would be have been charged to that property had a legitimate account been opened, multiplied by the number of months during which that properly illegally received such sewer services. (d) Exemptions. No lien for water charges, garbage collection charges, or sewer charges shall be placed on a property if: (1) A customer owes less than $50.00 for the aggregate sum of water charges, garbage collection charges and sewer charges; (2) The customer is not delinquent in payment for water charges, garbage collection charges, or sewer charges; (3) The city knows the property to be a homestead as defined by the state constitution; or (4) The city knows the property to be a single-family dwelling house and the delinquent water charges, garbage collection charges, or sewer charges to be for services provided to a residential consumer who is not the owner of the property. (e) Filing procedures. Any lien authorized by this section shall be filed with the county clerk or with the county clerk of the county in which the property to which the lien will be attached is located. The city shall then have a privileged lien on as many lots or pieces of property as the terminated services previously served and are described on the lien instrument by metes and bounds or by city lot and block description or by any other adequate description. The lien shall secure the charges made by the city for the services rendered to that property. Such a lien shall be filed pursuant to the authority granted in Vernon's Ann. Civ. St. art. 1175, § 11; V.T.C.A., Local Government Code §§ 51.072 and 402.017; and state constitution article XI, section 5. The lien shall bear interest at a rate of ten percent per annum. The supervisor of the utility billing division shall add to any lien filed pursuant to this section that amount of the filing fee charged by the county clerk for filing that lien. The lien shall be effective against that about:blank 1/11/2018 Baytown, TX Code of Ordinances Page 25 of 26 property if the account holder or user of services at that property was either the owner of that property, a tenant of that property or a permissive holder of that property or an adverse possessor of that property. For any charges for which the lien authorized by this section is designed to secure, suit may be instituted and recovery in the foreclosure of that lien may be had in the name of the city. The city attorney is authorized to file such suits in a state court of competent jurisdiction. (fl Notice and hearing. After the filing of a lien pursuant to this section, the supervisor of the utility billing division shall within 30 days of the filing of that lien give the owner of that property and the account holder notice that such a lien has been filed on that property and shall inform the owner and account holder of their rights of appeal. Within 30 days of the postmark of the notice sent to the property owner or account holder, the property owner or account holder may appeal the decision to impose the lien on that property to the city manager or any fair and impartial person whom the city manager may designate. The city manager shall authorize the release of the lien if the property owner or account holder shows that no bill for the services to this property encumbered by the lien is owing or if the property owner shows that the encumbered property is and at all times, from the hour of filing of the lien until the time of the appeal, has been a homestead as defined by the state constitution. The city manager may modify or release the lien to reflect the true amount of delinquency in payment for services to the property if the owner or account holder demonstrates that a lesser bill is owing than the lien alleged or if the supervisor of the utility billing division cannot show that all the lien alleged is owing. The person last listed on the tax records of the county in which the property is located as being the owner of any given piece of property shall be presumed to be the owner for purposes of this subsection, and the address listed for the owner on the tax records shall be presumed to be the address of the owner. (g) Reconnection ofservices. No water, garbage or sewer services shall be provided to property encumbered by a lien filed pursuant to this section, except as otherwise required by V.T.C.A., Local Government Code § 552.0025. Notwithstanding this prohibition, the supervisor of the utility billing division shall be authorized to reconnect water, garbage and wastewater services if the customer agrees in writing to pay the accrued water and wastewater charges for such property in accordance with a payment schedule acceptable to the supervisor of the utility billing division and the customer also agrees to pay all current and future water and wastewater charges as they come due. about:blank 1/11/2018 Baytown, TX Code of Ordinances Page 26 of 26 (h) Release. Whenever a person pays all principal, interest and the filing fee of a lien validly filed pursuant to this section, the supervisor of the utility billing division shall execute a release of that lien and surrender it to the paying party. The release shall be prepared and approved as to form by the city attorney and shall be duly notarized. The city shall not be responsible for filing that release. (i) Effect ofsection. This section is cumulative of any other remedies, methods of collection or security available to the city under the Charter and city ordinances or under state law. (Code 1967, § 31-63; Ord. No. 6005, § 4, 9-26-91; Ord. No. 11,624, § 1, 4-14-11; Ord. No. 11,646, §§ 2-4, 5-26-11; Ord. No. 11,893, § 1, 3-8-12) Secs. 98-66-98-89. - Reserved. about:blank 1/11/2018 Baytown, TX Code of Ordinances Exhibit "E" ARTICLE IV. - SEWER SERVICE131 Sec. 98-90. - Plumbing connections to sewer lines. Page 1 of 9 All plumbing fixtures installed within a structure, whether residential or nonresidential, shall be connected to sewer lines that discharge into a public sewer system if such line lies within 300 feet of other approved means of disposal. Plumbing fixtures not connected to a public sewer system shall be connected to an approved sewage disposal system. Such private sewage disposal system shall be constructed and repairs or additions made in accordance with the applicable regulations of the city. No sewage from a plumbing system shall be discharged into state waters, unless specially approved by the authority having jurisdiction in accordance with state law. (Ord. No. 11,803, § 18,11-21-11) Sec. 98-91. - Sewer service charge. (a) Residential dwelling units. The sewer service charge for residential dwelling units shall be as follows: (1)individuaiiymetered for water consumption. Each residential dwelling unit individually metered and billed for the consumption of water shall be charged for and shall owe each month a sewer service charge based upon the consumption of water attributed to it as determined by article III of this chapter relating to water charges, applied to the following usage and the rate schedule for sewer service: Wastewater Service—Rate Schedule Individually Metered Single -Family Residential about:blank 1/11/2018 Inside Outside City Base Facility Charge: Per dwelling unit $7.53 $15.05 Customer Charge: about:blank 1/11/2018 Baytown, TX Code of Ordinances Page 2 of 9 (2) Joint/y metered for water consumption. Multifamily dwelling unit projects not individually metered for water shall be charged for and shall owe each month a sanitary sewer charge based upon consumption of water attributed to it as determined by article III of this chapter relating to water charges applied to the following usage and the rate schedule for sewer service: Wastewater Service—Rate Schedule Multifamily Residential Master Meter Service Per bill issued $3.62 $7.24 Gallonage Charge (Per Thousand Gallons): Per dwelling unit Up to 2,000 gallons per unit $2.60 $3.91 Over 2,000-12,000 gallons per unit $5.63 $8.45 $3.62 Over 12,000 gallons per unit No charge No charge (2) Joint/y metered for water consumption. Multifamily dwelling unit projects not individually metered for water shall be charged for and shall owe each month a sanitary sewer charge based upon consumption of water attributed to it as determined by article III of this chapter relating to water charges applied to the following usage and the rate schedule for sewer service: Wastewater Service—Rate Schedule Multifamily Residential Master Meter Service about:blank 1/11/2018 Inside City Outside City Base Facility Charge: Per dwelling unit $7.53 $15.05 Customer Charge: Per bill issued $3.62 $7.24 Gallonage Charge (Per Thousand Gallons): Up to 2,000 gallons per unit $2.60 $3.91 about:blank 1/11/2018 Baytown, TX Code of Ordinances Over 2,000 gallons per unit $5.63 $8.45 Unit = Constructed, regardless of whether occupied. Page 3 of 9 (b) Commercial units. Each commercial unit shall be charged for and shall owe each month a sanitary sewer service charge based upon the consumption of water attributed to it, applied to the following usage and the rate schedule for sewer service: Wastewater Service—Rate Schedule Nonresidential Service about:blank 1/11/2018 Inside City_ Outside City Base Facility Charge: Per meter by meter size 5/8 " X 3/41' $7.53 $15.05 3/411 $11.31 $22.59 lit $18.83 $37.67 1 Y211 $37.67 $75.32 2" $60.26 $120.51 311 $120.51 $241.02 4° $188.31 $376.60 6" $376.60 $753.21 about:blank 1/11/2018 Baytown, TX Code of Ordinances Page 4 of 9 (c) Manufactured home parks. Manufactured home parks shall be charged for and owe a sanitary sewer service charge based upon consumption of water attributed to it as determined by article III of this chapter relating to water charges applied to the following usage and the rate schedule for sewer service: Wastewater Service—Rate Schedule Multifamily Residential Master Meter Service 8F' $602.56 $1,205.13 Base Facility Charge. 10" $866.20 $1,732.37 Customer Charge: $7.53 $15.05 Customer Charge: Per bill issued $3.62 $7.24 Gallonage Charge (Per Thousand Gallons): $3.62 $7.24 Gallonage Charge (Per Thousand Gallons): All use $5.63 $8.45 (c) Manufactured home parks. Manufactured home parks shall be charged for and owe a sanitary sewer service charge based upon consumption of water attributed to it as determined by article III of this chapter relating to water charges applied to the following usage and the rate schedule for sewer service: Wastewater Service—Rate Schedule Multifamily Residential Master Meter Service about:blank 1/11/2018 Inside City Outside City Base Facility Charge. Per dwelling unit $7.53 $15.05 Customer Charge: Per bill issued $3.62 $7.24 Gallonage Charge (Per Thousand Gallons): Up to 2,000 gallons per unit $2.60 $3.91 about:blank 1/11/2018 Baytown, TX Code of Ordinances Over 2,000 gallons per unit $5.63 $8.45 Unit = Total spaces, regardless of whether occupied. Page 5 of 9 (d) Volume users A sanitary sewer service customer within the corporate limits who (i) qualifies for a tax abatement under the city's tax abatement policy and (ii) uses more than 400,000 gallons of water per day shall be charged and shall owe each month a sewer service charge based upon (i) the consumption of water attributed to it as determined by article III of this chapter relating to water charges; or (ii) the actual wastewater flow as determined by a metering system approved by the city. Such charges shall be applied as follows: Wastewater Service—Rate Schedule High -Volume User Service about:blank 1/11/2018 With City Water Service Without City Water Service Base Facility Charge. Per meter by meter size 5/8 IfX 3/a" $7.53 $7.84 3/4'0 $11.31 $11.74 1 f# $18.83 $19.58 1 Y211 $37.67 $39.17 2" $60.26 $62.66 3° $120.51 $125.32 about:blank 1/11/2018 Baytown, TX Code of Ordinances Page 6 of 9 (Code 1967, § 31-65; Ord. No. 944, § 2,11-7-68; Ord. No. 1015, § 1, 2-12-70; Ord. No. 1465, §§ 1, 2, 9-13-73; Ord. No. 1668, §§ 1, 2, 9-26-74; Ord. No. 2550, § 1, 9-28-78; Ord. No. 2738, § 3, 9-27-79; Ord. No. 2974, § 2, 9-25-80; Ord. No. 3680, § 1, 9-22-83; Ord. No. 4548, § 2, 9-25-86; Ord. No. 5644, §§ 1, 2, 9-27-90; Ord. No. 6006, § 2, 9-26-91; Ord. No. 6349, § 2, 9-24-92; Ord. No. 6777, §§ 2, 3, 9-23-93; Ord. No. 7097, § 2, 9-22-94; Ord. No. 7392, § 2, 9-14-95; Ord. No. 8061, § 2, 9-11-97; Ord. No. 8151, § 10, 12-16-97; Ord. No. 8677, §§ 3, 4, 9-9-99; Ord. No. 9225, §§ 3, 4, 9-13-01; Ord. No. 9416, §§ 3, 4, 9-12-02; Ord. No. 9629, §§ 3, 4, 9-25-03; Ord. No. 9869, §§ 4, 5, 9-9-04; Ord. No. 10,158, §§ 3, 4, 9-27-05; Ord. No. 10,403, §§ 3-5, 9-14-06; Ord. No. 10,704, §§ 3, 4, 9-13-07; Ord. No. 10,962, §§ 3-5, 9-22-08; Ord. No. 11,308, § 6, 2-25-10; Ord. No. 11,494, § 2, 11-11-10; Ord. No. 11,717, § 2, 9-8-11; Ord. No. 12,331, § 2, 9-12-13; Ord. No. 12,624, § 2, 8-28-14) Sec. 98-92. - Charge for users without water or outside city. (a) Users without water. A person not connected to the city waterworks system shall be billed monthly by the utility billing division for sanitary sewer services at a rate determined by the utility billing supervisor, which rate shall be consistent with the about:blank 1/11/2018 4° $188.31 $195.84 611 $376.60 $391.66 8'r $602.56 $626.66 10" $866.20 $900.84 Customer Charge: Per bill issued $3,62 $3.77 Gallonage Charge (Per Thousand Gallons): All use $4.17 $4.32 (Code 1967, § 31-65; Ord. No. 944, § 2,11-7-68; Ord. No. 1015, § 1, 2-12-70; Ord. No. 1465, §§ 1, 2, 9-13-73; Ord. No. 1668, §§ 1, 2, 9-26-74; Ord. No. 2550, § 1, 9-28-78; Ord. No. 2738, § 3, 9-27-79; Ord. No. 2974, § 2, 9-25-80; Ord. No. 3680, § 1, 9-22-83; Ord. No. 4548, § 2, 9-25-86; Ord. No. 5644, §§ 1, 2, 9-27-90; Ord. No. 6006, § 2, 9-26-91; Ord. No. 6349, § 2, 9-24-92; Ord. No. 6777, §§ 2, 3, 9-23-93; Ord. No. 7097, § 2, 9-22-94; Ord. No. 7392, § 2, 9-14-95; Ord. No. 8061, § 2, 9-11-97; Ord. No. 8151, § 10, 12-16-97; Ord. No. 8677, §§ 3, 4, 9-9-99; Ord. No. 9225, §§ 3, 4, 9-13-01; Ord. No. 9416, §§ 3, 4, 9-12-02; Ord. No. 9629, §§ 3, 4, 9-25-03; Ord. No. 9869, §§ 4, 5, 9-9-04; Ord. No. 10,158, §§ 3, 4, 9-27-05; Ord. No. 10,403, §§ 3-5, 9-14-06; Ord. No. 10,704, §§ 3, 4, 9-13-07; Ord. No. 10,962, §§ 3-5, 9-22-08; Ord. No. 11,308, § 6, 2-25-10; Ord. No. 11,494, § 2, 11-11-10; Ord. No. 11,717, § 2, 9-8-11; Ord. No. 12,331, § 2, 9-12-13; Ord. No. 12,624, § 2, 8-28-14) Sec. 98-92. - Charge for users without water or outside city. (a) Users without water. A person not connected to the city waterworks system shall be billed monthly by the utility billing division for sanitary sewer services at a rate determined by the utility billing supervisor, which rate shall be consistent with the about:blank 1/11/2018 Baytown, TX Code of Ordinances Page 7 of 9 regular sewer service charge of similar type premises or users receiving service from the city. If a person desiring service uses water or maintains premises in such a manner that a similar type user or premises cannot be found, the utility billing supervisor may recommend for approval to the city council such service charge and conditions as he deems appropriate. (b) Users outside city limits. (1) A person outside the city limits and authorized by the director of utilities to receive sewer service from the city shall pay a monthly sewer service charge equal to: a. The sum of: 1. Two times the city's minimum monthly rate for users within the corporate limits and 2. One and one-half times the rate for any additional usage charged to a user situated within the corporate limits, except that the maximum charge specified in subsection 98-91(b)(1) shall not be applicable; or b. Any other amount as may be otherwise established and approved in writing by the city council pursuant to a wastewater disposal agreement. (2) A person outside the city limits and not connected to the city waterworks system shall be billed monthly by the utility billing division for sanitary sewer services at a rate determined by the utility billing supervisor that produces a charge of twice the city's minimum charge and 1Yz times the rate for additional charges, such charges to be based upon the regular sewer service charge of similar type premises or users receiving service from the city within the city limits, except that the maximum charge specified in subsection 98-91(b)(1) shall not be applicable. (Code 1967, § 31-65.1; Ord. No. 2209, § 1, 4-14-77; Ord. No. 2426, § 2,3-9-78; Ord. No. 3824, § 1, 4-12-84; Ord. No. 6836, § 2,10-10-93; Ord. No. 7622, § 2, 2-8-96; Ord. No. 9869, § 6, 9-9-04; Ord. No. 10,704, § 5, 9-13-07) Sec. 98-93. - Billing; payment; penalty; discontinuance of service. (a) about:blank 1/11/2018 Baytown, TX Code of Ordinances Page 8 of 9 For convenience of collection, the sewer service charge shall be added to the monthly water bills prepared by or for the city, and collection of the charge shall be made by the utility billing division at the time of payment of the monthly water bill covering service to a residence, apartment project, business or other enterprise of whatsoever nature. Employees or agents of the city shall not accept payment of the water bill from any such owner, occupant, tenant or lessee without collecting the full amount of the bill, including the sanitary sewer service charge. (b) If the sewer service charge is not paid by the due date shown on the customer's water bill, the customer shall be charged a late charge in the amount of ten percent of the amount of such sewer charge, which shall be shown as the gross amount on such bill; if not paid by the next billing date, such gross amount will be shown in arrears on the customer's bill for the next month following. If the total amount of the following month's sanitary sewer charges, including arrears and current sanitary sewer service, is not paid by the due date specified on such month's bill, ten percent of the following month's sewer service charge shall be added as a late charge, and the total of the two months' charges will then be in arrears. A notice will be sent to a customer showing the total amount due and specifying a cutoff date for the discontinuance of water service or sewer service. If the account is not paid in full by such cutoff date, the city shall reserve the right to cut off and discontinue water service and sewer service until all past due charges have been paid, together with applicable reconnection charges. (c) A person not connected to the city waterworks system and not owing water service charges will be billed by the utility billing division for sanitary sewer services on an individual basis. (Code 1967, § 31-66; Ord. No. 944, § 3, 11-7-68; Ord. No. 1015, § 1, 2-12-70) Sec. 98-94. - Tapping fees. (a) The utility billing division shall assess and collect a sewer tap fee of $600.00 for a short side sewer tap and $650.00 for a long side sewer tap for each and every four -inch sewer tap made within the city limits. All other taps (six inches and larger) and other special connections shall be made by a plumbing contractor or, at the city's option, at the estimated actual cost as determined by the utility billing manager with consultation of the director of utilities. U about:blank 1/11/2018 Baytown, TX Code of Ordinances Page 9 of 9 The owner may, at his option and expense, have any four -inch sewer tap made by a licensed master plumber. A sewer tap permit shall be obtained by application with the plumbing inspector. No fee will be charged by the city for such a sewer tap. The sewer tap is subject to inspection by the plumbing inspector and must be constructed according to the city engineer's specifications for sewer taps. (c) Any person who taps a sewer line without a permit or in violation of this section shall be punished as provided in section 1-14. (d) If a person pays for a sewer tap and fails to have the tap made within one year from the date such tap fee is paid, the city shall not allow the sewer tap to be made unless the person requesting the tap pays such additional amount necessary to increase the original payment to the current cost of a sewer tap. (Code 1967, § 31-67; Ord. No. 944, § 5,11-7-68; Ord. No. 1015, § 3, 2-12-70; Ord. No. 1752, §§ 3, 4, 2-27-75; Ord. No. 2061, § 1, 8-12-76; Ord. No. 2356, § 1, 10-27-77; Ord. No. 2738, § 3, 9-27-79; Ord. No. 2974, § 2, 9-25-80; Ord. No. 3628, § 2,5-26-83; Ord. No. 5644, § 3, 9-27-90; Ord. No. 9226, § 2, 9-13-01; Ord. No. 11,308, § 7, 2-25-10) Sec. 98-95. - Water bypassing sewer system. A person shall not be charged for sewer service based on water consumption, as delineated in this article, where such user has a facility not discharging into the city's sanitary sewer system and metered under sections 98-63 and 98-64. (Code 1967, § 31-68; Ord. No. 3317, § 2, 2-11-82) Secs. 98-96-98-125. - Reserved. about:blank 1/11/2018 Exhibit T" ✓ )11 r '7^ AMENDATORY CONTRACT BETWEEN SAN JACINTO RIVER AUTHORITY AND THE CITY OF HOUSTON, TEXAS THE STATE OF TEXAS X X COUNTY OF HARRIS j THIS CONTRACT executed as of the-.Z?,.Iday of 1976, by add between the SAN JACINTO RIVER AUTHORITY, ("SJRA") a conservation and reclamation district and political subdivision of the State of Texas, and the CITY OF HOUSTON, TEXAS, ("the City"` a municipal corporation: 1. The provisions of Section VII of the contract between the parties dated March 27, 1944, shall have no application to sales of Trinity River raw water by the City to the Baytown Area Water Authority ("BAWA"), a municipal corporation created by Ch. 600, p. 641. Sixty -Third legislature, Regular Session, 1973, for the limited purpose of treating and selling the same as potable treated water to the City of Baytown and other local governmental entities for distribution through the municipal water systems of such local governmental entities, such water to be used for municipal purposes as defined by Rule 129.01.15001-.041, promulgated by the Texas Water Rights Commission on December 1, 1975, and for no other pur- poses, and only within the boundaries of BAWA as such boundaries exist on the date of this contract; PROVIDED, that no such water shall be sold, distributed or used other than for residential household and other strictly domestic purposes within the area bounded by Interstate Highway No. 10 on the north, Sjolander Road on the west, Archer Road on the south, and Cedar Bayou on the east, without written consent of SJRA. 2. The City shall insure that all instruments relating to the sale of water to BAWA include appropriate covenants on the part of BAWA to observe the limitations and restrictions imposed on the City by the contract dated March 27, 1944, as modified by this contract, and to include covenants in all sales and contracts for the sale of water by BAWA insuring compliance with such restrictions and limitations. The word- ing of the covenants giving effect to such restrictions and limitations shall be submitted to the General Manager of the SJRA for approval as to conformity to this paragraph prior to any sale by the City subject to this contract. The City shal be responsible for the enforcement of such covenants, but the, shall also be enforceable by SJRA directly. 3. In the event any water delivered by the City to BAWA under this contract is used in violation of such restrictions or limitations, SJRA shall be entitled to recover from the City as liquidated damages an amount equal to seventy-five percent (75%) of the consideration or revenue received by the City for the estimated amount distributed, sold or used in violation of such restrictions or limitations, plus all liti- gation expenses and reasonable attorney's fees. The recovery of such liquidated damages shall be in addition to all other remedies available to SJRA. 4. In consideration of the foregoing limited waiver by SJRA of the restrictions and limitations imposed by the contract dated March 27, 1944, the City shall pay to the SJRA an amount equal to $50 per day during such period that the City receives payment from BAWA for water sold under this waiver, but such payments to SJRA shall not extend beyond a period of 20 years. Payment shall be made on a quarterly bas. on or before the 10th day of the month following each calendar quarter. -2- 5. The contract shall not be assignable by either party without the written consent of tha other; however the obligatior imposed hereunder shall be binding on their successors or assign The waiver provided herein shall be applicable only to sales by the City to BAWA and shall not be applicable to any sale by the City to any other entity, including any successors or assign entity to BAWA, without the written consent of SJRA. 6. Except as amended by this contract and the contracts between the parties dated July 19, 1955, May 9, 1968 and the contract dated September 1, 1971, the provisions of the March 27, 1944, contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto, acting under the authority of their respective governing bodies have caused this contract to be executed on this >y day of 197 in duplicate originals, each of which shall constitute an origins ATTEST: By Ae L,4 /54,14'.11, Secretary SAN JACINTO RIVER AUTHORITY By ice -pre nt CITY OF HOUSTON ATTEST: By Mayor By icy Secretary COUNTERSIGNED: ty Controller EXHIBIT "C" PLAN OF DEVELOPMENT This Plan of Development is an important opportunity for the City of Baytown to participate in the strategic planning of a major planned unit development community within the City's extraterritorial jurisdiction ("BTY). This Plan of Development is intended to further the goals and objectives of the City's Comprehensive Plan at the northern gateway to Baytown. I. PROJECT DESCRIPTION The project is a proposed master -planned community of approximately 500.5 acres (the "Property"), located in the far northwest quadrant of Baytown's extraterritorial jurisdiction ("BTY). The community will consist of residential, civic, and commercial uses; including facilities such as a school, daycare, parks, lakes and trails and significant open space. The Development Agreement will establish a comprehensive land use plan to guide development within the project. Figure 1 shows the location of the development. H. CURRENT LAND USE The Property is located in Harris County, at the northwest quadrant of the City of Baytown's ETJ and is bounded by Wallisville Road on the south, Haney Road on the west, just shy of Barbers Hill Road on the north, and just shy of Garth Road along the east. The Property is bisected by the Gulf States Water Authority Canal, the San Jacinto River Authority Canal, the Centerpoint high-voltage power lines and several pipeline easements. The bifurcated state of the property will require the property to be developed as four separate communities within a comprehensive development and landscaping plan. The property is a compilation of four tracts and is currently vacant and unimproved, consisting of flat coastal plain used for sod farming. The surrounding vicinity is characterized by vacant tracts of land and substandard subdivisions with a scattered mix of permanent residences. The Goose Creek Independent School District owns a 20 acre parcel adjacent to the Property which will be incorporated into the development. III. PROPOSED LAND USE The property is outside of the City, and as such is not zoned. The Comprehensive Plan indicates this portion of the planning area as mid -density residential with appropriate commercial uses. The proposed Plan of Development, Figure 2, presents a mid -density development with a wide range of attractive and affordable housing in well-defined neighborhoods. The Plan of Development complies with the intent of the Comprehensive Plan with an overall density not to exceed 4.0 dwelling units per acre based on a maximum of 2,002 homes on 500.5 acres. Figure 3 illustrates the proposed amenities and beautification plan consisting of an integrated network of parks trails and open spaces. Exhibit "C," Page 1 IV. IMPROVEMENTS The following improvements will be built in phases during the development of the project: a. Water Line Improvements • Figure 4 illustrates the proposed water line improvements along Haney Road and Garth Road b. Sewer Line Improvements • Figure 5 illustrates the proposed regional lift station site and easements C. Traffic Improvements • Figure 6 illustrates the general plan for thoroughfares and collector streets. • Figure 7 illustrates the proposed street improvements for Wallisville Road from its intersection with Haney Road to its intersection with Bay River Road. These improvements shall be constructed in concurrence with the development of the land adjacent to Wallisville Road. • Figure 8 illustrates the proposed street improvements for Garth Road from the existing Stripes Convenience Store to the future Fig Orchard Road intersection. These improvements shall be constructed in concurrence with the development of the land adjacent to Garth Road and the school site south of the Coastal Water Authority Canal. • Figure 9 illustrates the proposed street improvements for Garth Road north of the Coastal Water Authority Canal. These improvements shall be constructed in concurrence with the development of land adjacent to Garth Road and north of the Coastal Water Authority Canal. • Figure 10 illustrates the proposed street improvements for the intersection of Haney Road and future Fig Orchard Road. These improvements shall be constructed in concurrence with the development of the land adjacent to Haney Road. Figures 1 through 10 are attached hereto and incorporated herein for all intents and purposes. It is expressly understood and agreed, however, that the attached figures depict the minimum improvements which must be constructed and that the ultimate construction of the improvements shall be in compliance with the requirements of the County. Exhibit "C," Page 2 t- inn __._ __as___ _ �r CA !lam ~ CL! x � � � a g ® § � k w. a ,|•I�|«| « f |,||•2! Q ! Sb R >! � �§` &�f&q c ■ ■ ! | i;H§|mS§ q § J } I, k � t- inn __._ __as___ _ �r CA i w 2 | ■�.,■ � a g ® § � k w. a ,|•I�|«| « f |,||•2! Q ! Sb R �� � �§` &�f&q c ■ ■ ! | i;H§|mS§ q § J } I, k � � ■ Lu U)_ ■ !!� ! o | *aftht*'XtftOAA) wo 9AY RjVk RD_7-' c------ =U 4r JU ir oil sib Imd RYE ROAD lid LLI (U lid "¢+,r ,'.� � 6 Et �' �'' , � �.. •, � •R` fit.' . irs r its I V4 } 7 • 04 o . EXHIBIT "D" DENSITY, LAND USES AND DEVELOPMENT STANDARDS ULDC. The land uses within the Property shall be governed by the standards and requirements of the City's zoning ordinance as revised herein as if the Property was within the corporate limits of the City in the following zoning districts, as more particularly described in the Plan of Development: a. Neighborhood Serving Commercial ("NSC"), b. General Commercial ("GC"), C. Mixed Residential At Low To Medium Densities ("SF2"), d. Medium Density Mixed Residential ("MF -1"), and e. Open Space/Residential ("OR"). 2 . Densi . The Property shall be developed in accordance with the Plan of Development and the ULDC as amended herein. The total number of single-family mixed residential housing units (SF -2) within the Property shall not exceed 1,702 units, and the number of medium density mixed residential units shall not exceed 300 units (MF -1), provided, however, to allow the Developer a certain amount of flexibility to respond to market conditions, any quantity of this section may be increased by up to 10% so long as such variance does not exceed the maximum density of 2,002 dwelling units. This maximum total density (4.0 units per acre) is equivalent to the ULDC density for SF -1. The Developer may develop commercial property (any combination of NSC or GC) not to exceed 10 acres. 3. Land Uses. a. Permitted. The land uses allowed within the applicable zoning districts as noted in the Plan of Development shall comply with the standards set forth in Sec. 2.09 of the ULDC unless specified differently below: Dwelling Unit PC A44 Recycling Collection Center PC PC A41 Telecommunication Facilities PC A37 Single-family residential attached PC PC B14 Single-family residential detached PC PC B17 Two-family dwelling duplex PC PC B18 Private open sace P p p p p Private recreations ace P p p p p Sorts court p p p p p Exhibit "D," Page 1 b. Prohibited. It is expressly understood and agreed that the following uses shall be prohibited: 1. Agriculture 23. Medical waste storage 2. Animals and disposal center 3. Auto body shop 24. Oil or gas wells 4. Vehicle repair, 25. Outdoor sales and commercial display 5. Vehicle repair, non- 26. Outdoor storage commercial 27. Packaging 6. Boat and RV storage 28. Parking, commercial 7. Building, heating, 29. Recreational vehicle plumbing, general, park service or electrical 30. Resource extraction contractors with outdoor 31. Sandblasting storage 32. Self storage 8. Container 33. Slaughterhouse 9. Drilling, oil or gas 34. Supply houses operations 35. Towing yard 10. Equipment sales and 36. Truck stop rental facilities 37. Truck terminal 11. Excavation 38. Vehicle and boat sales, 12. Extended stay motel rental or leasing facility 13. Funeral home 39. Vehicle storage 14. Gravel pit 40. Warehouse and freight 15. Group housing, movement Boardinghouse, 41. Landfills Dormitory, Halfway 42. Wholesale trade house, Orphanage, 43. Industrialized home Group home for 44. Manufactured home substitute care 45. Business regulated by 16. Homeless shelter Article II, Chapter 4 of 17. Hotels and motels the Code of Ordinances, 18. Junk and salvage yard Baytown, Texas; 19. Live outdoor exhibitions 46. Credit access businesses; 20. Manufacturing (custom) 47. Automotive wrecking 21. Manufacturing (heavy) and salvage yards 22. Manufacturing (light) 48. Vehicle storage facilities. C. Land Use Conditions. This section sets forth the conditions associated with land uses set forth in Sec. 3.02 (a) above. All other land uses conditions shall comply with the ULDC. Monopoles less than 85 feet in height are permitted and may be located within 200' from A37 Telecommunication Facilities NSC, GC any property within SF2 or MF1 if separated by a canal. Other telecommunication towers are not Exhibit "D," Page 2 4. Property Development Standards. The minimum property development standards for the Property shall be as follows: Zonin, District Minimum Lot Size (square feet)__j NSC 10,000 GC 10,000 SF2 4,800 JNIF1 2,800 Land Use Minimum Front Building Setback Conditions Outdoor collection centers are allowed only as 50' 155'' or 20' an accessory use if the items being collected A41 Recycling Collection Centers NSC. GC are completely enclosed in containers and 10' 25' Minimum interior side setback separated by opaque screening from all 10' S' S' adjacent uses and all public rights-of-way. Minimum street side setback 25' 25' A dwelling unit is allowed in GC as an A44 Dwelling Unit GC accessory use for on-site security, management 25' NA NA purposes, and municipal utility district Head in parking NA NA purposes. NA P Maximum height (in feet) (a) Each single-family attached dwelling unit 60' 40' 45' shall be situated on a separate legally platted Percent maximum lot coverage 75% 75% lot. 60% 50% Minimum lot frontage (b) Each dwelling unit shall have 2 off-street 75' 40' 1 28' parking spaces. (c) A homeowner's association shall be established and made responsible for the perpetual maintenance and repair of common areas. (d) The maximum number of units per building is four. B14 Single-family dwelling attached SF2, MF1 (e) The minimum number of units per building is two. (f) Each dwelling unit shall have a front and back door on the ground floor that exits to the exterior. (g) Shared open space, each attached development shall have a minimum of 10% common open space not on the lots, accessible to all residents and not used for parking, storage, lift stations and the like. Landscaped and maintained detention facilities are considered qualifying open space. (h) Density shall not exceed 12 units per acre. B17 Single-family detached SF2, MF1 Density may not exceed eight units per acre. B18 I Two-family dwelling duplex SF2, MF1 Density may not exceed twelve units per acre 4. Property Development Standards. The minimum property development standards for the Property shall be as follows: Zonin, District Minimum Lot Size (square feet)__j NSC 10,000 GC 10,000 SF2 4,800 JNIF1 2,800 oil NA Minimum Front Building Setback 50' 50' 155'' or 20' 25' Minimum rear setback 15' 25' 10' 10' 25' Minimum interior side setback 10' 10' S' S' 25' Minimum street side setback 25' 25' 15' 15' 25' Minimum parking lot setback 25' 25' NA NA NA Head in parking NA NA NA NA P Maximum height (in feet) 40' 60' 40' 45' 30' Percent maximum lot coverage 75% 75% 60% 60% 50% Minimum lot frontage 75' 75' 40' 1 28' NA Exhibit "D." Page 3 *25' minimum front building setback for front -loading garages except that any radial, cul-de-sac lots may allow 20' front building setback for front -loading garages. 5. Property Design Standards. All residential buildings shall comply with the masonry, architectural and design standards listed in this section in place of Sec. 3.11 or Sec. 3.12 of the ULDC. Any non-residential building within NSC or GC shall comply with the ULDC. a. Masonry. (1) Single -Family Detached Homes With Attached Garages. All single- family detached homes with attached garages shall have a minimum of 3 sides 100% masonry cover on the first floor, exclusive of doors and windows. (2) Single -Family Detached Homes With Detached Garages Craftsman Style Architecture, and a Minimum Lot Width of 50'. All single-family detached homes with detached garages, a craftsman -style architecture as depicted in Figure D-1, and a minimum of 50' in lot width shall have a minimum of 3 sides masonry and/or horizontal, hardie-plank siding cover on the first floor, exclusive of doors and windows. Such craftsman -style homes are only permitted to be built within MF -1 pods identified on Figure 2 of the Plan of Development. (3) Single -Family Attached Homes. All single-family attached homes must have 100% masonry on the first floor of the front of the home, exclusive of doors and windows. b. Roof Pitch. All single-family attached and detached homes shall have a minimum roof pitch of 6:12. C. Site Design. Sidewalks in conformance with Chapter 122 of the Code of Ordinances, as amended herein, shall be installed from property line to property line at the expense of the property owner in all adjacent rights-of-way prior to the issuance of a certificate of occupancy for a new residential building. d. Landscape Requirements. Each single-family detached home shall have a minimum of two 65 -gallon front yard trees and a minimum of one 65 -gallon street tree. The street tree shall be planted in the right-of-way adjacent to the lot between the street and the sidewalk. Each single-family attached home shall have a minimum of one 65 -gallon front yard tree. e. Recreation Space. The Developer shall provide at least 100 square feet of restricted, landscaped and maintained outdoor recreation or open space for each single-family attached and detached unit within the residential subdivision(s). Recreation or open space must be deeded to the homeowner's association or utility district for ownership and perpetual maintenance. Landscaping in the Exhibit "D," Page 4 right-of-way cannot be counted. Restricted open space reserves of less than 1,500 square feet cannot be counted towards the minimums. Landscaped reserves adjacent to the right-of-way and landscaped detention facilities may count toward this requirement. Fees. The Developer shall be required to pay customary development fees consistent with Section 2-595(1) and (6) of the Code of Ordinances, Baytown, Texas, in effect when due. Exhibit "D," Page 5 EXHIBIT "E" PLATTING AND SUBDIVISION DESIGN STANDARDS 1. Platting The Developer shall be required to plat any subdivision of the Property in accordance with Chapter 126 of the Code of Ordinances, Baytown, Texas (the "City's Subdivision Ordinance"). The subdivision plat shall be subject to review and approval by the Planning and Zoning Commission in accordance with those requirements and procedures and planning standards of the City's Subdivision Ordinance and this Agreement. 2. Subdivision Design. The Developer agrees to comply with the minimum design standards in the City's Subdivision Ordinance as modified herein. Tile modifications shall be only to the extent indicated hereinbelow. ARTICLE I. IN GENERAL Sec. 126-1. Definitions. Outdoor living area means a common outdoor area designed to provide a more pleasant and healthful environment of the occupants of a dwelling unit and the neighborhood in which such dwelling unit is located. It includes natural ground areas, patios, terraces, detention areas or similar areas developed for active or passive recreational activities. Such outdoor living areas shall be owned and maintained by either a Homeowner's Association, or the District. For detention areas to qualify as outdoor living areas they must be developed with trails, benches, landscaping or similar improvements to make them considered assets to the neighborhood. ARTICLE II. ADMINISTRATION DIVISION 2. LOT CONSOLIDATION AND LOT LINE ADJUSTMENT Sec. 126-68(c). Lot Iine adjustment requirements. (c) The lot line adjustment shall not be more than a maximum of five feet average from the existing lot line. DIVISION 4. REVIEW PROCEDURE ARTICLE III. DEVELOPMENTS DIVISION 2. RESIDENTIAL SUBDIVISION IV. TOWNHOUSE SUBDIVISIONS Exhibit "E," Page 1 Sec. 126-346. Definitions. Interior street means a public or private street not more than 900 feet long within a townhouse subdivision, which street is located and designed to serve a limited area within such subdivision and not designed to serve other properties outside the subdivision. Sec. 126-347. Requirements generally. Any development proposed or intended for a townhouse subdivision with the District shall, before any building is commenced, cause a plat of such townhouse subdivision to be approved by the commission, which plat shall be in conformance with all the requirements of this chapter, except to the extent that such requirements are inconsistent with the Development Agreement, which shall control with regard to townhouse subdivisions. Townhouse subdivisions shall be considered MF1 and shall be regulated by Article 3 of the Development Agreement. Sec. 126-350. Lots Deleted Sec. 126-352. Screening walls. Deleted DIVISION 3. COMMERCIAL DEVELOPMENTS. The requirements of this Division 3 are intended to apply to commercial building development plats and not the general platting of restricted commercial reserves. DIVISION 5. PRIVATE SUBDIVISION DEVELOPMENT. Private Subdivision Development shall be allowed on land within the Property following the MF1 or SF2 zoning requirements as applicable pursuant to the Plan of Development and in compliance with the property standards of this Development Agreement. All utility systems shall comply with the requirements of this division and any other applicable regulations as defined in the Development Agreement. Water, sanitary sewer, and storm sewer systems within a private subdivision shall be dedicated to the District and maintained by the District in the same manner as its other water, sanitary sewer, and storm sewer systems. Sec. 126-436. Lot size. All development within a private subdivision shall be in conformance with the MF1 or S172 categories as applicable pursuant to the Plan of Development and shall be regulated by Article 3 of the Development Agreement. Exhibit "E," Page 2 ARTICLE IV. IMPROVEMENTS DIVISION 1_ GENERALLY Sec. 126-460. Sidewalks. Sidewalks conforming to the requirements of the Development Agreement shall be required to be constructed along all roadways abutting property within the platted area. DIVISION 2. DESIGN STANDARDS SUBDIVISION III. LOTS Sec. 126-551. Minimum sizes. The minimum size of lots shall comply with the modifications to the ULDC included in the Development Agreement. Sec. 126-554. Building lines. The building lines shall comply with the modifications to the ULDC included in the Development Agreement. ARTICLE V. ENGINEERING AND CONSTRUCTION STANDARDS DIVISION 2. STREETS Sec. 126-641(c). Widths. Pavement widths of Garth Road, Wallisville Road, Haney Road, and Fig Orchard Road improvements shall comply with the Plan of Development included in the Development Agreement. Exhibit "E," Page 3 EXHIBIT "F" DEVELOPMENT OBLIGATIONS The Developer shall have the following development obligations pursuant to this Agreement and all construction referenced herein shall be constructed in conformance with the City's plans and specifications and are subject to the City Engineer's review and approval: Water Improvements. a. The Developer agrees to tie into the City's water mains on Garth Road and Wallisville Road and construct 12" water mains north along Garth Road and Haney Road to and through the Property as shown in Figure 4 of the Plan of Development. Such lines will be conveyed to the City at no cost to the City. The Developer will dedicate additional road right-of-way along the Property for the water distribution lines and will install the water line in the existing right-of-way off-site from the Property. The Developer will construct a water line distribution system within the Property in accordance with the City's plans, specifications and design guidelines. This internal system shall be owned, maintained and operated by the District. The City may determine, from time to time, that the District's water facilities should be sized to serve areas outside the Property, as well as land within the Property. The Developer hereby agrees that, in conjunction with the Developer's design and construction of the water facilities as set out in this Agreement, the District shall cooperate with the City to include such oversized facilities as requested by the City in accordance with the cost-sharing provisions of Section 114-69(a) of the Code of Ordinances, Baytown, Texas. 2 Wastewater Improvements. a. The Developer agrees to design and construct two local lift stations on the Property and a force main and/or gravity line within an easement granted to Developer by the City on property owned by the City between Wallisville Road and I-10 to tie into the City's existing collection line on I-10. The maintenance of such lift stations and force main and/or gravity line shall be the responsibility of the Developer and/or the District unless the City elects to expand such systems to service areas within the ETJ but outside the Property. b. The Developer shall design and construct one of the two local lift stations on a site sized and designed to accommodate a future regional lift station ("Regional Lift Station Site"). The Developer hereby agrees that in conjunction with the Developer's design of the local lift station and force main on the Regional Lift Station Site, the Developer shall cooperate with the City to include in the site design space for an additional wet well, accessories, lift station and force main ("Regional Lift Station" and "Regional Force Main") if so desired by the City such that the Regional Lift Station and Regional Force Main can be constructed by the City as needed. At the City's sole discretion, the City may elect for Developer to oversize its local lift station and force main at the time of Exhibit' F." Page 1 Developer's construction of such facilities on the Regional Lift Station Site to accommodate service areas within the ETJ but outside the Property at the City's sole cost. The Developer shall dedicate to the City the Regional Lift Station Site along with a 30' sanitary sewer easement to the northern edge of the Property as shown on Figure 5 of the Plan of Development to allow for the City's future expansion of the local lift station and force main as needed to serve areas within the ETJ but outside the Property. Roadway & Sidewalk Improvements. The Developer agrees to comply with the minimum design standards in the City's Street & Sidewalk Ordinances, including Chapter 122 of the Code of Ordinances, Baytown, Texas, and the thoroughfare plan shown as Figure 6 of the Plan of Development. In addition, the Developer shall construct certain off-site road improvements (the "Developer's Road Contribution") outside the Property, as detailed below. It is expressly understood and agreed, however, that the Developer's Road Contribution detailed below describes the minimum improvements which must be constructed and that the ultimate construction of the improvements shall be in compliance with the requirements of the County. Any costs associated with moving water or wastewater lines of the Baytown Area Water Authority or the City as a result of the Developer's Road Contribution shall be borne exclusively by the Developer. a. Wallisville Road. Wallisville Road will be planned as an 80 -foot right-of-way as detailed in the Plan of Development. The Developer shall dedicate approximately 20' feet of right of way along the Property and shall construct approximately one thousand feet (1,000') of Wallisville Road as a two-way divided section from Bay River Road through the Haney Road intersection as shown on Figure 7 of the Plan of Development. b. Garth Road. Garth Road will be planned as a major thoroughfare (100 -foot right- of-way) as detailed in the Plan of Development. The Developer shall construct twenty-eight hundred feet (2,800') of a four -lane boulevard section within existing right-of-way from the north boundary line of the Stripes Convenience Store property to just past the Goose Creek Independent School District site as shown on Figure 8 of the Plan of Development. The Developer does not own or control the right-of-way north of the school site which is in pipeline easements. C. Haney Road. Haney Road will be planned as a collector street (80 -foot right-of- way). Where needed, Developer shall dedicate right of way along the Property and shall construct intersection improvements at Fig Orchard and Wallisville Road as shown on Figure 9 of the Plan of Development. d. Fig Orchard Road. Fig Orchard Road is on the City's major thoroughfare plan as a collector street. Fig Orchard Road will be planned as a 60 -foot right-of-way. The Developer will dedicate the right of way within the Property and construct the intersection improvements only at Garth Road and Haney Road as shown on Figure 10 of the Plan of Development. The Developer does not own or control all of the right of way between Haney Road and Garth Road. Exhibit "E" " Page 2 e. Sidewalks. Sidewalks adjacent to major thoroughfares and within restricted reserves adjacent to major thoroughfares shall have a minimum width of not less than eight feet. Sidewalks in the front and side yards of single-family residences and within restricted reserves adjacent to local streets shall have a minimum width of five feet. 4 Open Space and Recreation Facilities. a. The Developer hereby agrees to dedicate to the Homeowner's Association or District a minimum of 60.0 acres of reserves, parkland and open space (collectively, the "Open Space') and the Homeowner's Association or District shall be responsible for the perpetual ownership and maintenance of the Open Space. b. The City acknowledges and agrees that the Developer may make provisions for park and recreational facilities to serve the Property to be financed, developed, and maintained by the District to the extent authorized by state law. The Developer agrees that any such amenities may be conveyed to the District for ownership and operation and shall not be the responsibility of the City. Private park and recreational facilities available only to residents of the Property will be conveyed to the Homeowner's Association for ownership and operation, and shall not be the responsibility of the City even after the City dissolves the District. 5 Storm Water Facilities. The Developer agrees to comply with the minimum design standards of Harris County. Harris County Flood Control District shall be the floodplain administrator. Upon completion, the storm water facilities shall be deeded to the District for ownership and maintenance. The storm water detention facilities shall remain the responsibility of the District until the District is dissolved by the City, at the City's sole discretion upon expiration of the term of the Strategic Partnership Agreement. Slab on grade construction is permitted so long as the slab is elevated at least 24 inches above the base flood elevation. 6 Off -Street Parking. The Developer agrees to comply with the minimum design standards in the City's Off -Street Parking Ordinance contained in Section 112 of the Code of Ordinances, Baytown, Texas, as amended herein. Attached and detached single- family homes shall have a minimum of two enclosed covered parking spaces and two off- street parking spaces per dwelling unit. All other uses shall comply with Chapter 112 of the Code of Ordinances, Baytown, Texas. Head -in parking, partially in the street right of way is permitted at community recreation centers if each parking space is not less than 20 feet in length and is adjacent to a sidewalk eight feet in width. Exhibit 'T " Page 3 _ 2M�_| LI w CL >4) \ ! o z | | ! !I!!| o — a ■ ■ § � a !■ #.| « ■ ,! |a� r �. �)|I:H§%m8§ S 5�! gi|!\g�! �� Imm V �o°/«a|q£! r ®� • Ax"sWin \��7 2 § 2 �B � z k � | w� f ||| zj $� ' LU U) go q k| h q k -ha %k."" ti k7 r d H 1 `= jV j * s 'r BAY RIY�R RD. +� ' � r 7a -AL . � RYE ROAb ;fit; l 4 f ,If