Ordinance No. 13,796ORDINANCE NO. 13,796
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE WASTE
DISPOSAL AGREEMENT WITH CEDAR BAYOU PARK UTILITY
DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown hereby authorizes and
directs the City Manager to execute the First Amendment to the Waste Disposal Agreement with
Cedar Bayou Park Utility District. Said agreement is attached as Exhibit "A" and incorporated
herein for all intents and purposes.
Section 2: This ordinance shall take effe
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED, by tl
City of Baytown this the 28th day of June, 2018.
ATTEST:
LETICIA BRYSCH, C>ty Clerk
APPROVED AS TO FORM:
01NACIO RAMIREZ, SR , ity Attorney
and after its passage by
of the City Council of the
I\COBFSO11LegalMarenTilesTity CounciPOrdinances\2018Vune 28.CedarBayouParkUtilityDistrictAmendmentWasteDisposalAgreement.doc
Exhibit "A"
FIRST AMENDMENT
TO THE
WASTE DISPOSAL AGREEMENT
BETWEEN
THE CITY OF BAYTOWN, TEXAS
AND
CEDAR BAYOU PARK UTILITY DISTRICT
STATE OF TEXAS
COUNTY OF HARRIS
This First Amendment ("Amendment") to that certain Water Supply and Waste Disposal
Agreement between the City of Baytown, Texas, and Cedar Bayou Park Utility District, a
conservation and reclamation district in Harris County created under Section 59, Article XVI, Texas
Constitution, Chapter 53, Texas Water Code, and Chapter 9026 of the Texas Special District Local
Laws Code (the "District"), dated December 4, 2017, is made by and between the same parties on the
date hereinafter last specified.
WITNESSETH:
WHEREAS, the City and the District did enter into a Water Supply and Waste Disposal
Agreement on December 4, 2017 (the "Agreement"); and
WHEREAS, the District and the City desire to amend the Agreement in order to extend the
same under terms and conditions specified herein.
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
I.
Unless a different meaning clearly appears from the context, words and phrases as used in
this Amendment shall have the same meanings as in the Agreement.
H.
2.01 Article II "District's System," Section 2.2 "City Approval of Plans and Specifications" of the
Agreement is hereby amended to read as follows:
ARTICLE II
DISTRICT'S SYSTEM
2.2 City Approval of Plans and Specifications. Prior to the initiation of any
construction for any Alteration of the District's System during the term of this
Agreement, the engineers of the District shall submit to the Director for written approval
First Amendment Waste Disposal Agreement, Pagel
the plans and specifications. No construction for any Alteration of the District's System
shall begin until such plans and specifications are approved in writing by the Director.
The Districts engineer will provide the City, upon completion of any Alteration, with a
certification that the District's System was built in accordance with the City's standard
plans and specifications as approved by the City. Should this agreement remain in effect
after the extended twelve-month term as provided for in Section 6.13, the District shall be
required to provide the City as -built drawings of the current system and any Alteration
thereof.
2.02 Article V "Payment and Terms," Section 5.1 "Impact Fees" of the Agreement is hereby
amended to read as follows:
ARTICLE V
PAYMENT AND TERMS
5.1 Impact Fees. Should the District wish to extend the term of the
Agreement beyond the initial six-month term or the extended twelve-month term, the
District shall pay to the City impact fees pursuant to Chapter 114, Article IV of the Code
of Ordinances, Baytown, Texas, before the expiration of such six-month term. 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.
2.03 Article V "Payment and Terms," Section 5.2 "Monthly Wastewater Service Charge" of the
Agreement is hereby amended to read as follows:
ARTICLE V
PAYMENT AND TERMS
5.2 Monthly Wastewater Service Charge. The District shall pay to the City
in monthly installments a wastewater service charge (to cover the City's operation and
maintenance) equal to the actual consumption of water attributable to the 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 water use or otherwise for each
connected user, consistent with the provisions for such calculation found in the City's
Sewer Service Rate Ordinance, which may be amended from time to time, and this
Amendment. As of June 28, 2018, the applicable meters to be used to make such
calculation include the following: Cedar Bayou Park metered connection, Acct # 1098-
10083 (1919 E Archer Gentry), Acct #1098-23321 (2102 E Archer Transportation
Center), and Acct# 1098-10084 (Archer and Sjolander Stallworth Stadium). A copy of
the City's present rate ordinance for sanitary sewer service, as set forth in Chapter 98,
Article IV 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 $13.75 for the first 2,000 gallons used per
First Amendment Waste Disposal Agreement. Paget
user connection to the District's System and $5.63 for each additional 1,000 gallons used
per user connection to the District's System. The usage per user connection shall be
calculated by dividing the total metered water usage measured by the above -referenced
meters, as hereinafter may be amended, by the number of users in the District as reported
by the District to the City
2.04 Article VI "Miscellaneous Provisions" Section 6.13 "Term" of the Agreement is hereby
amended to read as follows:
ARTICLE VI
MISCELLANEOUS PROVISIONS
6.13 Term. This Agreement shall be in force and effect from September 6,
2017, the date the District tied on to the City's system (the "Effective Date") and
continuing thereafter for six (6) months. Should the District desire to extend this
Agreement for an extended term of an additional six (6) months, it may do so by paying
the monthly wastewater service charge for the additional six (6) months at a rate
determined hereinabove but using the outside city rate specified in Section 98-91 of the
Code of Ordinances, Baytown, Texas, as amended. Should the District desire to extend
this agreement beyond the extended twelve-month term, it may do so by paying impact
fees as referenced in Section 5.01, which will extend the Agreement for an additional
twenty-four (24) years from the Effective Date and the rate will be determined using the
inside city rate specified in Section 98-91 of the Code of Ordinances, Baytown, Texas, as
amended. Thereafter, this Agreement shall be automatically extended for additional five
(5) year terms, unless either party gives written notice of termination one (1) year 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, this Agreement may terminate with respect to such area
at the sole option of the City.
The provisions of this Amendment and the provisions of the Agreement should be read
together and construed as one agreement provided that, in the event of any conflict or inconsistency
between the provisions of this Amendment and the provisions of the Agreement, the provisions of
this Amendment shall control.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one and
the same amendment, this day of , 2018.
I"16
RICHARD L. DAVIS (Date)
City Manager
City of Baytown, Texas
First Amendment Waste Disposal Agreement. Page3
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
DISTRICT
(Signature) (Date)
By:
(Printed Name)
(Title)
Cedar Bayou Park Utility District
ATTEST:
(Signature)
(Printed Name)
(Title)
APPROVED AS TO FORM:
(Signature)
(Printed Name)
(Title)
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First Amendment Waste Disposal Agreement, Page4