Ordinance No. 14,042ORDINANCE NO. 14,042
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE
DEVELOPMENT AGREEMENT WITH CHAMBERS COUNTY
IMPROVEMENT DISTRICT NO. 2; 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 and the City Clerk to attest to the First Amendment to the
Development Agreement with Chambers County Improvement District No. 2. Said amendment
is attached as 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 affirmative vote of the City Council of the
City of Baytown this the 281h day of March, 2019.
BRANDON CAPETILLO, Mayor
ATT ::
LE ICIA BRYSCH, City Nerk
APPROVED AS TO FORM:co
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ACIO RAMIREZ, , City Attorney f
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Exhibit "A"
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
This First Amendment to Development Agreement (this "First Amendment") is entered
into to be effective as of , 2019, by and between the City of Baytown, Texas, a
municipal corporation and home -rule city which is located in Chambers and Harris Counties,
Texas (the "City"), and Chambers County Improvement District No. 2, a special district created
pursuant to Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution
(the "District").
RECITALS
The City and the District entered into that certain Development Agreement, dated as of
October 24, 2014 (the "Agreement"), pursuant to which the District agreed to construct the FM
565 Water Line and the FM 565 Wastewater Facilities (as such terms are defined in the
Agreement) and the City agreed to pay a share of the cost of the FM 565 Water Line and the FM
565 Wastewater Facilities.
The District is in the process of annexing land into the boundaries of the District and the
District would like to extend the FM 565 Water Line and the FM 565 Wastewater Facilities to
serve the land to be annexed by the District.
The City and the District now desire to amend the Agreement to (i) provide for the
construction of the extension of the FM 565 Water Line and the FM 565 Wastewater Facilities
and for the payment for same, and (ii) include the land to be annexed by the District in the
Property (as such term is defined in the Agreement).
AGREEMENT
For and in consideration of the mutual covenants and terms contained herein and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the City and the District agree as follows:
1. Unless otherwise specifically set forth in this First Amendment, all capitalized terms
herein shall have the meanings set forth in the Agreement.
2. The first recital on page 1 of the Agreement is hereby deleted in its entirety.
3. The definition of "Property" in Section 1.01 of the Agreement is hereby deleted in its
entirety and replaced with the following:
Property means all of the land described by metes and bounds attached hereto as
Exhibit A and depicted in the boundary map and vicinity map attached hereto as Exhibit
B, which are incorporated herein for all intents and purposes. Property shall be defined
as the Property plus any additional land which is annexed by the District with the City's
consent.
4. The third paragraph of Section 3.01 of the Agreement is hereby deleted in its entirety and
replaced with the following:
The Parties agree that a water line will be constructed along FM 565, as shown
and depicted on Exhibit C (the "FM 565 Water Line"), by the District or a developer on
its behalf. The FM 565 Water Line may be constructed in one or more phases or as
separate contracts. The Parties further agree that the water line shall be increased from a
twelve -inch line (12") to a sixteen -inch line (16") in accordance with the following terms
and conditions:
5. The first sentence of Section 3.01(c) of the Agreement is hereby deleted in its entirety
and replaced with the following:
The District shall be obligated to submit plans and specifications for each phase
of construction of the FM 565 Water Line (the "Water Plans and Specifications") to the
City Engineer for approval and/or for required revision and approval by the City
Engineer prior to bidding the FM 565 Water Line.
6. The second and third sentences of Section 3.01(f) of the Agreement are hereby deleted in
their entirety and replaced with the following:
The City will operate and maintain the FM 565 Water Line up to the District's
master meter(s) located on the side(s) of the District's boundary. The specific location(s)
of the master meter(s) shall be determined by and be mutually agreeable to the Parties.
The District shall own, operate and maintain any water line extended from the master
meter(s) to the Property within its boundaries.
7. The third paragraph of Section 3.02 of the Agreement is hereby deleted in its entirety and
replaced with the following:
The Parties agree that a wastewater force main and a section of twelve inch (12")
gravity line will be constructed along FM 565, as shown and depicted on Exhibit D (the
"FM 565 Wastewater Facilities"), by the District or a developer on its behalf. The FM
565 Wastewater Facilities may be constructed in one or more phases or as separate
contracts. The Parties further agree that the force main shall be increased from a six-inch
(6") to an eight -inch (8") line installed in accordance with the following terms and
conditions:
8. The first sentence of Section 3.02(c) of the Agreement is hereby deleted in its entirety
and replaced with the following:
The District shall be obligated to submit plans and specifications for each phase
of construction of the FM 565 Wastewater Facilities (the "Wastewater Plans and
Specifications") to the City Engineer for approval and/or for required revision and
approval by the City Engineer prior to bidding the FM 565 Wastewater Facilities.
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9. The second and third sentences of Section 3.02(f) of the Agreement are hereby deleted in
their entirety and replaced with the following:
The City will operate and maintain the FM 565 Wastewater Facilities up to the
point(s) of connection where the FM 565 Wastewater Facilities connect to the District's
internal wastewater collection system. The specific location(s) of the point(s) of
connection shall be determined by and be mutually agreeable to the Parties. The District
shall own, operate and maintain any internal wastewater collection system constructed by
the District for the collection of wastewater received from customers within the District.
10. Exhibits A through E of the Agreement are hereby deleted in their entirety and replaced
with the Exhibits A through E attached hereto.
11. This First Amendment shall continue in force and effect for the same period as the
Agreement.
12. Except as specifically amended in this First Amendment, the Agreement shall remain in
full force and effect in accordance with its terms and conditions, which terms and
conditions shall apply to this First Amendment. In the event of any conflict between this
First Amendment and the Agreement, the terms and conditions of this First Amendment
shall govern and control.
13. This First Amendment and the Agreement embody the entire agreement between the City
and the District relative to the subject matter hereof and thereof.
14. This First Amendment may be executed simultaneously in counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same
instrument.
[SIGNATURES COMMENCE ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of this
day of 12019.
ATTEST:
(Signature)
(Printed Name)
(Title)
APPROVED AS TO FORM:
(Signature)
(Printed Name)
(Title)
DISTRICT
(Signature)
By:
(Printed Name)
(Date)
(Title)
Chambers County Improvement District No. 2
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CITY
RICHARD L. DAVIS (Date)
City Manager
City of Baytown, Texas
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
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