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Ordinance No. 14,043ORDINANCE NO. 14,043 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE WATER SUPPLY AND WASTE DISPOSAL AGREEMENT WITH CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 2; 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 hereby authorizes and directs the City Manager to execute and the City Clerk to attest to the First Amendment to the Water Supply and Waste Disposal 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 28th day of March, 2019. BRANDON CAPETILLO, Mayor ATTEST: LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: 4NAAACII�ORAMIREZ, S0111 I City Attorney RftK renTileslCity Council Ordinances\2015Uuly 23 CC1132%tersupplyAgreement doc Exhibit "A" FIRST AMENDMENT TO WATER SUPPLY AND WASTE DISPOSAL AGREEMENT This First Amendment to Water Supply and Waste Disposal 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 principally located in Harris County, Texas and Chambers County, 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 WHEREAS, the City and the District entered into that certain Water Supply and Waste Disposal Agreement (the "Agreement"), dated as of July 24, 2015 (the "Effective Date"), pursuant to which the City agreed to provide water supply and waste disposal services to the Service Area (as defined in the Agreement); and WHEREAS, the Agreement required the District to submit a request to obtain alternative capacity requirements ("ACR") from the Texas Commission on Environmental Quality ("TCEQ") in accordance with 30 TAC §290.45(g) within one year of the Effective Date; and WHEREAS, the District has advised the City that it cannot comply with such provision because the TCEQ requires at least three (3) years of water usage before the TCEQ will consider such a request; and WHEREAS, the District is also in the process of annexing land into the boundaries of the District; and WHERAS, the land to be annexed is not currently within the boundaries of the Service Area; and WHERAS, the City charges the District for wholesale wastewater service on the basis of the metered water use in the District; and WHEREAS, the City is not currently deducting the irrigation meter usage in the District from the amount of wholesale wastewater service charged to the District; and WHEREAS, the City and the District desire to amend the Agreement to (i) extend the time period by which the District must apply for the ACR, (ii) include the land to be annexed by the District in the Service Area, and (iii) deduct the amount of irrigation meter usage in the District when calculating the District's wholesale wastewater service charge. 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. Section 1.10 of the Agreement is hereby deleted in its entirety and replaced with the following: 1.10 "Service Area" shall mean all the land described in the attached Exhibit `B", which is incorporated herein for all intents and purposes, and any additional land which is annexed by the District with the City's consent. 3. Exhibit `B" of the Agreement is hereby deleted in its entirety and replaced with the Exhibit `B" attached hereto. 4. The fourth sentence of Section 4.01(a) is hereby deleted in its entirety and replaced with the following: As such, the District is hereby required to submit a request to obtain alternative capacity from the TCEQ in accordance with 30 TAC §290.45(g) on or before April 30, 2019. 5. Section 5.02(b) of the Agreement is hereby deleted in its entirety and replaced with the following: (b) Wastewater Services Charge. The wastewater service charge shall be calculated on the basis of the metered water use as measured by the master meter, less the District's irrigation meter usage, in accordance with the provisions and rates in the City's Sewer Services Rate Ordinance, which may be amended from time to time. A copy of the City's present rate ordinance for sanitary sewer services, as set forth in Chapter 98, Article IV of the Code of Ordinance of the City of Baytown, in effect as of the date of this Agreement, is attached as Exhibit "E," and incorporated herein. The District shall cause its operator to provide the City with the District's irrigation meter usage on a monthly basis in a timely manner. 6. This First Amendment shall continue in force and effect for the same period as the Agreement. -2- 7. 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 S. This First Amendment and the Agreement embody the entire agreement between the City and the District relative to the subject matter hereof and thereof. 9. 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] -3- IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of this day of , 2019. 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 -4- 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 452810