Ordinance No. 1,116ORDINANCE NO. 1116
AN ORDINANCE APPROVING MEMORANDUM AGREEMENT BETWEEN
THE CITY OF BAYTOWN AND GULF COAST WASTE DISPOSAL
AUTHORITY AND AUTHORIZING AND DIRECTING THE EXECUTION
THEREOF AND SETTING AN EFFECTIVE DATE.
WHEREAS, it is hereby officially found and determined:
that a case of emergency or urgent public necessity exists which
requires the holding of the meeting at which this Ordinance is
passed, such emergency or urgent public necessity being that the
proceeds from the proposed sewer system revenue bonds and the
Federal grant are required as soon as possible and without delay
for necessary and urgently needed public improvements; that said
meeting was open to the public as required by law; and that public
notice of the time, place and purpose of said meeting was given as
required by Vernon's Annotated Civil Statute, Article 6252--17,
as amended.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF BAYTOWN:
Section 1: That a Memorandum Agreement between the City
of Baytown and Gulf Coast Waste Disposal Authority, in substantially
the form of that attached hereto as Exhibit A hereof, is hereby
approved, and the Mayor and City Clerk of the City of Baytown are
hereby respectively authorized and directed to execute and attest such
an agreement on behalf of the City of Baytown.
Section 2: That this Ordinance shall take effect immediately
upon its passage.
INTRODUCED, READ and PASSED this the 7th day of August
1971.
C. GLEN WALKER; Mayor
ATTEST:
n t/1�-b. J
6i-- �� --
EDNA
OLIVER,
City
Clerk
City Attorn
NEEL
RICAAnSON,
.'
TO THE TEXAS WATER QUALITY BOARD
THE STATE OF TEXAS
WATER POLLUTION CONTROL COMPACT :
MEMORANDUM AGREEMENT BETWEEN THE CITY OF
BAYTOWN AND GULF COAST WASTE DISPOSAL AUTHORITY
WHEREAS, the State of Texas Water Pollution Control Compact was ex-
ecuted to provide a method for the State of Texas to agree to pay, and to
pay, not less than 25% of the estimated costs of all water pollution con-
trol projects in the State of Texas for which Federal grants are to be made
pursuant to clause (7), subsection (b), Section 1158, Title 33, United States
Code, as amended; and
WHEREAS, the Governor of the State of Texas, the Attorney General of the
State of Texas, the Texas Water Quality Board, and the Environmental Protec-
tion Agency of the United States of America, have approved the Compact; and
WHEREAS, the Gulf Coast Waste Disposal Authority (hereinafter called the
"Signatory") is a Signatory to the Compact, and thereby authorized to act for
and on behalf of the State of Texas with respect to water pollution control
projects as provided in the Compact; and
WHEREAS, the City of Baytown (hereinafter called the "City") heretofore
has made an application for a Federal grant of 33% of the costs of a water
pollution control project, as shown by the records of the Texas Water Quality
Board, and said applicant hereby makes and files its supplemental application
for a Federal grant in the aggregate of 55% of the costs of such project, in
accordance with the Compact; and
WHEREAS, the undersigned Signatory has agreed to pay, for and on behalf of
the State of Texas, as a Signatory to the Compact, not less than 25% of the cost
of the aforesaid project, as hereinafter provided; and
WHEREAS, a construction contract for said project was not let prior to
April 15, 1971; and
WHEREAS, arrangements have been made, as hereinafter provided, between
the City and the undersigned Signatory for the State financial assistance of
not less than 25% as of the date of this Agreement.
IT IS THEREFORE AGREED AS FOLLOWS:
1. That the undersigned Signatory agrees to pay, as a Signatory to the
Compact, for and on behalf of the State of Texas, not less than 25% of the
costs of the aforesaid project through the issuance of its bonds pursuant to
Chapter 25 of the Texas Water Code (formerly Vernon's Article 7621g) to pro-
vide the money for constructing not less than 25% (but up to 45% if desired
by the City) of the project.
2. That the Signatory will enter into a joint construction contract
with the City for jointly constructing the project, wherein the City will
agree to pay not less than 550 of the costs of constructing the project and
also to pay the remaining costs of constructing the project, if any, which
are not to be paid by the undersigned Signatory; and the Signatory will pay
for not less than 25% (but up to 45% if desired by the City) of the costs of
constructing the project.
3. That the Signatory and the City will enter into a contract pursuant
to which the Signatory will make available to the City the facilities and
services of its part of the project, and the City will agree to pay to the
11
Signatory, in consideration of constructing, providing, and making available
to the City the facilities and services of its part of the project, such
amounts as will be adequate to assure and provide to the Signatory all of its
expenses, debt service, reserve, and other payments and requirements in con-
nection with the Signatory's bonds, and the Signatory's expenses of partic-
ipation in the project. Payments by the City under said contract shall con-
stitute an expense of operation of the City's combined Waterworks and Sewer
System, as permitted by Chapter 25 of the Texas Water Code and Vernon's
Article 1113.
4. Since the amendment to the Texas Constitution designated as Article
III, Section 49-d-1 was adopted at the election held on May 18, 1971, and
another method for providing the necessary state financial assistance in
order to obtain increased Federal grants is made available pursuant to said
Constitutional amendment, the City reserves the right to terminate or modify
this Memorandum Agreement so as to substitute such other method for providing
the necessary State financial assistance if and to the extent permitted by
law, the Texas Water Quality Board, and the Environmental Protection Agency;
and the undersigned Signatory agrees to assist, and cooperate with, the City
in making such substitution if requested by the City.
EXECUTED this 10th day of August, 1971.
CITY OF BAYTOWN
By �_
C Glen Walker; Mayor
ATTEST:
Edna Oliver, City Clerk
GULF CO WASTE DISP AL AUTHORITY
By Gt.Q-
Chai man, Board of Directors
ATTEST:
S cretary, Board of Directors