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Ordinance No. 2,410Ed ORDINANCE NO. 2410 80214 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH PERRY WALKER HOMES, INC. TO FURNISH WATER AND SANITARY SEWER SERVICE TO TIMBER RIDGE DEVELOPMENT AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 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 Mayor and City Clerk of the City of Baytown to execute and attest to a contract with Perry Walker Homes, Inc. to furnish water and sanitary sewer service to Timber Ridge Development. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That this ordinance shall take effect 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 14th day of February , 1978. rM ATTEST: EILEEN P. HALL, City Clerk APPROVED: SCOTT ROUNDS, City Attorney TOM GENTRY, Mayor 80214 - In �l E x x I B I T "A" CONTRACT FOR CONSTRUCTION, DEDICATION AND ACCEPTANCE OF SANITARY SEWER -COLLECTION & WATER DISTRIBUTION SYSTEM_ THE STATE. OF TEXAS 0 COUNTY OF HARRIft._ This contract is made -and entered into as of the date herein last specified by and between the CITY OF BAYTOWN, TEXAS, a municipalcorporation and homerule city which is principally situated and has the City Hall in Harris County, Texas (the "City") and Perry Walker Homes, Inc., a Texas corporation, officed at 1208 East Baker Road, Baytown, in Harris County, Texas (the w'Company"). WITN Whereas, the Company located in Harris County, S E T H: is the owner of certain property outside the corporate limits of the City, and may be referred to as "Tract A" described in Exhibit "A",which is attached hereto and incorporated by reference for all purposes; and Whereas, the company ,is responsible for furnishing water and sewer services to this property. that it is developing for residential and commercial purposes; and Whereas, the City is willing to collect, treat, and dispose. of domestic wastewater collected from said property in order to prevent the such -discharge of effluent into open ditches that flow to the' City; and Whereas, the City is willing to accept and maintain a water distribution system for said property; and Whereas, the parties have determined that they are authorized to enter into this contract by the constitution and laws of.the State of Texas; Now therefore, for and in and the mutual obligations consideration of the premises , covenants, and benefits herein- after set forth, the City and Company agree as follows: SEWER SYSTEM A .. SYSTEM The Company will construct or cause to be constructed a sanitary sewerage collecti area described on Exhibit lift station and a forced the nearest existing City on system capable ofservicing the "A", 11 , attached hereto; including a feed line from the lift station to manhole on Raccoon Drive as shown on Exhibit "B", attached hereto. B. PLANS All plans must be prepared by Company's Engineer and submitted to the Public Work' Director and City Engineer in duplicate for written approval prior to construction. C. SPECIFICATIONS The plans for the sewerage system must be in compliance with the Code of Ordinances of the City of Baytown and all other standards for State.and County should they be different or exceed the standards of the City. D. EASEMENTS Company shall obtain all necessary easements for the construction andmaintenance of the, sewerage system and delivery lines, if any E. CONSTRUCTION All construction will are needed. be at Company's cost and shall be: in strict compliance with the plans and specifications. F. INSPECTION City shall have the right at all times to inspect con- struction for substantialjconformance with the plans and specifications and shall h ave the right to reject any con- struction found that is not in such compliance. G. "AS -BUILT" DRAWINGS Upon completion of construction, Engineers of the Company shall furnish City with at least one (1) set of "as - built" drawings showing the actual location of the system and a certification that the entire system is constructed in compliance with the plans and specifications approved by the City. H. ACCEPTANCE Upon completion of the system and delivery of the "as- built" drawings to City, the Public Works Director and City Engineer will inspect the system. All sanitary sewer lines shall be tested in accordance with the City Engineer's specifications. All materials, labor, and equipment.nec- essary for testingshall be provided by Company. All tests shall be submitted in writing to the City Engineer. Any defects found upon final inspection by City will be promptly corrected by Company. Upon approval of the system by the Public Works Direc- tor and the City Engineer, a statement of acceptance will be promptly issued by City to Company and .the Company shall i forthwith execute and deliver to City a proper deed or dedication transferring to City all right, title, and interest of Company in and to said`improvements, free and clear of all liens and encumbrances, together with adequate easements for maintenance and repair of said improvements. WATER SYSTEM II. It is .stipulated and agreed by and between the parties hereto that Company has installed two (2) water wells, two (2) pumps and a storage tank and all water lines to service the property described on Exhibit "A" attached hereto. Company will furnish to City "as -built" drawings of said system and a certification by the Company's Engineer that the system has been completed and meets the minimum design standards of the Texas Department of Health Resources for water sources treatment distribution and storage. Company shall furnish a. letter from the Texas Department of Health Resources approving the water system, including water quality. It is stipulated and agreed that Company has permits for each of the aforesaid wells from the Harris -Galveston Coastal Subsidence District and that same will be tranferred to City upon acceptance of the set forth. water system as hereinafter Upon delivery of the "as -built" drawings, the City will have the Public Works Director, and City Engineer inspect the system. If the -re are any defects in material or workmanship, same will be promptly corrected by Company. All water lines shall be tested in accordance with the City Engineer's specifications. All material, labor, and equipment nec- essary for testing shall be provided by the Company. All tests shall be submitted in writing to the City Engineer. Upon final approval by the Public Works Director and the City Engineer, a statement of 'acceptance will be issued by City to Company and thereafter the Company shall forthwith execute and deliver to City a proper deed or dedication transferring to City all right, title, and interest of Company in and to said improvements, free and clear of all liens and encumbrances, together with adequate easements for maintenance and repair of said improvements. .GENERAL PROVISIONS III. A. GUARANTEES Upon execution of thi s document, the Company guarantees that all materials and workmanship furnished and supplied in connection with both systems described herein will be free and clear of any defects for a period of one (1) year after acceptance by City. The Company shall also require that all subcontractors performing both of said systems that their materials clear of defects for shal work or furnishing materials on furnish to Company a guarantee and labor performed will be free and a period of one (1) year after accep- tance of each system. In the event Company fails to perform the necessary work to correct defects during the guarantee period, the City will make necessaryy repairs and bill Company for the total cost of the repair work. This guarantee does not abridge, and is not intended to abridge any other guarantee, implied or expressd, provided by law or contract. B. DEED RESTRICTIONS Company agrees to amend its deed restrictions which have been placed on record to'conform with the City fur- nishing to allresidencesof the development:water and sewerage. service in order that .City may charge for such services that amount that the City Council deems pr.oper. Company shall also provide City with properly executed releases from all owners of property in said subdivision subject to the restrictions of,record.and acknowledging that they will be bound by City Ordinances for the charges to be imposed by the City for the utility services to be rendered to -the development. -5- C. FENCING All structures located above ground including lift stations, water wells, and water tanks, shall be enclosed by a fence as .approved by the City Engineer. D. LIABILITY Company agrees to indemnify, save and hold harmless the City for any charges, costs ordebts for material, labor or other expenses incurred in the:; construction of the systems described. herein. Prior to acceptanceof the systems by the City, the Company shall be an d remain liable for any and all damage 'occasioned 'by any neglect, wrongdoing, omission or com±ssion, by any. person, .corporation .or partnership, arising from the construction of the two (2)systems or. the use of the streets for the purpose of constructing said systems and shall indemnify, save and hold harmless the City from any and al:l'actions.at law or in equity and all. charges, debts, liens or encumbrances, which may arise therefrom or thereby. E. .OPERATION Upon acceptance of each system and•the delivery of the deed or dedication as described herein, City shall have the i sole responsibility for operating, maintaining and improving said systems subject to the provisions here.in, and shall have the sole right to charge all users whatever charges, including a charge to prior capital investment in trunk lines of said systems defray the City'.s and plant construction, that may be deemed adequate and appropriate by the City Council of the City of Baytown. EXECUTED this the day of CITY OF BAYTOWN By TOM GENTRY, Mayor , 1978. • :• --ATTEST: El EN'P. HALL, City Clerk _-- APICROVED: 1 SCOTT BOUNDS, City Attorney 2 ATTO!,-. 4• -7- ) CLAUDIA 'WALKER,. -Secretary!' PERRY WALKER HOMES, INC. W W 80214 — All of Lots Twenty -one (21) and the East 165 feet-of Lot Twenty- Two (22) of Block Two (2) of CEDAR BAYOU ESTATES, according*to the recorded Map of Cedar Bayou Estates, filed August 30, 1948, at 10:15-A. M under File No. 556786, to which reference is here made, in Harris County, Texas. EXHIBIT "A" N C N N M T es �t iy 1, , i 1 . 't : I 1 1` s l ` ' 1 1 • I w , -- i 7-- T- Ll L4 �t-. ..