Ordinance No. 2,412ORDINANCE NO. 2412
80223
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
WASTEWATER DISPOSAL CONTRACT WITH HARRIS COUNTY FRESH
WATER SUPPLY DISTRICT NO. 27 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,
Texas, hereby authorizes and directs the Mayor and City
Clerk of the City of Baytown to execute and attest to a
wastewater disposal contract with Harris County Fresh Water
Supply District No. 27. A copy of said contract is attached
hereto, marked Exhibit "A," and made a part hereof for all
intents and purposes.
Section 2: This ordinance shall take effect from and
after its passage by the City Council of the City of Baytown,
Texas.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council this 23rd day of February 1978.
ZZ
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TOM GENTRY, Mayor
ATTEST:"
EILEEN P. HALL, City Clerk
APPROVED:
, � 4."1,
SCOTT BOUNDS, City Attorney
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E X H I B I T "A"
802231
WASTEWATER DISPOSAL CONTRACT
BETWEEN CITY OF BAYTOWN, TEXAS,
AND
HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO. 27
THE STATE OF TEXAS 0
COUNTY OF HARRIS 0
This Contract is made and entered into as of the date
herein last specified by and between the CITY OF BAYTOWN,
TEXAS, a municipal corporation and home -rule city which is
principally situated and has its City Hall in Harris County,
Texas (the "City "), and HARRIS COUNTY FRESH WATER SUPPLY
DISTRICT NO. 27 of Harris County, Texas, (the "District "), a
body politic and corporate and a governmental agency of the
State of Texas, organized under the provisions of Article
XVI, Section 59 of the Texas Constitution and Chapter 54,
Texas Water Code ( "District No. 27 ").
W I T N E S S E T H:
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The District was created, organized and exists for the
purpose of furnishing water, sewer and drainage services to
the area within its boundary. The area within the District
lies outside the corporate limits of the City and may be
referred to as "Tract A," described by metes and bounds in
Exhibit "A," which is attached hereto and incorporated by
reference for all purposes.
The District will provide or cause to be provided a
sanitary sewer collection system to serve the residents of
the tract described above, and it will be necessary for the
District to cause the treatment and disposal of the waste
collected by such systems. Under the City's "Master Plan
for Sanitary Sewage ", the City's Central District Sewage
Treatment Plant (the "West Main Plant ") is designed to serve
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a tributary area including Tract A. To promote orderly
development, the City is desirous of treating and disposing
of wastes collected within Tract A, and will be able to
furnish such waste treatment and disposal services within
the limitations as stated herein, and the District is willing
to deliver waste collected by its sanitary sewer collection
system to the City for treatment and disposal at the West
Main Plant.
The parties have determined that they are authorized to
enter into this Contract by the Constitution and the laws of
the State of Texas, particularly the Regional Waste Disposal
Act (codified as Chapter 25 of the Texas Water Code).
Agreement
For and in consideration of the premises and the mutual
obligations, covenants and benefits hereinafter set forth,
the City and District agree as follows:
ARTICLE I
DEFINITIONS
Section 1.1: Definitions. The following terms and
phrases used in this Contract shall have meanings as follows:
DIRECTOR: "Director" shall mean the Director of Public
Works of the City of Baytown.
INDUSTRIAL WASTE: "Industrial Waste" shall mean waste
resulting from any process of industry, manufacturing,
trade, or business from the development of any natural
resource, or any mixture of the waste with water or normal
wastewater, or distinct from normal wastewater.
INFILTRATION WATER: "Infiltration Water" shall mean
water or other waste which enters a sanitary sewer system by
means other than by a permitted connection; "infiltration
water" includes water which leaks into a sanitary sewer
system.
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PROHIBITED WASTE: "Prohibited Waste" shall be those
discharges proscribed by the City of Baytown's Industrial
Waste Ordinance, Ordinance No. 1765, a copy of which is
attached hereto as Exhibit "C" and for all purposes made a
part of this Contract. All future amendments to Ordinance
No. 1765 shall apply to this Contract when such amendments
are adopted.
SANITARY SEWER COLLECTION SYSTEM: "Sanitary Sewer
Collection System" shall mean the sanitary sewer collection
system(s) and any extensions thereof and additions thereto
that the District Shall construct or acquire or cause to be
constructed or acquired from time to time. The sanitary
sewer collection system shall include all mains, laterals,
connections, lift stations, and other appurtenances.
SEWAGE: "Sewage" shall mean waste water excluding
industrial wastewater discharged by a person into sanitary
sewers and in which the average concentration of total
suspended solids is not more than 250 mg /1 and B.O.D. is not
more than 250 mg /1.
WASTE: "Waste" shall mean sewage and industrial waste
collected by a sanitary sewer system, together with such
infiltration water as may be present, provided that such
system is constructed in compliance with City specifications
and is continually and promptly maintained and repaired.
ARTICLE II
CONSTRUCTION BY DISTRICT: POINTS OF DISCHARGE AND TITLE
Section 2.1: Construction by District of its Sanitary
Sewer Collection System. The District plans for its sanitary
sewer collection system to eventually carry all waste collected
within Tract A to the City's Craigmont lift station as shown
in Exhibit "B" attached hereto and incorporated by reference
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for all purposes. The District will construct or cause to
be constructed the Sanitary Sewer Collection System in
accordance with plans and specifications prepared by the
District's consulting engineers following the City's standards.
All plans and specifications shall be approved by the City's
Director of Public Works and City Engineer.
Section 2.2: Approval of Construction Plans and Specifi-
cations Before and After Construction. Prior to the initiation of
any construction of the Sanitary Sewer Collection System the
engineers of the District shall submit to the City's Director
of Public Works and City Engineer for their written approval
two sets of plans and specifications for the Sanitary Sewer
Collection System. No construction of the Sanitary Sewer
Collection System shall begin until such plans and specifi-
cations are approved in writing.by the Director of Public
Works and City Engineer. Engineers of the District will
provide the City, upon completion of the contruction, with
one set of "as built" drawings, meeting approval by the
Director of Public Works and City Engineer, and a certifica-
tion that the Sanitary Sewer Collection System was built in
accordance with the City's standard plans and specifications
and as indicated in the "as built" drawings. The District
will likewise obtain approval for and supply the City with
"as built" drawings and similar certification for any sub-
sequent alterations or modifications made on the Sanitary
Sewer Collection System during the term of this Contract.
The District specifically grants the City the right to
inspect at any time any and all construction for substantial
conformance with the City's standards and the approved plans
and specifications. Should any such construction at any
time, during construction or after completion, be found to
not conform in some material respect with the City's standards
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or the approved plans and specifications, then the District
shall immediately upon written notice of such non- conformance
take those remedial steps necessary to meet the required
standards. It shall be the District's burden of proof to
establish that any non - conformance complained of by the City
is not material for the purposes of this section of the
Contract. Failure to act expeditiously, as determined by
the circumstances of each instance, to cure the material
non - conformance following notice of such non - conformance
shall constitute a material breach of this Contract, for
which the City may, and the District explicitly recognizes
the City's right to terminate this agreement and to seek all
remedies at law or in equity necessary to enforce this
provision.
Section 2.3: Ownership and Maintenance of the Sanitary
Sewer Collection System. The District shall own, maintain,
and operate the Sanitary Sewer Collection System; PROVIDED,
HOWEVER, that should the District be remiss in their duty to
operate and maintain the Sanitary Sewer Collection System in
a manner consistent with sound engineering principles, and
such failure to properly operate the Sanitary Sewer Collection
System becomes a danger to the continued proper operation of
any portion of the City's system, then immediately following
such written notice of the foregoing circumstances as is
reasonably possible considering the exigencies of the situation,
the City may take whatever steps are necessary to preserve
the integrity of its own system, including, but not inclusive
as remedies, declaring this Contract breached and discon-
necting service, or seeking equitable relief from a court of
law to compel proper operation of the system. Such relief
shall be in addition to such other relief as provided else-
where herein. PROVIDED, HOWEVER, the City may assert a
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right to terminate or abridge service under this section of
f the Contract following the above notice only after the
District has been afforded a reasonable opportunity to
remedy such operational or maintenance related neglect or
errors and re- establish the operation and maintenance of the
Sanitary Sewer Collection System in a manner consistent with
sound engineering principles and the District has failed to
do so.
Section 2.4: Completion of Construction. Upon comple-
tion of the construction provided for in Section 2.1 the
City agrees to receive and take from the District, for the
price and at the point or points of delivery hereinafter
provided, and the District agrees to discharge, for such
price as provided in Section 5.1 of this Contract and at
such point or points of delivery, such volumes of waste at
such times as hereinafter provided in Article IV of this
Contract, consistent with other limitations as stated herein.
Section 2.5: Points of Discharge. The initial point
of discharge will be at the wet well of the City's Craigmont
lift station as shown in Exhibit "B ". The parties to this
Contract may, by mutual consent, designate additional or
substitute points of discharge to serve the sanitary sewer
collection system.
Section 2.6: Title to and Responsibility for Waste.
Title to, possession and control of waste shall remain in
the District to the point or points of discharge as provided
in Section 2.5 or other points of discharge mutually agreed
upon where title to, possession and control of waste shall
pass to the City, and the City shall take such title, pos-
session and control of waste at such point or points of
discharge and shall be solely responsible for treatment and
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disposal of such waste; the City shall be under no responsib-
ility to accept those waste materials which do not conform
with quality or quantity standards as otherwise specified
herein including "prohibited waste ", and may terminate this
Contract for failure to comply with such standards.
ARTICLE III
OPERATION AND MAINTENANCE OF
SANITARY SEWER COLLECTION SYSTEM
Section 3.1: Plumbing Code. District covenants and
agrees to comply with the City's current plumbing code for
sanitary sewer facilities by adopting similar provisions and
agrees to not allow connections to its sanitary sewer collection
system except as compliant with the standards established by
City's code.
District agrees that it will not permit plumbing work
relating to sewer service to be performed on any premises in
the District unless a plumbing permit therefor has first
been obtained from the District and the District further
agrees that no such plumbing work will be permitted to be
connected to the Sanitary Sewer Collection System unless
such work shall have first been inspected and approved by a
District Plumbing Inspector.
District further agrees that all plumbing connections
shall be maintained in compliance with the plumbing code
requirements of the City of Baytown and that to enforce this
provision City of Baytown Inspectors shall be permitted to
act for and on behalf of the District in making inspections
and that the District will enforce any notices issued by
such Inspectors and which are not complied with by discon-
tinuing sewer service when this may be legally done upon the
request of the City so to do.
Should the District for any reason fail to enforce the
standards established by the City plumbing code for sewer
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facilities, or should the District fail to comply with the
foregoing provisions of this Section, the City, in addition
to any right herein reserved to itself, may, and the District
explicitly recognizes the City's right to (following reason-
able written notice by the City to the District of the
nature of the non - compliance), terminate this Agreement,
terminate or abridge service, or seek all remedies at law or
in equity necessary to enforce this provision, PROVIDED,
HOWEVER, the City may assert such remedies following the
above notice only after the District has been afforded a
reasonable opportunity to remedy such non - compliance and has
failed to do so.
Section 3.2: Outside Service Contracts. All parties
to this Contract specifically agree and acknowledge that
proper maintenance of the Sanitary Sewer Collection System
by the District is of paramount importance and has a con-
tributing effect upon the ability of the City to maintain
and operate its own sewer system. Therefore, recognizing
the City's interest in the proper maintenance of the District's
system, the District agrees that should the District desire
to delegate responsibility for maintenance or for supervision
or maintenance of its system to any other entity, such as a
private service corporation, association, individual, or
other similar agency, rather than maintain its system through
use of its own employees, then any such proposed service
arrangement, by written contract or otherwise, must be
approved by the Director of Public Works prior to its
execution by the parties. In addition, any such service
agreement shall contain a clause terminating the service
agreement as to the District on the date of annexation of
such District by the City of Baytown. Furthermore, the
District agrees that failure to acquire the above approval
of the Director or to include the above provisions for
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termination of service shall constitute a material breach of
this Contract for which the City may, and the District
explicitly recognizes the City's right to terminate this
Contract or to seek any other relief at law or in equity
necessary to enforce the terms of this provision.
Section 3.3: Industrial Waste. The effect of certain
types of industrial waste upon sewers and waste treatment
and disposal processes are such as to require that careful
and special consideration be made of each connection dis-
charging industrial waste. Accordingly, District will
regulate the discharge of industrial waste from within its
boundaries into its Sanitary Sewer Collection System, and in
turn into the City's sanitary sewer system, including any
requirements for pretreatment before discharge into the
Sanitary Sewer Collection System if necessary to meet the
quality requirements as stated in the City's industrial
waste ordinance or as required by any regulatory agency with
proper jurisdiction, and will permit no such discharge
without prior written approval from the Director of Public
Works. The applicant industry and the District shall file a
statement with the City's Director of Public Works, containing
the following information:
(1) Name and address of applicant;
(2) Type of industry;
(3) Quantity of waste;
(4) Typical laboratory analysis of the waste;
(5) Type of pretreatment proposed;
and such other information as the industrial waste ordinances
of the City may from time to time require. District will
permit no industrial waste connections until same are approved
in writing by the City's Director of Public Works, but
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the City (subject to the specific requirements stated herein)
agrees to permit connections to discharge industrial waste
into the sanitary sewer collection system upon the same
terms and conditions and subject to the same restrictions
and requirements as the City permits such discharges and
connections to its sanitary sewer system within the City's
corporate limits in accordance with the City's ordinances
and rules and regulations promulgated pursuant thereto and
in effect at the time each application is received, including
compliance with all the requirements of the City Industrial
Waste Ordinance, Ordinance No. 1765, a copy of which is
attached hereto as Exhibit "C ", and for all purposes made a
part of this Contract; provided, however, the City shall not
under any conditions be required to accept "prohibited
waste." All future amendments to Ordinance No. 1765 shall
apply to this Contract when such amendments are adopted.
District specifically agrees to adopt for purposes of
setting rates those classifications of industrial and
commercial activity and those industrial waste standards stated
in the City of Baytown sewer rate ordinance and industrial
waste ordinance. In addition, District agrees that all such
activity will comply with all requirements for connection to
the City sewer system, including acquiring appropriate District
Industrial Wastewater Discharge Permits. As a condition of
connection to the System, all industries located within the
District shall agree in writing to (1) contribute to any
Industrial Cost Recovery Program imposed upon similar industries
within the City of Baytown and to (2) provide to the Director
on a biannual basis the results of a full and complete
analysis of their effluent for those parameters stated in
the City's industrial waste ordinance, including as a minimum
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BOD, TSS, COD, oil and grease, and heav\
' to be performed by an independent testin.,
Iiw;
by the Director.
Section 3.4: Waste to Comply with
;-
Discharges of waste into the sanitary sev.
-,,
system of the District shall comply with
Ordinances and standards, including the
waste ordinance if appropriate. The Distrj
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to assume the responsibility to enforce : -t...
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City ordinances with respect to unpermiss
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prohibited wastes originating from withi:
-:e uric
District shall not permit the discharge
:.rly "pryi it
waste", as that term is defined herein;
I i
with this requirement shall constitute
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this Contract for which the City may, a
recognizes the City's right to terminat
seek any other relief at law or in equi.
Section 3.5: Seepage and Infiltra.
agrees that it will adopt and enforce w:
bylaws and /or provisions in all contrac
any and all customers designed to insure
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the Sanitary Sewer Collection System wile.
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prevent as much as feasibly possible the
I
system of anything except waste; and in p
without limitation thereto, that no drai,
shall bra u:•
or connected in such manner that any r�
surface waters are permitted to enter s-
Collection System; and, in addition, that-'
Collection
c;• t
will be taken to prevent any abnormal sc
or discharge of any solid matter into
ninety (90) days following the date of
t of • i s
Contract District shall supply the Dire
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rules, regulations, and contracts, including a statement of
measures designed to enforce such provisions. District
promises to initiate whatever lawful actions are necessary
to disconnect any customer who, following notice, refuses to
remove noncompliant connections. District will routinely
inspect all connections at the time made and continue to
monitor the system as a whole to detect infiltration and
unpermitted connections. District further agrees to continuously
maintain its systems so as to prevent any abnormal seepage
or infiltration or discharge of any solid matter into said
system.
It is hereby stipulated and agreed by District that the
damages which would result to the City from violation of
this provision as to the prevention of abnormal seepage or
infiltration or the discharge of solid matter or surface
water into the sanitary sewer system would be difficult of
ascertainment. District recognizes that the City has reserved
capacity for the District in its West Main Sewer Plant only
for the volumes of waste stated in Table 4.1 herein. Further-
more, District recognizes the additional costs which would
accrue to the City to provide additional treatment capacity
above and beyond that called for in Table 4.1. Therefore,
District covenants and agrees to pay the additional charges
provided for in Section 5.1 (c) for such excess infiltration.
It is further agreed that the City's inspectors shall have
the right to make such inspections as are necessary to
insure that each District is making adequate and proper
repairs for the purpose of safeguarding the City's sanitary
sewer system.
The foregoing provisions for additional charges shall
not be construed as giving the District any rights upon or
by virtue of the payment of such amounts to cause or permit
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any such violations, and the provisions for additional
charges shall not prejudice or limit the right of the City
to exercise any other right or remedy which it might have
for enforcement or to require compliance with the provisions
of this Contract, including the right to declare the Contract
in breach or to seek injunctive relief for compliance with
its provisions.
Section 3.6: Participation in State and Federal Grant
Program; Contribution to Costs. District recognizes that
the City of Baytown is presently participating in a federally
funded grant program for the construction of sewage treatment
plants under the provisions of the Federal Water Pollution
Control Act, P.L. 92 -500. Furthermore, District recognizes
that the City may in the future participate in similar
federal or state programs. As part of such programs, and
consistent with the City's successful participation and
sharing in grant funds, certain responsibilities may be
imposed upon the City with respect to compliance with state
and /or federal rules and regulations regarding contributors
to the City's wastewater system. District recognizes that
by virtue of this Contract they are contributors to the
City's system, and shall take all necessary steps to enable
the City to continue to comply with such programs and bear
its pro rata share of the expense of such compliance. More
specifically, District authorizes the City and its represen-
tatives to enter District property and to conduct those
tests, including infiltration /inflow analysis, smoke tests,
or other similar analysis as required under the provisions
of the Federal Water Pollution Control Act and the City's
Federal Grant Agreements to characterize the condition of
the District's Sanitary Sewer Collection System. District
agrees to pay the costs of such analysis of their Sanitary
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Sewer Collection System not refunded by the state or federal
government to the City. In addition, District agrees to pay
the unrefunded cost of any remedial measures necessary to
improve the District's Sanitary Sewer Collection System
compliant with state or federal requirements and agrees to
see that such remedial measures are timely taken. District
recognizes that such measures are necessary to the City's
own continued compliance with state and federal requirements,
and that failure on the part of the District to comply with
this section shall constitute a material breach of this
Contract for which the City may, and the District explicitly
recognizes the City's right to terminate this Contract or to
seek any other relief at law or in equity necessary to
enforce the terms of this provision.
ARTICLE IV
SCHEDULE FOR ACCEPTANCE OF WASTE;
VOLUMES OF WASTE TO BE ACCEPTED
Section 4.1: Generally. The District and the City are
aware that only a finite capacity for waste treatment exists
at any given time for the West rain Sewage Treatment Plant
and further, that the efficient operation of the City's West
Alain Treatment Plant consistent with State and Federal laws
was a condition of the City's decision to provide service
under the provisions of this Contract. Preliminary to
entering into this Contract, the District was required to
submit to the City estimates of the incremental volumes of
sewage flows to be delivered to the City's West Main Plant
under the terms of this Contract. In accordance with these
figures, City will, for the compensation stated elsewhere
herein, accept the volumes of waste in the intervals shown
in Table 4.1 on the next page during the term of this Contract.
The values listed in the column headed "Total Acceptable
Volume gpd, at date shown" are the volumes of waste which
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the City shall accept on a daily basis, including peak
flows, from the District at the dates shown and for the
compensation stated in Section 5.2 (a) and (b) herein,
without Additional Compensation as provided in Section 5.2
(c) herein. The volumes shown at each date are the maximum
acceptable volumes at that date and during the succeeding
interval until the next date shown.
The additional capacity provided in the column headed
"High Flow Allowance, gpd (1007o)" represents an allowance of
100% over the permitted flow for high flow contingencies and
infiltration during the life of the Contract.
As part of its obligation under this Contract, District
agrees to purchase and install at the point of discharge, or
some other location on its system acceptable to the Director
of Public Works, a flow metering device capable of recording
total throughput on a daily basis for at least a week's time
to record flows, including peak daily flows, as stated in
Table 4.1. A pressure differential device, magnetic flow -
meter, sonic device, or other similar device of suitable
accuracy and design acceptable to the Director of Public
Works shall be used. This device shall be the sole reporting
device used to determine the flows stated in Table 4.1
above. District shall maintain this device in good operating
J]'
condition at all times and calibrate it for accuracy at
least once every six (6) months. The City shall have the
right to inspect this device at all times and to take readings
from it. If the City's inspection shows that the metering
device is failing to register or more of the actual
wastes being discharged, then the District shall bear the cost
of the inspection and recalibration. The District shall
within ten (10) days at the request of the City render any
and all repairs or replace said device if necessary to
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continue providing accurate readings. The District covenants
and agrees to render monthly reportings to the City of the
readings made from such meter. Said readings shall be made
on the first regular business day following the first day of
each month.
The District covenants and agrees that the City has
reserved capacity for the District in its sewer plant only
for the volumes of waste stated in Table 4.1 at the intervals
stated therein. Furthermore, District, recognizing that any
additional waste treatment capacity in the West Main Plant
which the City may acquire shall represent an additional
capital cost to the City of Baytown for which the District
has made no direct prior contribution under the terms of
this Agreement, and that such additional capacity shall be
necessary to properly service the future needs of the citizens
of the City of Baytown and further recognizing that additional
needs in excess of this future planned capacity will cause
inordinate expense to the City because engineering techno-
logy dictates that the most efficient treatment facilities
are built in increments larger than nominal size, covenants
and agrees that should District's needs for whatever reason
(including infiltration) exceed those stated in Table 4.1
by virtue of such excess, and District agrees to pay the
Additional Compensation as provided in Section 5.2 (c) of
this Contract. As stated in Section 3.5 herein, the pro-
visions for Additional Compensation shall not be construed
as giving the District any right upon or by virtue of the
payment of such amounts to cause or permit any such excesses
and the provision for Additional Compensation shall not
prejudice or limit the right of the City to exercise any
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above, based on
daily readings
for total throughput, then
the City shall
be exposed to an
inordinate cost of treatment
by virtue of such excess, and District agrees to pay the
Additional Compensation as provided in Section 5.2 (c) of
this Contract. As stated in Section 3.5 herein, the pro-
visions for Additional Compensation shall not be construed
as giving the District any right upon or by virtue of the
payment of such amounts to cause or permit any such excesses
and the provision for Additional Compensation shall not
prejudice or limit the right of the City to exercise any
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other right or remedy which it might have for enforcement or
to require compliance with the provisions of this Contract,
including the right to declare this Contract in breach or to
seek injunctive relief for compliance with its provisions.
Section 4.2: Service Contracts With Other Entities.
The District covenants and agrees that the purpose of this
Contract is to provide sewer service solely to the District.
The District warrants that it shall not permit other entities
located outside the District's boundaries to connect to the
District's sewer system during the term of this Contract
without the express consent and approval of the City Council
of the City of Baytown. Failure to comply with this pro-
vision shall constitute a material breach of this Contract.
ARTICLE V
PAYMENT, TERINIS AND CONNECTION CHARGE
Section 5.1: District recognizes that the City has a
prior capital investment in trunk sewer and plant construction
and that the City tax revenue in part provides the capital
and maintenance costs for the City's sewer facility. The
District therefore agrees to pay the City a sum equal to
$100.00 per each single - family residential connection, or
equivalent as determined by the Director of Public Yorks,
within the District's system on the day the City commences
taking waste from the District.
Section 5.2: Charges. It is agreed that District will
pay to City monthly payments in three parts computed as
follows:
(a) Service Charge. A service charge (to
cover the City's operation, maintenance and fixed
costs) of twice the City's minimum charge and one and
one -half times the amount for additional charges, such
charges to be based upon the average consumption of
water for like services within the City limits for
waste which is gathered by the sanitary sewer collection
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system of the District, delivered to the City at the
point or points of discharge, and treated by the City's
West Main Plant. The average consumption for like uses
shall be reviewed annually. The charge shall be calcu-
lated on the basis of the metered water use or otherwise
for each connected user, consistent with and following
explicitly the provisions for such calculations found
in the City's sewer rate ordinance or industrial waste
ordinance, whichever may be appropriate for the individ-
ual user. A copy of the City's present rate ordinance
for sanitary sewer service, City of Baytown Ordinance
' No. 944, in effect as of the date of this Contract, is
attached as Exhibit "D," and incorporated herein; a
copy of the City's present ordinance for disposal of
industrial waste, City of Baytown Ordinance No. 1765,
in effect as of the date of this Contract, is also
attached as Exhibit "C" and incorporated herein.
(b) Connection Charge. For each connection made
to the sanitary collection system of the District after
, a one -time connection charge
(to cover the City's prior investment in trunk sewer
and plant construction):
(1) for each single - family residential.
connection, the sum of $100; or
(2) for each multi - family residential con-
nection, a sum equal to $100 per living
unit served by such connection; or
(3) for each non - residential connection, a
sum to be determined by computing $100
times the number of equivalent residential
connections made, but in no event less
than $100. In all such instances, the
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Director of Public {Yorks shall decide
the number of equivalent residential
connections represented by each non-
residential- connection.
(c) Additional Service Charge. District
recognizes that the City has reserved capacity for the
District in its West Main Sewer Plant only for the
volumes of waste stated in Table 4.1 herein at the
intervals stated therein. Furthermore, District
recognizes the additional costs which would accrue to
the City to provide additional treatment capacity above
and beyond that called for in the above Table 4.1
should the District's needs exceed those stated therein.
Therefore, District convenants and agrees to pay an
additional charge for those volumes delivered in excess
of the amounts stated as "Total Acceptable Volume" in the
Table 4.1 on a daily basis at the rate of four (4)
times the highest rate, calculated on a per gallon
basis, then existing for sewer service within the City
of Baytown, or Three Hundred ($300.00) Dollars per
month, whichever amount is greater.
Section 5.3: Right of Inspection. City shall have the
right at any time by actual count or by an inspection of
District's books, records, and accounts, to determine the
number of connections served by the District. It shall be
the duty of the officials of the District to cooperate fully
with the City in checking or determing the number of connections
served by the District. District's books, records, and
accounts shall be open for inspection at all reasonable
hours by any authorized representatives of the City.
Section 5.4: Billing and Payments. Beginning on the
date when the City first commences taking waste from the
District through the City's West Main Plant, District shall
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count and certify to the City the number of connections in
use on said first day and thereafter the District shall
render to the City on the first day of each month an accounting
of the service charges as provided in Section 5.2 (a) and
5.2 (c) and of connections in use during the preceding
quarter as described in Section 5.2 (b). On receipt of the
above described accounting, the Director of Public Yorks
will bill the District for the service charges accrued
during the preceding month. Payment by the District to the
City shall be in cash and payments will be made within
thirty (30) days following the receipt of the bill. The
City shall have the right to verify submitted quantities of
any and all connections by on -site investigation.
Any sums payable by the District to the City under this
Contract which are not paid within thirty (30) days fol-
lowing the receipt of the bill shall bear interest at the
rate of ten percent (10°x) per annum from the date such
indebtedness matured until payment. If, in the event of any
default, the amount so past due and unpaid, including interest
thereon, is collected by the City by suit, there shall be
reasonable attorney's fees added thereto not to exceed ten
percent (100) computed thereupon for collection thereof by
suit.
Section 5.5: Service Charge Modifications. Although
the City believes that the present charges for such services
as set forth in Section 5.2 (a) and 5.2 (c) herein are fair
and reasonable, nonetheless, the parties realize that due to
unforeseen contingencies, the City may increase the charges
for such services to out -of -city areas, either by amendment
of the rate schedule for like services within the City
limits upon which the service charges levied hereunder are
based, or by other means. It is agreed, however, that such
charges shall not be increased as to the District during the
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9
term of this Contract unless the rates for other similar
out -of -city customers purchasing such services from the City
are also increased.
Section 5.6: Operating Expense and Covenants as to
Rates. The sum to be paid the City by the District under
the terms of this Contract are declared by the District to
be an essential cost of operating and maintaining the District's
sanitary sewer collection system as a part of the District's
combined waterworks, sanitary sewer and drainage system, and
such costs shall be a first charge upon the gross revenues
received from the District's operation of said combined
system. District agrees to establish and maintain rates
sufficient to pay all costs and expenses of operation and
maintenance of its combined system.
ARTICLE VI
MISCELLANEOUS PROVISIONS
Section 6.1: Force Majeure. In the event any party is
rendered unable, wholly or in part, by force majeure, to
carry out any of its obligations under this Contract, it is
agreed that on such party's giving notice and full partic-
ulars of such force majeure in writing or by telegraph to
the other party as soon as possible after the occurrence of
the cause relied upon, then the obligations of the party
giving such notice, to the extent it is affected by force
majeure and to the extent that due diligence is being used
to resume performance at the earliest practicable time,
shall be suspended during the continuance of any inability
so caused as to the extent provided, but for no longer
period. Such cause shall as far as possible be remedied
with all reasonable dispatch.
The term "force majeure" as used herein, shall include,
but not be limited to, acts of God, strikes, lockouts or
G
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other industrial disturbances, acts of the public enemy,
war, blockades, insurrections, riots, epidemics, landslides,
lighting, earthquakes, fires, storms, floods, washouts,
droughts, tornadoes, hurricanes, arrests, and restraints of
governments and people, explosions, breakage or damage to
machinery or pipelines and any other inabilities of either
party, whether similar to those enumerated or otherwise, and
not within the control -of the party claiming such inability,
which by the exercise of due diligence and care such party
could not have avoided.
Section 6.2: Approval. Whenever this Contract requires
or permits approval or consent to be hereafter given by any
party, such approval or consent, if finally given, shall be
effective without regard to whether such approval or consent
is given before or after the time required herein. Such
approval or consent shall be evidenced by an ordinance or
resolution adopted by the governing body of the party, or by
an appropriate certificate executed by a person, firm or
entity previously authorized to determine and give such
approval or consent on behalf of the party pursuant to an
ordinance or resolution adopted by the governing body,
unless stated otherwise herein.
Section -6.3: Address and Notice. Unless otherwise
provided in this Contract, any notice, communication, request,
reply or advice (herein severally and collectively, for
convenience, called "Notice ") herein provided or permitted
to be given, made or accepted by any party to the other must
be in writing and may be given or be served by depositing
the same in the United States mail, postpaid and registered
or certified and addressed to the party to be notified, with
return receipt requested, or by delivering the same to an
officer of such party, or by prepaid telegram, when appro-
priate, addressed to the party to be notified. Notice
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deposited in the mail in the manner hereinabove described
shall be conclusively deemed to be effective, unless other-
wise stated in this Contract, from and after the expiration
of three (3) days after it is so deposited.
Notice given in any other manner shall be effective
only if and when received by the party to be notified. How-
ever, in the event of service interruption or hazardous
conditions, neither party will delay remedial action pending
the receipt of formal notice. For the purpose of notice,
the addresses of the parties shall, until changed as herein-
after provided, be as follows:
If to the City, to:
Director of Public Works
City of Baytown
P. 0. Box 424
Baytown, Texas 77520
If to the District, to:
President
Harris County Fresh Water Supply District No. 27
P. 0. Box 712
Baytown, Texas 77520
The parties shall have the right from time to time and at
any time to change their respective addresses and each shall
have the right to specify as its address any other address,
provided at least fifteen (15) days' written notice is given
of such new address to the other parties.
Section 6.4: Assignability. This Contract shall bind
and benefit the respective parties and their legal successors
and shall not be assignable, in whole or in part, by any
party without first obtaining written consent of the other
parties.
Section 6.5: Regulatory Agencies. This Contract shall
be subject to all present and future valid laws, orders,
rules and regulations of the United States of America, the
State of Texas, and of any regulatory body having juris-
diction.
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(MIIII 80223 -
Section 6.6: No Additional Waiver Implied. The failure
of any party hereto to insist, in any one or more instances
upon performance of any of the terms, covenants or conditions
of this Contract, shall not be construed as a Waiver or
relinquishment of the future performance of any such term,
covenant or condition by any other party hereto, but the
obligation of such other party with respect to such future
performance shall continue in full force and effect.
Section 6.7: Modification. Except as otherwise pro-
vided in this Contract, this Contract shall be subject to
change or modification only with the mutual consent of the
parties hereto.
Section 6.8: Parties in Interest. This Contract shall
be for the sole and exclusive benefit of the parties hereto
and shall not be construed to confer any rights upon any
third party. The City shall never be subject to any lia-
bility in damages to any customer of the District for any
failure to perform its obligations under this Contract.
Section 6.9: Captions. The captions appearing at the
first of each numbered section in this Contract are inserted
and included solely for convenience and shall never be
considered or given any effect in construing this Contract,
or any provision hereof, or in connection with the duties,
obligations or liabilities of the respective parties hereto
or in ascertaining intent, if any question of intent should
arise.
Section 6.10: Severability. The provisions of this
Contract are severable, and if any provision or part of this
Contract or the application thereof to any person or circum-
stance shall ever be held by any court of competent juris-
diction to be invalid or unconstitutional for any reason,
the remainder of this Contract and the application of such
provision or part of this Contract to other persons or
circumstances shall not be affected thereby.
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Section 6.11: Merger. This Contract embodies the
entire sanitary sewer service understanding between the
parties and there are no prior effective representations,
warranties or agreements between the parties.
Section 6.12: Construction of Contract. The parties
agree that this Contract shall not be construed in favor of
or against any party on the basis that the party did or did
not author this Contract.
Section 6.13: Term. This Contract shall be in force
and effect from the date of execution hereof for a term of
five (5) years and shall thereafter be automatically extended
for additional five (5) year terms unless either party gives
written notice of termination two (2) years prior to the
date for such automatic extension.
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
SCOTT BOUNDS, City Attorney
CITY OF BAYTOWN
By
TOM GENTRY, Mayor
HARRIS COUNTY FRESH WATER DISTRICT
NO. 27
By
President
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APPROVED:
JOHN LEFEBER, Attorney
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80223
E X H I B I T "A"
m
80223- *c
• The 1,412 acrd District heroin described 1s
situated oitrtially in t'_lo :;uthaniel h;mch, Allia -m
;:ilbus and G.: ;. ': S.19. Railroad SiurYeys, Harris
County, "czar , beir- ; a wart of and out of s:i 3il- nd
Fars :AubdiviS on and :- ,1e;:la Fruit and Cotton Fa ., s,
said District bai.i�� described by notes and bounria
as follows:
• BDGi1•i11111 at the South rest corner of Block
Jr ,iW:rS as recorded _
n T:7e ity- three (?J) , ::IIII .
Vol.. 7, : ag ;e 60, flap Records of i.arris Comity,
Texas, said point, being in the : ust; rii :ht -o:'•- •ray
of wade :toad.
THM.NCE South with the :southern projection of
the West bounuttvy line of said Block Twenty- iiu•ee
(2S) aoproxiiaately 1345 feet ulonr the Nast rix, ht-
of way lino of 'Dade i3oac, to a point;
KF7_. TIE, %C :I :Jorthwesterl ;r across 1;acie Road to
Northeast corner of •ot :;'o-:rtecn (14)' Block `='Tien --
„ ,.. .
ty --four (24) , i ?X' =:I%.r::�s3. r.1.i..:,a;
9-M31ICF. continuing; Hort .westorly along, the
North bowidary lino of Mock Twenty -four (24) , about'
• 4 ?90 feat to the mast r�.,T�it -of -way line of ThonT)•-
• son Road, said point also being the is orti�e're s t corner
. of tract 'io : . c0 Un;.t 110 of :.lena t�ruit and Cotton
Farms as : ecorde, d in Vol. 7, 'Page 49, of the Nap
• Records of Harris vo1uZty, Texas;
'nri-.,JC:% continuing; ::orthwesterly across said
Thompson =.oad t o tie i•: orthea s t c or :per of Lot Fou.�-
teen (14) , = 31oe:c One hundred forte -t•ro (14? } of
the said. ::lend _�ruit ana Cotton i�'ar } ;
,-a --.. 0.-45 ::ast . along; the most
..:�J(... SouL_1 6G
.:'orti:ern boundar ;r line of the said Block One hund-
red* fort;, -•t:10 (1112 )- to the :forth ri --of -way line
of =:ar_cet Street Road;
I:�1sC:a Southeasterly along; the north rig�ilt»
•
of -via, lino of �taritet Street .:-load to its junction
' . With ;)ec:cer Drive;
MW, .• , Vlarket.
:W.,,2 c.ontinuing; Southeasterg; across
• fii- ,+ac,'- Zl on.._ t;ie ;lortherl;� ri -:1 of -:yaJ line of .
Deeper Drive, c_'ossi n,ol v rket Street
tiC4C1 ag;uzn
- at about 3,200 feet, in all about 7, 6Ut feet to
the point rrnere Deelcer Drive crosses the ;forth
line of the `r'arveJ ,.iii tint; curve;/, said point be--
ing in the center line of a 30 f t.
drainage ditch;
T1iL';iL'ia East 1'iith the ce:�ter line of said.
Drainage ditch and the ITortn line of the said :iar�
Vey :suiting Sm"ve r, the satre being the South 1 L
Of G.C. a- x�•'.'•••'•- 3uvey to th
. „ e center line oJ.
Goose Creeic Strean;
Wort Orly with the neanders of the
center line of (loose Creels strean to the :forth
line of the said Cr. C • �� .7• ='• -�•' `,urve f, the same
being; th3 South line of Block Tlwen ly -three 013) ,
k3G.rJLM -;D FARi'S SiT.3l�= `IISiJI:;
'.HH” CIE.' !,'as t along; the North line of the
G.C. fc _31-10-R-14 � :iurve%r to the Point Poi' 33o,ginning,
containing 10412 acres of land r.ore ;or loss.
80223- -2ad
E X H I B I T "B"
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BAKER ROAD
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E X H I B I T "C"
TABLE 4.1
AVERAGE
DATE VOLUME -gpd
HIGH FLOW ALLOWANCE
gpd (100 %)
TOTAL ACCEPTABLE VOLUME
gpd - at date shown
January
1,
1979
105,200
105,200
210,400
January
1,
1980
111,600
111,600
223,200
January
1,
1981
118,000
118,000
236,000
January
1,
1982
124,400
124,400
248,800
January
1,
1983
130,800
1302800
261,600
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