Ordinance No. 2,666ORDINANCE NO. 2666
905 *73
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST
TO A CONTRACT WITH LAKE MUNICIPAL UTILITY DISTRICT, OF
HARRIS COUNTY, SAN JACINTO I -TALL COMPANY, AND SOUTH GULF
MANAGEMENT, INC. FOR CONSTRUCTION, DEDICATION, AND
ACCEPTANCE OF WASTEWATER COLLECTION AND WATER DISTRI-
BUTION SYSTEMS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: That the City Council of the City of Baytown,
Texas, hereby approves the contract with Lake Municipal
Utility District, of Harris County, San Jacinto Mall Company,
and South Gulf Management, Inc. for construction, dedication,
and acceptance of wastewater collection and water distribution
systems and authorizes and directs the Mayor and City Clerk
to execute and attest to such contract. 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.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown on this 24th day
of May , 1979.
EMMETT 0. HUTTO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
TT BOUN S, City Attorney
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9052 b
THE STATE OF TEXAS 0 CONTRACT FOR CONSTRUCTION,
0 DEDICATION, AND ACCEPTANCE
0 OF WATER AND WASTEWATER -
COUNTY OF HARRIS 0 COLLECTION SYSTEMS
This is a four party agreement, made and entered into
this day of , 1979, by and between the
City of Baytown, a homerule municipal corporation of the
State of Texas, hereinafter called CITY, Lake Municipal
Utility District of Harris County, a body politic and corporate,
organized under the provisions of Article XVI, Section 59,
of the Texas Constitution, hereinafter called DISTRICT,
South Gulf Management, Inc. of Baytown, a Texas corporation,
hereinafter called SOUTH GULF, and San Jacinto Mall Company,
a Mississippi general partnership, hereinafter called COMPANY.
Whereas, the City of Baytown presently operates a water
and wastewater system, and is desirous of providing orderly
growth and expansion of these systems within its corporate
and extraterritorial jurisdiction; and
Whereas, the Lake Municipal Utility District of Harris
County is located within the City's extraterritorial juris-
diction and does not now own a water production or waste-
water disposal system; and
Whereas, South Gulf Management, Inc. of Baytown proposes
to develop property within the Lake Municipal Utility District;
and
Whereas, San Jacinto Mall Company proposes to develop a
shopping center within the City's extraterritorial juris-
diction that will need water and wastewater service;
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90523c
NOW THEREFORE, in order to attain these joint objec-
tives, the parties hereto agree as follows:
Article I. Water Line
The District and Company will design a basic water
system capable of servicing the areas described in Exhibit
"A," attached hereto. This system shall consist of a 16"
water trunk line from the north right -of -way line of Interstate
10 at Garth Road to the south right -of -way line of Cedar
Bayou Road at Garth Road and an 8" water trunk line from
Cedar Bayou Road to an existing City 16" water line in the
Baker Road right -of -way at Garth Road. The parties hereto
stipulate that said lines will be sufficient to serve the
areas described in Exhibit "A," when developed. All plans
must be prepared by the District and Company's engineer and
submitted to the City engineer in duplicate for approval
prior to advertising for construction bids. The plans for
the system must be in compliance with the standards established
by the Code of Ordinances of the City of Baytown and all
other standards for the Texas Department of Health Resources
should they exceed the City standards.
The District and Company's engineer shall additionally
prepare such plans and specifications for an alternate water
distribution system. This alternate system shall consist of
a 12" water line, in place of the 8" water line described
above, from Cedar Bayou Road to an existing City 16" water
line in the Baker Road right -of -way at Garth Road.
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Article II. Wastewater Line
90523d
The District and Company will design a basic wastewater-
collection system capable of servicing the areas described
in Exhibit "A," attached hereto. This system shall consist
of a pump -lift station and a 12" force main from the pump -lift
station to an existing manhole on the City 21" gravity sewer
main in the Garth Road right -of -way near the Gulf Coast
Hospital. The parties hereto stipulate that said lines will
be sufficient to serve the areas described in Exhibit "A"
when fully developed. All plans must be prepared by the
District and Company's engineer and submitted to the City's
engineer in duplicate for approval prior to advertising for
construction bids. The plans for the system must be in
compliance with the standards established by the Code of
Ordinances of the City of Baytown and all other standards
for the Texas Department of Health Resources should they
exceed the City standards.
The District and Company's engineer shall additionally
prepare such plans and specifications for an alternate
wastewater - collection system. This alternate system shall
consist of a 16" force main from the pump -lift station to
the City's 21" gravity sewer main. The City may prepare
plans for a second alternate system utilizing a gravity flow
line from I -10 to Cedar Bayou Road.
Article III. General Provisions
A. Easements.
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9052 e
The District and Company shall obtain all necessary
easements and permits for construction and maintenance of
the water and wastewater - collection systems. The District
and Company shall execute and deliver to the City proper
deeds or dedications transferring to the City adequate
easements for maintenance and repair of the water and wastewater -
collection systems.
B. Plans and Specifications.
The plans for the water and wastewater- collection
systems and the first alternate systems described above
shall be prepared by the District and Company's engineer
free of cost to the City; provided, however, that the City
shall provide engineering responsible for the second alternate
wastewater - collection system.
C. Advertising for Bids.
The City shall advertise for bids on the water and
wastewater - collection system together, requesting separate
bids on each basic system and each alternate system.
D. Construction.
The City shall award a contract to construct the water
and wastewater- collection systems in accordance with the
plans and specifications for the basic systems or the plans
and specifications for the alternate systems prepared by the
District and Company's engineer. Prior to the City entering
into a contract for the construction of either system, the
District and Company will pay to City a sum equal to the
aggregate amount bid by the lowest qualified bidder for the
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90523f
construction of each basic system. If the City elects to
construct either or both alternate systems, the City will
pay all additional consturction costs in excess of the
amount that the District and Company are so obligated to
pay. The City reserves the right to reject any and all
bids. It is understood that advertising for bids and con-
struction of the facilities may be accomplished in two
steps, the first covering the work with the Garth Road
right -of -way and the second covering the balance of the
work.
E. Change Orders.
The District and Company shall pay to City, and be
responsible to the City for, all additional costs associated
with the contract for the basic water or wastewater - collection
systems due to changes in the contract, by change order or
otherwise. Any additional costs associated with change
orders initiated by the City and not necessary for the
service of the areas described in Exhibit "A" shall be paid
by the City.
F. Annexation.
The Company agrees to allow the City to annex all
property described in Exhibit "B," attached hereto. The
Company will secure an agreement or assurance of all pur-
chasers of property described in Exhibit "B" to such annex-
ation by the City. The City agrees upon annexation to
provide all City services to the said property.
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G. Operation.
90523g
Upon completion of each system and the delivery of the
deed or dedication as described herein, City shall have the
sole responsibility for operating, maintaining, and improving
said systems subject to the provisions herein.
H. Water Supply.
The City-agrees to provide District and Company, prior
to annexation, treated water under and subject to the pro-
visions and in consideration of the price or prices set
forth in Chapter 31, Article IV, of the Code of Ordinances
of the City of Baytown, as it may be amended, the provisions
of which are incorporated herein by reference. Additionally,
District and Company understand and agree that City may at
any time, by ordinance duly enacted, increase or change the
prices for treated water as set forth, provided, however,
that the price or prices for such water shall not be increased•
percentagewise as to District or Company in excess of the
proportionate percentage rate increase in rates within the
city limits. The City's obligation to provide water supply
to District is subject to approval of both the City of
Houston and San Jacinto River Authority.
I. Wastewater Treatment.
The City agrees to accept from Company, prior to annexation,
wastes under and subject to the provisions and in consideration
of the price or prices set forth in Chapter 31, Article V,
of the Code of Ordinances of the City of Baytown, as it may
be amended, the provisions of which are incorporated herein
Ma
9052h
by reference. Additionally, Company understands and agrees
that the City may at any time, by ordinance duly enacted,
increase or change the prices for sewer service as set
forth, provided, however, that the price or prices for such
service shall not be increased percentagewise as to Company
in excess of the proportionate percentage rate increase in
rates within the city limits.
The City further agrees to accept waste from the
District upon the following terms and conditions: Upon
completion of the wastewater collection system, or August 1,
1979, whichever occurs first, the City will sell to the
District 500,000 gallons per day capacity in the City's
waste treatment system at a price per gallon determined by
the study being conducted by Langford Engineering, Inc., for
the City, but not to exceed $1.25 per gallon per day plant
capacity. The District shall also pay to the City a monthly
sewer charge based upon water consumption and equal to the
total payment that would be due by all the District's sewer
users if they were billed as if they were within the City
limits.
It is understood and agreed that the City may at any
time, by ordinance duly enacted, increase or charge the
prices for sewer service as set forth, provided, however,
that the price or prices for such service shall not be
increased percentagewise as to District in excess of the
proportionate percentage increase in rates within the City
limits. It is understood and agreed that any commitments of
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9052 3i
the District hereunder shall be modified if and to the.
extent necessary to satisfy the applicable rules and regula-
tions. or orders of the Texas Department of Water Resources.
District and Company will regulate the discharge of
industrial waste from within their boundaries to the City,
and will provide any pretreatment necessary to meet the
quality standards as stated in the City's industrial waste
ordinance. Discharges of waste to the City shall comply
with all applicable City ordinances and standards, including
the City's industrial waste ordinance, if appropriate.
J. Assignment.
The parties recognize that the District has just been
created, and will not have any funds until it issues and
sells bonds. To induce City and Company to execute and
deliver this agreement, the South Gulf Management, Inc. of
Baytown, ( "South Gulf "), the owner of substantially all the
land within the District, joins in the execution hereof and
agrees to make all payments required by the District here-
under until the District has bond funds available therefore,
with the understanding that South Gulf shall thereby acquire
all of the rights of the District hereunder until such time
as the District reimburses South Gulf by such payment.
District hereby agrees to effect such reimbursement out of
its first issue of bonds and South Gulf agrees thereupon to
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9052 j
assign to the District all of the rights, title, and interest
of South Gulf hereunder.
In witness whereof, the parties hereto have caused this
contract to be executed on this day of
1979.
ATTEST:
zz��2 P. -74-�I�
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
SCOTT BOUNDS, City Attorney
ATTEST:
APPROVED:
CITY OF BAYTO`YN
B
EMMETT 0. HUTTO, Mayor
LAKE MUNICIPAL UTILITY
DISTRICT OF HARRIS COUNTY
I
BY
President
ME
ATTEST:
ATTEST:
9052 k
SAN JACINTO MALL COMPANY
BY
San Jacinto Mall, Inc., a
Mississippi•general partner
ship
SOUTH GULF MANAGEMENT, INC.
OF BAYTOWN
BY
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