Ordinance No. 4,30751114 -3
ORDINANCE 4307
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO WASTEWATER
DISPOSAL CONTRACTS WITH SAN JACINTO PLACE MUNICIPAL
UTILITY DISTRICT NO. 1 AND SAN JACINTO PLACE MUNICIPAL
UTILITY DISTRICT NO. 2; 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 Wastewater Disposal Contracts with San Jacinto Place Municipal
Utility District No. 1 and San Jacinto Place Municipal Utility District No. Z. Copies
of said contracts are attached hereto, marked Exhibits "A" and "B," and made a
part hereof 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 14th day of November, 1985.
4 TT O. HUTTO, I Mayor
AT�ST:
s
EILEEN P. HALL, City Clerk
APPROVED:
ANDALL 15. STRONG, Cit ttorney
51114 -3a
EXHIBIT "A"
51114 -3b
WASTEWATER DISPOSAL OG NTRACT BETWEEN
CITY OF BAYTOMv TEXAS, AND
SAN JACINTO PLACE "ICIPAL UTILITY DISTRICT NJ. 1
THE STATE OF TEXAS §
COUNTY OF HARRIS
This Contract is made and entered into as of the date herein
last specified by and between the CITY Uf= BAYTOWN, TEXAS, a
municipal corporation and home -rule city which is principally
situated and has its City Hall in Harris County, Texas, (the
"Ci ty ") , and SAN JACINTO PLACE Nt- NICIPAL UTILITY DISTRICT NO. 1 ,
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 (the "District").
RECITAL
1. The City is a municipal corporation and home -rule city
principally located in Harris County, Texas. The City owns and
leases sewage treatment facilities and desires to sell treatment
capacity to the District.
2. The District is a conservation and reclamation district
organized and existing under Article XVI, Section 59 of the
Constitution of the State of Texas, created by an Order of the
Texas Water Commission, and operating pursuant to Chapter 54,
Texas Water Code, as amended.
,. The District will own a sewage collection system serving
the "Service Area" and desires to purchase treatment of its
sewage from the City.
4. The District is empowered to collect, transport,
process, dispose of, and control all domestic, industrial or
corrmutal waste whether in fluid, solid, or composite state.
5. The District is authorized to purchase, construct,
acquire, own, maintain, repair or improve or extend inside and
outside its boundaries any and a I I works, improvements,
1
51114_ -3c
facilities and plants, necessary and incidental to the
collection, transportation, processing, disposition, and control
of all waste.
6. Al or part of the "Service Area" lies within the
extraterritorial jurisdiction of the City, as estabiished by the
Municipal Annexation Act, Article 970a, Texas Revised Civil
Statutes. The parties acknowledge the possibility that the City
may annex the "Service Area" during the term of this Contract,
and the parties have agreed to certain procedures designed to
avoid confusion and dislocation of utility service upon
annexation. In addition, the parties desire to avoid overlapping
responsibilities for utility service.
7. The parties have determined that they are authorized to
ente- 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).
NOW THEREFORE, and in consideration of the premises and the
mutual convenants and agreements herein contained the parties
hereto do mutually agree as follows:
AU:2EEWENT
ART I CLE I
Definitions
The terms and expressions used in this Contract, unless the
context clearly shows otherwise, and in addition to other defined
terms herein, have the following meanings:
1.01. ,City's System" shall mean the system for the
collection, transportation and treatment of waste, and any
extensions or additions thereto, currently serving or that may be
constructed to serve the City.
1.02. "Director" shall mean the Director of Public Works
of the City of Baytown.
1.03. "District's System" shall mean the system for the
collection and transportation of waste, and any extensions
thereof and additions thereto, to be constructed to serve the
2
51114 -3d
District, including those lines and facilities necessary for the
transportation of waste from the District to the point of
interconnection with the City's system.
1.04. "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.
1.05. "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.
1.06. "Interconnection" shall mean those improvements
necessary for the connection of City's System and District's
System as set forth herein and more particularly described as the
lift station south of Interstate 10 on Goose Creek that is to be
built by the District.
1.07. "Prohibited Waste" shall be those discharges
prescribed by the City of Baytown's Industrial Waste Ordinance as
set forth in Article I1 of Chapter 34 of the Code of Ordinances
of the City of Baytown, a copy of which is attached hereto as
Exhibit "B" and for all purposes made a part of this contract.
All future amendments to Baytown's Industrial Waste Ordinance
shall apply to this contract when such amendments are adopted.
1.08. "Service Area" shall mean the area within the
boundaries of the District.
1.09. "Sewage" shall mean wastewater 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 mg11 and B.Q.U. is not more than 250 mg /1.
1.10. "Treatment Plant" or "Plant" shall mean the City's
West District Treatment Plant and Central District Treatment
Plant including all additions or modifications thereto which may
occur subsequent to the execution of this Contract.
3
51114 -3e
1.11. "Waste" shall mean sewage and industrial waste
collected by a sanitary sewer system, together with such
infiltration water as may be present, provioed that such system
is constructed in compliance with City specifications and
continually and promptly maintained and repaired.
ARTICLE II
CONSTRUCTION OF INpROVENENTS BY DISTRICT
2.01. District's Waste Collection System. District shall
acquire or construct, or cause to be acquired or constructed, a
Waste Collection System ( "District's System ") . No cost for the
acquisition or construction of the District's System, including
engineering fees, the acquisition of any lands or easement in
connection therewith, and obtaining the approval of any
regulatory agency shall be borne by the City.
2.02. City Approval of Plans and specifications. Prior to
the initiation of any construction of the District's System, the
engineers of the District shall submit to the Director far
written approval the plans and specifications for the District's
System. No construction of the District's System shall begin
until such plans and specifications are approved in writing by
the Director. The District's engineer will provide the City,
upon completion of the construction, with one set of "as built"
drawings, which meet the approval of the Director and a
certification that the District's 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 subsequent alterations or
modifications made on the District's System during the term of
this Contract.
2.03. Inspection. The District specifically grants the
City the right to inspect at any time any and all construction in
order to determine whether such construction is in substantial
conformance with the City's standards and the approved plans and
4
51114- -3f
specifications. Should any such construction during construction
or after completion, but before acceptance by the City, be found
not to conform in some material respect with the City's standards
or the approved plans and specifications, then the District shall
immediately upon receiving written notice from the City of such
non - conformance take those remedial steps necessary to meet the
required standards.
2.04. points of Dischar e; Interconnection. The point of
discharge from the District's System to the City's System shall
be the lift station south of Interstate 10 on Goose Creek that is
to be built by the District. The parties to this Contract may by
mutual consent designate additional or substitute points of
discharge to serve the Sanitary Sewer Collection System.
2.05. Completion of Construction. Upon completion of the
construction provided for in Section 2.01, the City agrees to
receive from the District, and the District agrees to discharge,
for the price and at the point or points of delivery herein
provided, such volumes of waste at such times as provided in
Article IV of this Contract, consistent with other limitations as
stated herein.
2.G6. Commencement of Use of Interconnection. The
Interconnection shall be placed into operation only upon the
inspection and approval of the interconnection and the District's
System by the engineers of City and District.
2.07. Flow Device. The District shall purchase and install
at the point of discharge, or some other location on its system
acceptable to the Director, a metering or recording device, also
acceptable to the Director, capable of recording total flow on a
daily basis for a least a week's time including peak daily
flows,as stated in Exhibit "C." This device shall be the sole
reporting device used to determine the flows stated in Exhibit
"C." The District shall maintain this device in good operating
condition at all times and calibrate it for accuracy at least
once every six (6) months. The City shall have the right to
01
51114 -3g
insp -ct 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 fifteen percent (15 %) 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 after request of the City render any and all repairs or
replace said device if necessary to provide 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.
ARTICLE III
OVA IER SH I P , OPERATION AND
NWINTENANCE OF SYSTEM
3.01. Ownership of System. The District shall own the
District's System.
3.02. Operation of the System. The District shall operate
and maintain at its own expense the District's System and will
promptly repair any of its facilities so as to prevent
infiltration. However, should the District fail to operate and
maintain the District's System in a manner consistent with sound
engineering principles and should such failure become a danger to
the continued proper operation of any portion of the City's
System then such failure shall be considered an Event of Default.
3.03. City's Plumbing Code. The District covenants and
agrees to comply with the City's current Plumbing Code for
sanitary sewer facilities and agrees not to permit plumbing work
relating to sewer service or allow connection to its Waste
Collection System except in compliance with the City's Code and
after inspection and approval by the District's operator or other
authorized representative.
The District further agrees that all plumbing connections
shall be maintained in compliance with the Plumbing Code
requirements of the City. In order to enforce this provision the
ri
51114 -3h
City inspectors shall be permitted to act for and on behalf of
the District with or in lieu of the District operation, and the
district will enforce any notices issued by such inspectors. If
any such notices are not complied with, the District shall
discontinue sewer service when this may be legally done pursuant
to the District's Rate Order upon the request of the City to do
SO.
Should the District for any reason fail to enforce the
standards established by the City Plumbing Code for sewer
facilities or shauid the District fail to comply with the
foregoing provisions of this section, such failure shall be an
Event of Default.
3.04. outside Service Contracts. The District agrees that
should tiie District desire to delegate responsibility for
maintenance or for supervision of its System to any individual or
entity other than its own employees or a sewage plant operator
holding a valid certificate of competency issued under the
direction of the Texas State Health Department as required by
Section 20(a) of article 4477 -1, then any such proposed service
arrangement, by written contract or otherwise, must be approved
by the Director, whose consent shall not be unreasonably
withheld, prior to execution by the parties. Failure of the
District to submit any such proposed service agreement to the
Director prior to its execution shall be considered an Event of
Default. Any outside service agreement, whether submitted to the
City or not, shall contain a clause terminating the service
agreement as to the District on the date of annexation of the
District by the City.
3.05. Industrial Waste. The District shall regulate the
Discharge of Industrial Waste from within its boundaries into its
Sanitary Sewer Collection System, and in turn into the City's
System, including any requirements for pretreatment before
discharge into the District's System if necessary to meet the
quality requirements as stated in the City's Industrial Waste
7
51114 -3i
Ordinance or as required by any regulator agency. No such
discharge will be permitted without prior written approval. The
applicant industry and the district shall file a statement with
the Director containing the following information:
(1) Name and address of applicant;
(Z) 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 shall permit no
industrial waste connections until same are approved in writing
by the Director, but the City (subject to the specific
requirements stated herein) agrees to permit connections to
discharge Industrial Waste into the City's 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 system within the City's corporate limits in accordance
with the City's ordinance 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's Industrial Waste Ordinance, a copy of which is attached
hereto as Exhibit 11b," and for all purposes glade a part of this
Contract, including all future amendments to said ordinance;
provided, however, the City shall not under any conditions be
required to accept "Prohibited Waste."
District specifically agrees to adopt for purposes of
setting rates those classifications of industrial and corrmercial
activity and those industrial waste standards stated in the
City's 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's System, including
acquiring appropriate District Industrial Wastewater Discharge
Permits. As a condition of connection to the System, all
51114 -3j
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 (2) to provide to the
Director on a bi- annual 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 BUD,
TSS, CUP, oil and grease, and heavy metals, such analysis to be
performed by an independent testing laboratory approved by the
Director.
3.06. Waste to Comply with City Ordinances. Discharges of
waste into the District's System shall comply with all applicable
City Ordinances. The District is obligated to assume the
responsibility to enforce the applicable City ordinances with
respect to impermissible discharges of Prohibited Wastes
originating from within the District. Failure of the District to
enforce said City ordinances shall be considered an Event of
Default.
3.07. Seepage and Infiltration. District agrees that it
will adopt and enforce written rules, regulations, and provisions
in all contracts of connection with any and all customers
designed to insure that connections to the Waste Collection
System will be such as to prevent as much as feasibly possible
the discharge into said System of anything except sewage; and in
particular, but without limitation thereto, that no drains shall
be installed or connected in such a manner that any rainwater or
other surface waters are permitted to enter said Waste Collection
System; and, in addition, that adequate safeguards will be taken
to prevent any abnormal seepage or infiltration or discharge of
any solid matter into said System. Within ninety (90) days
following the date of execution of this Contract, the District
shall supply the Director with a copy of such rules, regulations,
and contracts, including a statement of measures designed to
enforce such provisions. The District shall initiate whatever
lawful actions are necessary to disconnect any customer who,
0
51114 -3k
following notice, refuses to remove noncompliant connections.
The 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 System so as to prevent any
abnormal seepage or infiltration or discharge of any solid matter
into said System. Failure to do so shall be an Event of Default
notwithstanding any payments pursuant to the following paragraph.
In the event excess infiltration or abnormal seepage or the
discharge of solid matter or surface water into the District's
system is present, the District covenants and agrees to pay the
additional charges provided for in Section 5.02(b) herein 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 the District is making adequate and
proper repairs for the purpose of safeguarding the City's System.
3.08. Particip.atinq in State and Federal urant Pro rams;
Contribution to Costs. The District recognizes that the City 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, as
amended. Furthermore, the 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
rega, ding contributors to the City's System. The vistrict
recognizes that by virtue of this Contract it is a contributor to
the City's System, and as a contributor shall be required to take
all necessary steps to enable the City to continue to comply with
such programs and to bear the District's pro rata share of the
expense of such compliance. More specifically, the District
authorizes the City and its representatives to enter District
10
51114 -31
property and to conduct those tests, including infiltration/
inflow analyses, smoke tests, or other similar analyses 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 System. The
District agrees to pay the costs of such analyses of its System
not refunded by the state or federal government to the City. In
addition, the District agrees to pay the unrefunded cost of any
remedial measures necessary to improve the District's System
compliance with state or Federal requirements and agrees to see
that such remedial measures are timely taken. Such steps are not
exclusive, and District agrees to take al steps necessary to
assure City's compliance with such programs. Failure of the
District to comply with this section shall constitute an Event of
Default.
3.09. De I i very of and Title to Waste. Title to all waste
to be treated hereunder shall remain in a particular party so
long as such waste remains on such party's side of the
Interconnection. Upon passing through the Interconnection, title
thereto shall pass to the other party; however, the City shall be
under no responsibility to accept those waste materials which do
not conform with quality or quantity standards as otherwise
specified herein including "Prohibited Waste."
ARTICLE IV
KHEOULE FAD VOLL vE S OF WASTE
4.01. General. In consideration for the compensation
stated herein the City shall accept from the District and treat
the volumes of waste in the intervals shown on Exhibit "C"
attached hereto and incorporated herein for all purposes.
The values listed on Exhibit "C," Column 4 are the voIunies
of waste which the City shall accept on a daisy basis, including
peak flows, from the District at the dates shown and for the
compensation stated in Section 5.02(a) herein, without Additional
Compensation as provided in Section 5.02(b) herein. The volumes
11
51114 -3m
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 3 represents
an allowance of 25% over the permitted flow for high flow
contingencies and infiltration during the life of the Contract.
4.02. Capacity Reserved. The City convenants and agrees
that it has reserved for the exclusive use and benefit of the
District the capacity in its Plant to treat the volumes of waste
on the dates indicated in Exhibit "C."
4.03. Additional Capacity. Should the District's needs,
for whatever reason (including infiltration), exceed those stated
in Exhibit "C," based on flow data or readings pursuant to
Section 2.07 hereof for total throughput, the District agrees to
pay the Additional Compensation as provided in Section 5.02(b) of
this Contract.
4.04. Service Contracts with Other Entities. The District
shalt not permit any entity located outside the Service Area to
connect to the District's System during the term of this Contract
without the express written consent of the City. Failure to
comply with this provisions shall constitute an Event of Default.
ARTICLE V
PAYMENT AND TERMS
5.01. Capital Contribution. As a contribution to the
capital investment of the City and in consideration for
connection to the City's System, the District shall pay to the
City the amount of ONE HUNDRED NINETY THOUSAND ONE HUNDRED
TWENTY -FIVE AND NO /100 ($190,125.00) DOLLARS, within two (2)
weeks of the funding of the first issue of capital improvement
bonds by the District. Notwithstanding the above, however, the
District is obliged and hereby promises to pay or cause to be
paid to the City said amount no later than two (2) years from the
date of this Contract. Additionally, in order to further secure
District's assurance of the availability of such funds, the
District will provide or cause to be provided to the City an
irrevocable letter of credit, payable to the City, in a form
12
51114 -3n
acceptable to the City in the amount of ONE HUNDiiED NINETY
THOUSAND ONE HUNDRED TWENTY -FIVE AND NO /100 ($190,125.00)
DOLLARS, so that, should the City be required to enlarge or
expand its wastewater facilities to provide service to District
in the amounts set forth herein prior to the payment to the City
by the D i s t r i c t of ONE HUNDRED NINETY THOU SAND ONE HUNDRED
TWENTY -FIVE AND N0/100 ($190,125.00) DOLLARS described above,
then, in such event, the Letter of Credit can be drawn upon by
the City in such amounts and installments necessary in order to
provide funas for such enlargement or expansion of wastewater
facilities in the amount of District's pro rata share of any such
capital expansion costs. The City shall also be entitled to draw
upon the full amount of such letter of credit if the full amount
of the capital investment contribution has not been paid with two
(2) years of the date of this Contract.
5.02. Monthly Charges. The District shall pay to the City
in monthly installments the following:
(a) Service Charge. A service charge (to cover the
City's operation and maintenance) equal to the City's
minimum charge and additional charges, if any, 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 District's System, delivered to the City at the point
or points of discharge, and treated by the Plant. The
average consumption for like uses shall be reviewed
annually. The charge shall be calculated 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 individual user. A copy of the City's present rate
ordinance for sanitary sewer service, as set forth in
Section 31 -65 of the Code of Ordinances of the City of
Baytown, in effect as of the date of this Contract, is
13
51114 -3o
attached as Exhibit "A," and incorporated herein; a copy of
the City's present ordinance for disposal of industrial
waste, is attached as Exhibit "B."
(b) Additional Service Charge. The District covenants
and agrees to an additional charge for those volumes
delivered in excess of the amounts stated as "Total
Acceptable Volume" in the Exhibit "C" 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, or Three Hundred ($300.00) Dollars per month,
whichever amount is greater.
5.03. 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, and the District shall have the right at
any time to inspect the City's books, records, and accounts, to
verify the charges levied by the City. It shall be the duty of
the parties to cooperate fully with each other in any such count,
inspection or audit. Al books, records, and accounts shall be
open for inspection at all reasonable hours by any authorized
representatives of the parties.
5.04. Billing and Payments. Beginning on the date when the
City first commences taking waste from the District through the
Plant, the District shall 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
5.02(3) and 5.02(b). Dn receipt of the above described
accounting, the Director will bill the District for the service
charges accrued during the preceding «onth. Payment by the
District to the City shall be made within thirty (30) days
following the receipt of the bill.
14
51114 -3p
Any sums payable by the District to the City under this
Contract which are not paid within thirty (30) days following the
receipt of the bill shall bear interest at the rate of ten (100)
per cent per annum form the date such indebtedness matured until
payment. if the District defaults on the payment of any bill,
and 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 (10 %)
per cent computed thereupon for collection thereof by suit.
Failure to pay charges when due shall constitute an Event of
Default.
5.05. Service Charge Modifications. Although the City
believes that the present charges for such services as set forth
in Section 5.02(a) herein are fair and reasonable; nonetheless,
the parties realize that due to unforeseen contingencies, the
City may increase the charges for such services, either n
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 term of this
Contract unless the rates for other similar custorners purchasing
such services from the City are also increased pro rata.
5.O6. Operating Expense and t:ovenants 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 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.
15
51114 -3q
5.07. Events of Default. An Event of Default, as stated
from time to time herein, shall constitute a material breach of
this Contract for which the City may, and the District explicitly
recognizes the City's right, to terminate service under this
agreement and to seek all remedies at law or in equity necessary
to enforce the provision violated; provided however, that this
agreement shall not be terminated prior to the City's giving ten
(10) days written notice to the District of the Event of Default
complained of and a reasonable opportunity for the District to
cure said default, or, if not curable in that time, to within ten
(10) days com -nence substantial curative efforts. Termination of
service pursuant to this section shall not limit either party to
any other remedy at law or in equity.
ARTICLE VI
MISCELLANEOUS PROVISIONS
6.01. 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 particulars 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
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 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
16
51114 -3r
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.
6.02. Approval Whenever this Contract requires or permits
approval or consent to be hereafter given by any party, such
approval or consent shall not be unreasonably withheld, and, if
finally given, shall be effective without regard to whether such
approval or consent is given before or after the tirne required
herein. Such approval or consent on behalf shall be evidenced by
an ordinance or resolution adopted by the governing body of the
party, or by an appropriate certificate executed by person, firm
or entity previously authorized to determine and give such
approval or consent on behalf of the party pursuant to an
orainance or resolution adopted by the governing body, unless
stated otherwise herein.
6.03. 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 provide 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 appropriate, addressed to the party to be
notified. Notice deposited in the mail in the manner hereinabove
described shall be conclusively deemed to be effective, unless
otherwise stated in this Contract, from and after the expiration
of three (3) days after it is so deposited.
Notice yiven in any other manner shall be effective only if
and when received by the party to be notified. However, in the
event of service interruption or hazardous conditions, neither
17
.51114 -3s
party will delay remedial action pending the receipt of formal
notice. For the purpose of notice, the address of the parties
shall, until changed as hereinafter 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:
Leonard Koehn Hurt Schweinle Strawn and ingoldsby
Attorneys at Law
Suite 150
6750 West Loop South
Bellaire, Texas 77401
The parties shall have the right from time to time and at
any time to change their respective addresses and each address,
provided at least fifteen (15) days written notice is given of
such new adoress to the other parties.
6.04. 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 party.
6.05. Fie ulatory 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 jurisdiction.
6.06. 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 terms covenant or condition by
any other party hereto, but the obligation of such other payment
with respect to such future performance shall continue in futi
force and effect.
6.07. Modification. Except as otherwise provided herein,
this Contract shall be subject to change or modification only
with the mutual consent of the parties hereto.
18
51114 -3t
6.08. 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 by subject to any liability in damages to any
customer of the District for any failure to perform its
obligations under this Contract.
6.09. 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.
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 circumstance shall ever be
held by any court of competent jurisdiction 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.
6.11. Merger. This Contract embodies the entire
understanding and agreement between the parties as to sanitary
sewer service, and there are no prior effective representations,
warranties or agreements between the parties.
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 authorize this
Contract.
6.13. Term. This Contract shall be in force and effect
from the date of execution hereof for a term of thirty (30) years
and shall 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.
19
DATED this the _ day of
1985.
CITY OF BAYTOWN
7W--E TT Q . HUTTO, Mayor
EILEEN P. HALL, City Cleric
(SEAL)
51114 -3u
SAN JACINTO PLACE Njn41CIPAL UTILITY
DISTRICT NO. 1
President
Secretary
(SEAL)
J 31,62
UTIL MES
51114 -3v
§ 31-6d
(f) In the event it is necessary that certain testing instruments be
installed, or that existing equipment or facilities located on the
applicant's property be altered, adjusted. disconnected or tempo.
rarily moved in order to facilitate the making of an engineering
study or test under the provisions of this section, all of the foregoing
shall be done by and at the expense of the applicant. (Ord. No. 331 ? ,
§ 1, 2- 11 -82)
Secs. 31-63,31-64. Reserved.
ARTICLE V. SEWER SERVICE*
Sec. 31 -65. Sewer service charge.
(A) Rate schedule:
$ ;31.63
UTILITIES
i 31 -65
(1) Minimum monthly rate ................... . $4.50
12) Standard rate (per 1,000 gallons in excess of
minimum monthly) ... ... 0.85
f B) Residential dwelling units:
1 1) Individually metered for water consumption: Each
residential dwelling unit individually metered and
billed for the consumption of water shall be charged
for and owe each month a sewer service charge based
upon the consumption of water attributed to it as
determined by the provisions of this Code relating to
water charges, applied to the following usage and the
rate schedule for sewer service:
Gallons of Water Sewer Service Rate
Used per .Month to be Charged
First 2.000 gal-
lons ................ . .:Minimum monthly rate
Next 8,000 gal-
lons per 1.-
000 gallons .. .......... Standard rate
Thereafter ................. No charge
(2) Jointly metered for water consumption: Multifamily
dwelling unit projects not individually metered for
water shall be charged for and owe each month a
sanitary sewer charge based upon consumption of
water attributed to it as determined by the provisions
of the Code relating to water charges applied to the
following usage and the rate shcedule for sewer
service:
Gallons of Water
Used per Month
Server Service Rate
to be Charged
First 2.004 gallons
times the number
of occupied units... Minimum monthly rate times
the number of occupied units
0 Supp. No. 44 1277
siil4 -3w
1 31-66 SAYTOWN CODS . 1 33-a
Gallons of Water Sewer Service Rate
Used per Month to be Charged
Ebner of 2,000 gallons
times the number
of occupied units.
per 1.000 gallons ..... Standard rate
Occupied units in the project shall be taken to be the
total number of units in the project unless the project
manager shall report to the city on the form provided
in Annex "A" the actual number of occupied units as
of the first day of the current month. This report must
be received by the city no later than the tenth day of
the current month.
(C) Commercial units. Each commercial unit shall be
charged for and owe each month a sanitary sewer service
charge based upon the consumption of water attributed to
it, applied to the following usage and the rate schedule for
sewer service:
Gallons of Water Sewer Service Rate
Used per Month to be Charged
First 2,000 gallons .......... Minimum monthly rate
Thereafter, 1,000 gallons - - - Standard rate
(D) Mobile home parks. Mobile home parks shall be
charged for and owe each a sanitary sewer service charge
based upon consumption of water attributed to it as
determined by the provisions of this Code relating to water
charges applied to the following usage and the rate schedule
for sewer service:
Soyp Na 44 1228
t ■
i 31 -65
Gallons of Water
Used per Month
Excess of 2,000 gal-
lons times the
51114 -3x
131-"
Sewer Service Rate
to be Charged
number of occu-
pied spaces. per
1,000 gallons ....... Standard rate
Occupied spaces in the project shall be taken to be the
total number of spaces in the project, unless the project
manager shall report to the city on the form provided in
Annex "A" the actual number of occupied spaces.
"ANNEX A"
Utility Office Manager
City of Baytown
P. O. Box 424
Baytown, Texas 77520
Dear Sir.
I hereby certify that I am the owner (or manager) of a multi.
family dwelling project located at . Street, Bay.
town, Texas. This project is known as the
— (indicate the project's name, if applicable). I here-
by certify that the aforementioned project has — (num-
ber) units. I further certify that as of the first day of the
current calendar month, there were ,.- (number) occu-
pied units in the project, and that there were (num-
ber) unoccupied units. I understand that the information
hereby given is to be used by the City of Baytown in comput-
ing the current month's sewer service charge for this project.
I also understand that this information must be received by
the City of Baytown no later than the loth day of each month
in order to be considered. I further understand that the
information hereby given may be verified at any time upon
the request of the Utility Office Manager of the City of
Baytown.
(Signature) Manager or Owner
4DSum Na 59 1229
n
51114 -3y
Fa,'010300
51114 -3z
Chapter 34
WASTE DISPOSAL
Art. 1. In General §§34-1-34-10
Art. 11. Industrial Waste Ordinances, §§34-11-34-38
ARTICLE I. IN GENERAL*
Sec. 34 -1. Tank truck waste discharge.
It shall be unlawful for any person to discharge any
industrial or domestic waste or wastewater from any tank
truck or vehicle into any sewer, manway, manhole, street or
public sewage treatment plant within the City of Baytown.
(Ord. No. 2397, § 1, 1- 26 -78)
Seca. 34- 2--- 34 -10. Reserved.
ARTICLE 11. INDUSTRIAL WASTE ORDINANCE
Sec. 34 -11. Definitions.
For the purpose of this article the following words and
phrases shall have the meanings respectively ascribed to
them by this section:
(1) Approving authority means the city manager or his
duly authorized representative.
(2) B.O.D. (biochemical oxygen demand) means the
quantity of oxygen by weight, expressed in mg /1,
utilized in the biochemical oxidation of organic matter
under standard laboratory conditions for five (5) days
at a temperature of twenty (20) degrees Celsius.
*Editor's note —Ord. No. 2397, f 1, adopted San. 26, 1978, amended the
Code by repealing Art 1, §1 34.1. 34.2, which had pertained to tank truck
permits and which were derived from Ord. No. 1765, § 1, adopted Mu. 3,
1975, and by placing in lieu thereof a new 134 -1 as herein set out
Supp. No. 33 1276.25
51114 -3aa
§ 34.11 BAYTOtrN CODE 3 34 -11
(3) Build o, g sealer means the extension from the build-
ing drain to the public sewer or other place of disposal
(also called house lateral and house connection).
(4) City means the City of Baytown, Texas, or any author
rized person acting in its behalf.
(5) C.O.D. (chemical oxygen demand) means measure
of the oxygen consuming capacity of inorganic and
organic matter present in the water or wastewater
expressed in mg /1 as the amount of oxygen consumed
from a chemical oxidant in a specific test, but not
differentiating between stable and unstable organic
matter and thus not necessarily correlating with
biochemical oxygen demand.
(6) Control manhole means a manhole giving access to
a building sewer at some point before the building
sewer discharge mixes with other discharges in the
public sewer.
(7) Control point means a point of access to a course of
discharge before the discharge mixes with other
discharges in the public sewer.
(8) Director means the director of the public works de-
partment of the city, or his authorized deputy, agent,
or representative.
9upp. No. 33 127626
51114 -3bb
§ 34-11 WASTE DISPOSAL § 34.11
(9) Disposal garbage means animal and vegetable wastes
and residue from preparation, cooking, and dispensing
of food; and from the handling, processing, storage
and sale of food products and produce.
(10) Industrial waste means 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.
(11) Industrial waste charge means the charge made on
those persons who discharge industrial wastes into
the city's sewerage system.
(12) Milligrams per liter (mg /1) means the same as parts
per million and is a weight -to- volume ratio; the milli-
gram -per -liter value multiplied by the factor 8.34 shall
be equivalent to pounds per million gallons of water.
(13) Natural outlet means any outlet into a watercourse,
ditch, lake, or other body of surface water or ground-
water.
(14) Normal domestic wastewater means wastewater ex-
eluding industrial wastewater discharged by a person
into sanitary sewers and in which the average con-
centration of total suspended solids is not more than
250 mg /l and B.O.D. is not more than 250 mg /1.
(15) Overload means the inposition of organic or hydraulic
loading on a treatment facility in excess of its engi-
neered design capacity.
(16) Person includes corporation, organization, government
or governmental subdivision or agency, business trust,
estate, trust, partnership association, and any other
legal entity.
(17) pH means the logarithm (Base 10) of the reciprocal
of the hydrogen ion concentration.
(18) Public sewer means pipe or conduit carrying waste-
water or unpolluted drainage in which owners of
abutting properties -`all have the use, subject to
control by the City of Baytown, Texas.
Supp. No. 22 1276.27
51114 --3cc
` § 3411
[iAYTOWN CODE § 34•il
(19) Sanitary sewer means a public sewer that convevs
domestic wastewater or industrial wastes or a combi-
nation of both, and into which storm water, surface
water, groundwater, and other unpolluted wastes are
not intentionally passed.
(20) Slug means any discharge of water, wastewater, or
industrial waste which in concentration of any given
constituent or in quantity of flow, exceeds for any
period of duration longer than fifteen (15) minutes
more than five (5) times the average twenty -four (24)
hour concentration or flows during normal operation.
(21) Strong acid means any substance with a pH less than
6.0.
(22) Storm sewer means a public sewer which carries
storm and surface waters and drainage and into
which domestic wastewater or industrial wastes are
not intentionally passed.
(23) Storm mater means rainfall or any other forms of
precipitation.
(24) Suspended solids means solids measured in mg /1 that
either float on the surface of, or are in suspension in,
water, wastewater, or other liquids, and which are
largely removable by a laboratory filtration device.
(25) To discharge includes to deposit, conduct, drain, emit,
throw, run, allow to seep, or otherwise release or dis-
pose of, or to allow, permit, or suffer any of these acts
or omissions.
(26) Trap means a device designed to skim, settle, or other-
wise remove grease, oil, sand, flammable wastes or
other harmful substances.
(27) Unpolluted wastewater :ncans water containing:
(a) n� iree or emulsified grease or oil;
(b) no acids or alkalis;
(c) no phenols or other substances producing taste or
odor in receiving water;
Supp. No. 22 1276.28
51114 -3dd
§ 34.11 WASTE DISPOSAL § 34.12
(d) no toxic or poisonous substances in suspension,
colloidal state, or solution;
(e) no noxious or otherwise obnoxious or odorous
gases;
(f) not more than an insignificant amount in mg /l
each of suspended solids and B.Q.D., as determined
by the Texas Water Quality Board; and
(g) color not exceeding fifty (50) units as measured
by the platinum - cobalt method of determination as
specified in "standard methods."
(28) Waste means rejec A, unutilized or superfluous sub-
E aces in liquid, gaseous, or solid form resulting
from domestic, agricultural, or industrial activities.
(29) Wastewater means a combination of the watercarried
waste from residences, business buildings, institutions,
and industrial establishments, together with any
ground, surface, and storm water that may be present.
(30) Wastewater facilities includes all facilities for collec-
tion, pumping, treating, and disposing of wastewater
and industrial wastes.
(31) Wastewater treatment plant means any city -owned
facilities, devices, and structres used for receiving,
processing and treating wastewater, industrial waste,
and sludges from the sanitary sewers.
(32) Wastewater service charge means the charge on all
users of the public sewer system whose wastes do not
exceed in strength the concentration values established
as representative of normal wastewater.
(33) Watercourse means a natural or man -made channel
in which a flow of water occurs, either continuously
ur intermittently. (Ord. No. 1765, § 1, 3.13.75)
Sec. 34 -12. Prohibited discharges.
(A) No person may discharge to public sewers any waste
which by itself or by interaction with other wastes may:
Supp. No. 22
1276.29
51111 -3ee
§ 34-12
BAYTOWN CODE § 34-13
(1) injure or interfere with wastewater treatment processes
or facilities;
(2) constitute a hazard to humans or animals; or
(3) create a hazard in receiving waters of the wastewater
treatment plant effluent.
(B) All discharges shall conform to requirements of this
ordinance. (Ord. No. 1765, § 1, 3.13 -75)
Sec. 34 -13. Chemical discharges.
(A) No discharge to public sewers may contain:
(1) cyanide greater than lmgA;
(2) fluoride other than that contained in the public water
supply;
(3) chlorides in concentrations greater than 250 mg /l;
(4) gasoline, benzene, naphtha, fuel oil, or other flamma-
ble or explosive liquid, solid or gas; or
(3) substances causing an excessive Chemical Oxygen
Demand (C.O.D.).
(B) No waste or wastewater discharged to public waters
may contain:
(1). strong acid, iron pickling wastes, or concentrated
plating solutions whether neutralized or not;
(2) fats, wax,, grease or oils, whether emulsified or not,
in excess of one hundred (100) mg /l or containing sub-
stances which may solidify or become viscous at tem-
peratures between thirty -two (32) and one hundred fifty
(150) degrees Fahrenheit (0 and 65 degrees centigrade).
(3) objectionable or toxic substances, exerting an excessive
chlorine requirement, to such degree that any such
material received in the composite wastewater at the
wastewater treatment works exceeds the limits estab-
lished by the approving authority for such materials;
or
Supp. No. 22 1276.30
§ 34-13
WASTE DISPOSAL
51114 -3ff
§ 34.14
(4) obnoxious, toxic, or poisonous solids, liquids, or gases in
quantities sufficient to violate the provisions of section
34- 13(A).
(C) No waste, wastewater, or other substance may be dis.
charged into public sewers which has a pH lower than 6.0
or higher than 9.0 or any other corrosive property capable
of causing damage or hazard to structures, equipment, and /or
personnel at the wastewater facilities.
(D) All waste, wastewater, or other substance containing
phenols, hydrogen sulfide, or other taste and odor producing
substances, shall conform to concentration limits established
by the approving authority. After treatment of the composite
wastewater, concentration limits may not exceed the re-
quirements established by state, federal, or other agencies
with jurisdiction over discharges to receiving waters. (Ord.
No. 1765, § 1, 3- 13-75)
Sec. 34 -14. Heavy metals and toxic materials.
(A) No discharges may contain concentrations
of heavy
metals greater than amounts specified in subsection
(B) of
this section.
(B) The maximum allowable concentrations
of heavy
metals stated in terms of milligrams
per liter (mg
/1), deter-
mined on the basis of individual sampling in accordance with
"standard methods" are:
(1) Arsenic . ...............................
0.02
mg /l
(2) Barium . ...............................
5.0
mg/ i
(3) Boron .. ...............................
1.0
mg /l
(4) Cadmium .............................
0.02
mg /l
(5) Chromium (total) ......................
5.0
mg /I
(6) Copper . ...............................
1.0
mg 11
(7) Lead ... ...............................
0.1
mg /1
(8) Manganese ............................
1.0
mg /I
(9) Mercury. . . ...........
.... 0.005
mg /I
(10) Nickel .. ...............................
1.0
mg /l
(11) Selenium ..............................
0.02
mg/1
(12) Edver .. ...............................
0.1
mg 11
(13) Zinc .... ...............................
5.0
mg /l
Supp. No. 22
1276.31
51114--3gg
§ 34.14 BAYTOWN CODE 34 -16
(C) No other heavy metals or toxic materials may be dis-
charged into public sewers without a permit from the Approv.
ing Authority specifying conditions of pretreatment, con-
centrations, volumes, and other applicable provisions.
(D) Prohibited heavy metals and toxic materials include,
but are not limited to:
(1) Antimony
(8) Rhenium
(2) Beryllium
(9) Strontium
(3) Bismuth
(10) Tellurium
(4� Cobalt
(11) Herbicides
(5) Molybdenum
(12) Fungicides
(6) Tin
(13) Pesticides
(7) Uranyl ion
(Ord. No. 1765, § 1, 3- 13.75)
Sec. 34 -15. Garbage.
(A) No person may discharge garbage into public sewers
unless it is shredded to a degree that all particles can be
carried freely under the flow conditions normally prevailing
in public sewers. Particles greater than one -half (= /2 ") inch _
in any dimension are prohibited.
(B) The approving authority is entitled to review and ap-
prove the installation and operation of any garbage -rinder
equipped with a motor of three - fourths (.,,) horsepower (0.76
hp metric) or greater. (Ord. No. 176, § 1, 3- 13 -75)
See. 34 -16. Storm water and other unpolluted drain-
age.
No person shall discharge, or cause to be discharged, any
storm water, ground water, roof runoff, subsurface drainage,
downspouts, yard drains, yard fountains, and ponds or lawn
sprays into any sanitary sewer. Water from swimming pools,
unpolluted industrial water, such as boiler drains, blowoff
pipes, or cooling water from various equipment, shall not
be discharged into sanitary sewers if a closed storm §ewer
is available. If a closed storm sewer is not available, it may
be discharged into the sanitary sewer by an indirect connec-
tion where by such discharge is cooled, if required, and flows
Supp. No. 22
1 276.32
51114 -3hh
§ 3416 WASTE DISPOSAL § 34.19
_ into the sanitary sewer at a rate not in excess of three (3)
gallons per minute; provided, that the waste does not contain
materials or substances in suspension or solution in violation
of the limits prescribed by this chapter. (Ord. No. 1765, §
1,3-13-75)
Sec. 34 -17. Temperature.
No person may discharge liquid or vapor having a tem-
perature higher than one hundred fifty (150) degrees Fahren-
heit (sixty -five (65) degrees centigrade), or any substance
which causes the temperature of the total wastewater treat-
ment plant influent to increase at a rate of ten (10) degrees
Fahrenheit or more per hour, or a combined total increase
of plant influent temperature to one hundred ten (110) degrees
Fahrenheit. (Ord. No. 1765, § 1, 3- 13 -75)
Sec. 34 -18. Radioactive wastes.
(A) No person may discharge radioactive wastes or isotopes
into public sewers without the permission of the approving
authority.
t
(B) The approving authority may establish, in compliance
with applicable state and federal regulations, regulations for
discharge of radioactive wastes into public sewers. (Ord. No.
1765, § 1, 3- 13.75)
Sec. 34 -19. Impairment of facilities.
(A) No person may discharge into public sewers any sub-
stance capable of causing:
(1) obstruction to the flow in sewers;
(2) interference with the operation of treatment processes
of facilities; or
(3) excessive loading of treatment facilities.
(B) Discharges prohibited by section 34 -19(A) include, but
are not limited to materials which exert or cause concentra-
tions of:
(1) inert suspended solids greater than 250 mg /1, including
but not limited to:
Supp. No. 22 1276.33
I
51114 -3ii
§ 34 -19 BAYTOWN CODE §..14 -19
(a) Fuller's earth
(b) lime slurries
(c) lime residues
(2) dissolved solids greater than 250 mg /1, including but
not limited to:
(a) sodium chloride
(b) sodium sulfate
(3) 'excessive discoloration, including but not limited to:
(a) dye wastes
(b) vegetable tanning solutions
(4) B.O.D., C.O.D., or chlorine demand in excess of normal
plant capacity.
(C) No person may discharge into public sewers any
substance that may:
(1) deposit grease or oil in the sewer lines in such a manner
as to clog the sewers;
(2) overload skimming and grease handling equipment;
(3) pass to the receiving waters without being effectively -�
treated by normal wastewater treatment processes due
to the nonamenability of the substance to bacterial
action; or
(4) deleteriously affect the treatment process due to exces-
sive q;__ntities.
(D) No person may discharge any substance into public
sewers which:
(1) is not amenable to treatment or reduction by the pro-
cesses and facilities employed; or
(2) is amenable to treatment only to such a degree that
the treatment plant effluent cannot meet the require-
ments of other agencies having jurisdiction over dis-
charge to the receiving waters.
(E) The Approving Authority shall regulate the flow and
concentration of slugs when they may:
(1) impair the treatment process;
Supp. No. 22 1276.34
-i:
51114 -3ji
§ 34.19
WASTE DISPOSAL § 34.20
_ (2)
cause damage to collection facilities;
(3)
incur treatment costs
exceeding those for normal
wastewater; or
(4)
render the waste unfit for stream disposal or in•
dustrial use.
(F)
No person may c:acharge
into public sewers solid or
viscc -s substances which may violate subsection (A) of this
section
if present in sufficient
quantity or size, including but
not limited to:
(1)
ashes
(14) unground garbage
(2)
cinders
(15) whole blood
(3)
sand
(16) paunch manure
(4)
mud
(17) hair and fleshings
(5)
straw
(18) entrails
(6)
shavings
(19) paper products, either
(7)
metal
whole or ground by
(8)
glass
garbage grinders
(9)
rags
(20) slops
(10)
feathers
(21) chemical residues
(11)
tar
(22) paint residues
(12)
plastics
(23) bulk solids
(13)
wood
(Ord.
No. 1765, § 1, 3- 13 -75)
Sec. 34 -20. Compliance with existing authority.
(A) Unless exception is granted by the approving authority, the
public sanitary sewer system shall be used by all persons
discharging:
(1) wastewater;
(2) industrial waste;
(3) polluted liquids.
(B) Unless authorized by the Texas Water Quality Board,
no person may deposit or discharge any waste included in
subsection (A) of this section on public or private property
into or adjacent to any:
(1) natural outlet;
(2) watercourse;
Supp. No. 22
1276.35
51111 --3kk
§ 3420 BAYTOWN CODE § 34 -21
(3) storm sewer;
(4) other area within the jurisdiction of the city.
(C) The approving authority shall verify prior to discharge
that wastes authorized to be discharged will receive suitable
treatment within the provisions of laws, regulations, ordi-
nances, rules and orders of federal, state and local govern-
ments. (Ord No. 1765, § 1, 3- 13-75)
Sec. 34 -21. Approving authority requirements.
(A) If discharges or proposed discharges to public sewers
may:
(1) cause damages to collection facilities;
(2) impair the processes;
(3) incur treatment cost exceeding those of normal sewage;
(4) render the water unfit for receiving waters or industrial
use;
(5) create a hazard to life or health; or
(6) create a public nuisance;
the approving authority shall require:
(1) pretreatment to an acceptable condition for dis-
charge to the public sewers;
(2) control of the quantities and rates of discharge of
such waste; and
(3) payment of surcharges for excessive cost for treatment
provided such waste are amenable to treatment by
normal sewage plant facilities operated by the City.
(B) The approving authority is entitled to determine
whether a discharge or proposed discharge is included under
subsection (A) of this section.
(C) The approving authority shall reject wastes when:
(1) it determines that a discharge or proposed discharge
is included under subsection (A) of this section; and
(2) the discharger does not meet the requirements of
subsection (A) of this section. (Ord. No. 1765, § 1, 3-
13-75)
Supp. No. 22
1276.36
51114 -311
§ 34-22
WASTE DISPOSAL § 34 -24
Sec. 34 -22. Approving authority review and approval.
(A) If pretreatment or control is required, the approving
authority shall review and approve design and installation
of equipment and processes.
(B) The design and installation of equipment and pro-
cesses must conform to all applicable statutes, codes, ordi-
nances and other laws.
(C) Any person responsible for discharges requiring pre-
treatment, flow equalizing, nr other facilities shall provide
and maintain the facilities in effective operating condition
at his own expense. (Ord. No. 1765, § 1, 3- 13 -75)
Sec. 34 -23. Requirements for traps.
(A) Discharges requiring a trap should include grease or
waste containing grease in excessive amounts, oil, sand,
flammable waste and other harmful ingredients.
(B) Any person responsible for discharges requiring a trap
shall, at his own expense and as required by the city, provide
l� plans and specifications for equipment and facilities of a
design type and design capacity approved by the city engi-
neer and by the director of public works. He shall locate the
trap in a manner that provides easy accessability for clean-
ing and inspection and maintain the trap in effective oper-
ating condition. The trap shall be inspected by the city's in-
spection department during construction and upon completion.
A final inspection shall be made by all interested parties
(city engineer, director of public works, and chief inspector)
before any service connections are made. (Ord. No. 1765, §
1,3-13-75)
Sec. 34 -24. Requirements for building sewers.
Any person responsible for discharge through a building
sewer carrying industrial wastes shall, at his own expense
and as required by the city:
(a) Install an accessible and safely located control man-
hole or inspection chamber;
Supp. No. 22
1276.37
51114 -3mm
§ 34-24 BAYTOWN CODE 434-25
(b) Install meters and other appurtenances to facilitate --�
observation sampling and measurement of the waste;
and
(c) Maintain the equipment and facilities.
Every such manhole or inspection chamber, shall be of such
design and construction as to prevent infiltration by ground
and surface waters or introduction of slugs or solids by the
installation of screens with maximum openings of one inch
but of sufficient fineness to prevent the entrance of objection-
able slugs or solids to the sanitary sewer system, and shall
be so maintained by the person discharging wastes so that
any authorized representative or employee of the city may
readily and safely measure the volume and obtain samples
of the flow at all times. Plans for the construction of control
manholes or inspection chambers, including such flow
measuring devices as may be required by this article, shall
be approved by the director prior to the beginning of construc-
tion. (Ord. No. 1785, § 1, 3.13 -75)
Sec. 34 -25. Sampling and testing.
(A) Sampling shall be conducted according to customarily
accepted methods reflecting the effect of constituents upon
the sewage works and determining the existence of hazards
to health, life, and property. (The particular analyses involved
will determine whether a twenty -four (24) hour composite
sample from all outfalls of a premise is appropriate or whether
a grab sample or samples should be taken).
(B) Examination and analyses of the characteristics of
water and waste required by this ordinance shall be:
(1) conducted in accordance with the latest edition of
standard methods;
(2) determined from suitable samples taken at the
control manhole provided or other control point
designated by the Director.
(C) B.O.D. and suspended solids shall be determined from
composite sampling.
$ -r ,, No. 22
127fi.38
51114 -3nn
- § 34.25 WAS'T'E DISPOSAL § 34.27
(d) The city may select an independent firm or lab to deter-
mine flow, B.O.D. and suspended solids.
(E) The city is entitled to select the time of sampling at
its discretion as long as at least annual samples are taken.
(Ord. No. 1765, § 1, 3- 13.75)
Sec. 34 -26. Industrial waste.
(A) Persons or owners discharging industrial wastes which
exhibit any of the prohibited wastes set out in section 34-
12 shall pretreat or otherwise dispose of such industrial waste
to make the remaining waste acceptable to the city water
utilities.
(B) Persons or owners discharging industrial wastes which
exhibit none of the characteristics of wastes prohibited in
section 34 -12, other than excessive B.O.D. or suspended solids,
but having a concentration level four (4) times greater (for
a fifteen (15) minute duration) than that of "normal" sewage
as measured by suspended solids and biochemical oxygen
demand (B.O.D.) or a concentration level during a twenty -
four (24) hour period averages a suspended solids level or
B.O.D. content in excess of "normal" sewage as defined in
section 34 -11 as "normal domestic wastewater," shall be
required to pretreat the industrial wastes to meet the required
levels of "normal," sewage. However, such wastes may be
accepted for treatment if all of the following requirements
are met:
(1) The waste will not cause damage to the public sewers;
(2) The waste will not impair the treatment process;
(3) The donor of the waste enters into a contractual and
permit agreement as set forth in the following sections.
(Ord. No. 1765, § 1. 3- 13 -75)
Sec. 34 -27. Payment and agreement required.
(A) Persons snaking discharges of industrial waste shall
pay a charge to cover the cost of collection and treatment.
(B) When discharges of industrial waste are approved by
the approving authority, the city shall enter into an agree-
ment or arrangement providing:
9upp. No. 22 12 76.39
51114 -3oo
§
34-27 BAY'T'OWN CODE § 34.28
(1) terms of acceptance by the city;
(2) payment by the person making the discharge.
(Ord. No. 1765, § 1, 3- 13 -75)
Sec. 34 -28. Application for permit.
No person shall deposit or discharge industrial waste or
an industrial waste mixture into the sewer or sewer works
of the city, or any sewer connected therewith, unless he
shall have a permit therefor. Persons discharging industrial
waste or an industrial waste mixture into the sewer or sewer
works of the city or any sewer connected thereto as of the
13th day of March, 1975 shall obtain such permit within one
hundred twenty (120) days from the 23rd day of March, 1975.
Application for a permit shall made on a form to be obtained
from the Director. A copy of said form follows:
INDUSTRIAL SEWER CONNECTION APPLICATION
To the City of Baytown, Texas:
The undersigned being the (Permittee)
of the property located at does hereby
request a permit to (install, use) an industrial sewer
connection serving the (Name of Company)
which company is engaged in
at said location.
The permittee agrees to submit the following exhibits as pre-
pared by a registered professional engineer or licenses
architect.
1. A plat of the property showing accurately all sewers and
drains, all water wells or sources of water and their locations,
along with their size and maximum rate of flow (Exhibit
A).
2. A complete schedule of all process waters and raw in-
dustrial waste produced or expected to be produced before
pretreatment (if any) at said property, including a description
of the character of each waste, the daily volume and maxi-
mum rate of discharge and representative analysis of the
raw waste (Exhibit B).
Sapp. No. 22 1276.40
51114 —app
§ 34.28 WASTE DISPOSAL § 34.28
3. Plans and specifications covering all pretreatment facili-
ties for waste treatment proposed to be performed on the
waste under this permit with a full description (laboratory
analysis) of the character of the waste to be discharged to
the public sewer, daily volume and maximum rate of dis-
charge to the public sewer (Exhibit C).
4. Plans and specifications of the grease, oil and /or sand
interceptor and control manhole (Exhibit D).
The permittee declares and agrees:
1. To operate and maintain any waste pretreatment fa-
cilities, as may be required as a condition of the acceptance
into the public sewer of the industrial wastes involved, in
an efficient manner at all times, and at no expense to the
city.
2. To cooperate with the approving authority and his
representatives in their inspecting, sampling, and study of
the industrial wastes and any facilities providing pre-
treatment.
3. To notify the appr ,)ving authority immediately in the
T event of any accident, negligence or other occurrence that
occal;'ns discharge to the public sewerage system any wastes
or process wastewater not covered by this permit.
4. To accept and abide by all provisions of Chapter 34 of
the Code of Ordinances of the City of Baytown, Texas, and
of all pertinent ordinances or regulations that may be adopted
in the future.
5. To accept and pay when billed the sewer service charge,
refuse charge, and industrial wastes charge which is over
and above the published water and sewer rates as set forth
in article IV and article V of Chapter 31, Utilities, of the
Code of Ordinances of the City of Baytown.
Special Provisions:
Any special provisions agreed to by the city and permittee.
Date Signed
( Permittee)
(Address)
Supp. No. 22 1276.41
51114 -3qq
1 34.28 BAYTOWN CODE 534-29
$ Attested:
Connection Fee Paid Date:
Application Approved and Permit Granted:
Date Signed
(Approving Authority)
(Ord. No. 1765, § 1, 3- 13 -75)
Sec. 34 -29. Conditions of permits.
(A) The city may grant a permit to discharge to persons
who:
(1) do not increase the quantity of discharge without permission
of the city;
(2) have discharged the industrial waste at least three
months prior to the effective date;
(3) apply for and receive a hermit no later than one hun-
dred twenty (120) days after the 23rd day of March,
1975. T
(4) secure approval by the approving authority of plans
and specifications for pretreatment facilities when
required-, and
(5) have complied with all requirements for agreements
including, but not limited to, provisions for:
(a) payment of charges;
(b) installation and operation of pretreatment facili-
ties;
(c) sampling and analysis to determine quantity and
strength;
(d) provides a control manhole or sampling point.
(B) A person applying for a new discharge shall meet all
requirements of subsection (A) of this section and secure a
permit before discharging any waste. (Ord. No. 1765, § 1,
3- 13 -75)
Supp. No. 22 1276.42
51114 -3xr
§ 34 -30 WASTE DISPOSAL § 34.31
W Sec. 34 -30. Industrial waste charge and added costs.
(A) If the volume or character of the waste to be treated
by the city does not cause overloading to sewage collection,
treatment, or disposal facilities of the city, then prior to ap•
proval, the city and the person making the discharge shall
enter into an agreement which provides that the discharger
pay an industrial waste charge to be determined from the
schedule of charges.
(B) If the volume or character of the waste to be treated
by the city requires that wastewater collection, treatment,
or other disposal facilities of the city be improved, expanded,
or enlarged in order to treat the waste, then prior to approval
the city and the person making the discharge shall enter
into an agreement which provides that the discharger pay
in full all added costs the city may incur due to acceptance
of the waste.
(C) The agreement entered into pursuant to subsection (A)
of this section shall include, but not be limited to:
(1) amortization of all capital outlay for collecting and
treating the waste, including new capital outlay and
the proportionate part of the value of the existing sys-
tem used in handling and treating the waste;
(2) operation and maintenance costs including salaries
and wages, power costs, costs of chemicals and
supplies, proper allowances for maintnarce, deprecia-
tion, overhead, and office expense.
(D) Amortization shall be completed in a 30 -year period
and payment shall include all debt service costs. (Ord. No.
1765, § 1 3.13 -75)
Sec. 34 -31. Schedule of charges.
Industrial waste charges shall be calculated by the follow-
ing formula with the city's unit cost being figured at the
time of permit application.
Application cost formula— Capital recovery
Ci = voVi + boBi + soSi
5upp. No. 22 1276.43
51114 -3ss
§,1+31 BAY'T'OWN CODE § 34.33
Ci = charge to industrial users, $ /year
vo = unit cost of transport and treatment chargeable to
volume, $ /1000 gal.
bo = unit cost of treatment chargeable to B.O -D., $ /pound
so = unit cost of treatment (including sludge) chargeable
to suspended solids, $ /pound
Vi = volume of wastewater from industrial users,
pound /year
Bi = amount of B.O.D. from industrial users, pounds /year
Si = amount of suspended solids from industrial users,
pounds /year. (Ord. No. 1765, § 1, 3- 13 -75)
Sec. 34 -32. Adjustment of charges.
(A) The city shall adjust charges at least annually to re-
flect changes in the characteristics of wastewater based on
the results of sampling and testing.
(B) Increases in charges shall continue for six (6) billing
periods unless subsequent tests determine that the charge
should be further increased.
(C) The city shall review at least annually the basis for
determining charges and shall adjust the unit treatment cost
in the formula to reflect increases or decreases in wastewater
treatment costs based on the previous year's experience.
(D) The city shall bill the discharger by the month and
shall show industrial waste charges as a separate item on
the regular bill for water and sewer charges. The discharger
shall pay monthly in accordance with practices existing for
payment of sewer charges. (Ord. No. 1765, § 1, 3- 13 -75)
Sec. 34 -33. Power to enter property.
(A) The director and other duly authorized employees of
the city bearing proper credentials and identification are en.
titled to enter any public or private property at any reason-
able time for the purpose of enforcing this chapter.
Supp. No. 22 176.44
51114 -3tt
§ 34-33 WASTE DISPOSAL § 34.34
(B) Anyone acting under this authority shall observe the
establishment's rules and regulations concerning safety, in.
ternal security, and fire protection.
(C) Except when caused by negligence or failure of the
company to maintain safe conditions, the city shall indemnify
the company against loss or damage to its property by city
employees and against liability claims and demands for
personal injury or property damage asserted against the
company and growing out of the sampling operation.
(D) The director and other duly authorized employees of
the city bearing proper credentials and identification are en-
titled to enter all private properties through which the city
holds a negotiated easement for the purposes of-
(1) inspection, observation, measurement, sampling, or
repair;
(2) maintenance of any portion of the sewerage system
lying within the easements;
(3) conducting any other authorized activity.
All activities shall be conducted in full accordance with
the terms of the negotiated easement pertaining to the private
property; involved.
(E) No person acting under authority of this provision may
inquire into any processes including metallurgical, chemical,
oil refining, ceramic, paper, or other industries beyond that
point having a direct bearing on the kind and source of dis-
charge to the public sewers. (Ord. No. 1765, § 1, 3- 13 -75)
Sec. 34 -34. Authority to disconnect service.
(A) The city may terminate water and wastewater disposal
service and disconnect an industrial customer from the sys.
tem when:
(1) Acids or chemicals damaging to sewer line or treatment
process are released to the sewer causing rapid deterio-
ration of these structures or interfering with proper
conveyance and treatment of wastewater;
Supp. No. 22
1276.45
....f:: w,t••�
51114 -3uu
§ 34-34 BAYTOWN CODE § 34.35
W
(2) A governmental agency informs the city that the
effluent from the wastewater plant is no longer of a
quality permitted for discharge to a watercourse, and
it is found that the customer is delivering wastewater
to the city's system that cannot be sufficiently treated
or requires treatment that is not provided by-the city
as normal domestic treatment; or
(3) The industrial customer:
(a) Discharges industrial waste or wastewater that is
in violation of the permit issued by the approving
authority;
(b) Discharges wastewater at an uncontrolled, variable
rate in sufficient quantity to cause an imbalance
in the wastewater treatment system;
(c) Fails to pay monthly bills for water and sanitary
sewer services when due; or
(d) Repeats a discharge of prohibited wastes to public
sewers.
(B) If service is disconnected pursuant to subsection (A)(2) �
of this section, the city shall:
(1) Disconnect the customer;
(2) Supply the customer with the governmental agency's
report and provide the customer with all pertinent
information; and
(3) Continue disconnection until such time as the in-
dustrial customer provides additional pretreatment or
other facilities designed to remove the objectionable
characteristics from his industrial wastes. (Ord. No.
1765, § 1, 3.13 -75)
Sec. 34 -35. Notice.
The City may serve persons discharging in violation of
this article with written notice stating the nature of the viola-
tion and providing a reasonable time limit for satisfactory
compliance. (Ord. No. 1765, c 1, 3- 13 -75)
5upp. No. 22
1276.46
51114 -3vv
934-36 WASTE DISPOSAL § 34.38
Sec. 34 -36. Continuing prohibited discharges.
No person may continue discharging in violation of this
article beyond the time limit provided in the notice. (Ord.
No. 1765, § 1, 3- 13 -75)
Sec. 34 -37. Penalty.
(A) Any person, firm or corporation violating any pro-
visions of this article or failing to observe any provisions
hereof shall be deemed guilty of a misdemeanor and upon
conviction shall be fined in any sum of not more than two
hundred dollars ($200.00), and each violation shall constitute
a separate offense.
(B) In addition to proceeding under authority of subsection
(A) of this section, the city is entitled to pursue all other
cr`ininal and civil remedies to which it is entitled under
authority of statutes or other ordinances against a person
continuing prohibited discharges. (Ord. No. 1765, § 1, 3 -13-
75)
Sec. 34 -38. Failure to pay.
In addition to sanctions provided for by this article, the
city is entitled to exercise other sanctions provided for by
this Code and other ordinances of the city for failure to
pay the bill for water and sanitary sewer service when
due. (Ord. No. 1765, § 1, 3- 13 -75)
5upp. No. 22
1276.47
W
: cn
= 3
m
�. cn
O
c
o
r
W �
J
m d
Q ++
0
�X
J e�
v
1+1
J
CL
+�+ W
Q
^W
r F-
v Q
0
�r
d�
co
0
r-I
M
0
N
r-
03
r--I
r-I
51114 --ivm
51114 -3xx
EXHIBIT "B"
51114 -3yy
WASTE -WATER DISPOSAL C]NTRACT BETWEEN
CITY OF BAYTOM, TEXAS, AND
SAN SACINTO PUCE "ICIPAL UTILITY DISTRICT iii. 2
THE STATE OF TEXAS §
COLNTY OF HARR I S §
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 SAN JACINTO PLACE NLNICIPAL UTILITY DISTRICT NJ. 2,
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 (the "District ").
RECITAL
1. The City is a municipal corporation and hoine -rule city
principally located in Harris County, Texas. The City owns and
leases sewage treatment facilities and desires to sell treatment
capacity to the District.
2. The District is a conservation and reclamation district
organized and existing under Article XVI, Section 59 of the
Constitution of the State of Texas, created by an Order of the
Texas Water Carrrnission, and operating pursuant to Chapter 54,
Texas Water Code, as amended.
3. The District will own a sewage collection system serving
the "Service Area" and desires to purchase treatment of its
sewage from the City.
4. The District is empowered to collect, transport,
process, dispose of, and control all domestic, industrial or
com-nunal waste whether in fluid, solid, or composite state.
5. The District is authorized to purchase, construct,
acquire, own, maintain, repair or improve or extend inside and
outside its boundaries any and all works, improvements,
1
51114 -3zz
facilities and plants, necessary and incidental to the
collection, transportation, processing, disposition, and control
of all waste.
6. All or part of the "Service Area" lies within the
extraterritorial jurisdiction of the City, as established by the
Municipal Annexation Act, Article 970a, Texas Revised CiviL
Statutes. The parties acknowledge the possibility that the City
may annex the "Service Area" during the term of this Contract,
and the parties have agreed to certain procedures designed to
avoid confusion and dislocation of utility service upon
annexation. in addition, the parties desire to avoid overlapping
responsibilities for utility service.
7. The parties have determined that they are authorized to
ente - 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).
NOW THEREFORE, and in consideration of the premises and the
mutual convenants and agreements herein contained the parties
hereto do mutually agree as follows:
ALI-tEENENT
ARTICLE I
Definitions
The terins and expressions used in this Contract, unless the
context clearly shows otherwise, and in addition to other defined
terms herein, have the following meanings:
1.01. "City's System" shall mean the system for the
collection, transportation and treatment of waste, and any
extensions or additions thereto, currently serving or that may be
constructed to serve the City.
1.02. "Director" shall mean the Director of Public Works
of the City of Baytown.
1.03. "District's System" shall mean the system for the
collection and transportation of waste, and any extensions
thereof and additions thereto, to be constructed to serve the
2
51114 -3aaa
District, including those lines and facilities necessary for the
transportation of waste from the District to the paint of
interconnection with the City's system.
1.04. "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.
1.05. "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.
1.06. "Interconnection" shall mean those improvements
necessary for the connection of City's System and District's
System as set forth herein and more particularly described as the
lift station south of Interstate 10 on Goose Creek that is to be
built by the District.
1.07. "Prohibited Waste" shall be those discharges
prescribed by the City of Baytown's Industrial Waste Ordinance as
set forth in Article II of Chapter 34 of the Code of Ordinances
of the City of Baytown, a copy of which is attached hereto as
Exhibit "i3" and for all purposes made a part of this contract.
All future amendments to Baytown's Industrial Waste Ordinance
shall apply to this contract when such amendments are adopted.
1.08. "Service Area" shall mean the area within the
boundaries of the District.
1.09. "Sewage" shall mean wastewater 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.U. is not more than 250 mg /1.
1.10. "Treatment Plant" or "Plant" shall mean the City's
West District Treatment Plant and Central District Treatment
Plant including all additions or modifications thereto which may
occur subsequent to the execution of this Contract.
1i
51114 -3bbb
1 . 1 1 . "Waste" shall mean sewage and industrial waste
collected by a sanitary sewer system, together with such
infiltration water as may be present, proviaed that such system
is constructed in compliance with City specifications and
continually and promptly maintained and repaired.
ARTICLE 11
CONSTRUCT 1 C3N OF I NPRO VENEN T S BY DISTRICT
2.01. District's Waste Collection System. District shall
acquire or construct, or cause to be acquired or constructed, a
Waste Collection System ( "District's System "). No cost for the
acquisition or construction of the District's System, including
engineering fees, the acquisition of any lands or easement in
connection therewith, and obtaining the approval of any
regulatory agency shall be borne by the City.
2.02. City Approval of Plans and specifications. Prior to
the initiation of any construction of the District's System, the
engineers of the District shall submit to the Director for
written approval the plans and specifications for the District's
System. No construction of the District's System shall begin
until such plans and specifications are approved in writing by
the Director. The District's engineer will provide the City,
upon completion of the construction, with one set of "as built"
drawings, which meet the approval of the Director and a
certification that the District's 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 subsequent alterations or
modifications made on the District's Sys tern during the term of
this Contract.
2.03. Inspection. The District specifically grants the
City the right to inspect at any time any and all construction in
order to determine whether such construction is in substantial
conformance with the City's standards and the approved plans and
4
51114 -3ccc
specifications. Should any such construction during construction
or after completion, but before acceptance by the City, be found
not to conform in some material respect with the City's standards
or the approved plans and specifications, then the District shall
immediately upon receiving written notice from the City of such
non - conformance take those remedial steps necessary to meet tree
required standards.
2.04. Points of Dischar e; Interconnection. The point of
discharge from the District's System to the City's System shall
be the lift station south of Interstate 10 on Goose Creek that is
to be built by the District. The parties to this Contract may by
mutual consent designate additional or substitute points of
discharge to serve the Sanitary Sewer Collection System.
2.05. Completion of Construction. Upon completion of the
construction provided for in Section 2.01, the City agrees to
receive from the District, and the District agrees to discharge,
for the price and at the point or points of delivery herein
provided, such volumes of waste at such times as provided in
Article IV of this Contract, consistent with other limitations as
stated herein.
2.06. Commencement of Use of Interconnection. The
Interconnection shall be placed into operation only upon the
inspection and approval of the Interconnection and the District's
System by the engineers of City and District.
2.07. Flow Device. The District shall purchase and install
at the point of discharge, or some other location on its system
acceptable to the Director, a metering or recording device, also
acceptable to the Director, capable of recording total flow on a
daily basis for a least a week's time including peak daily
flows,as stated in Exhibit "C." This device shall be the sole
reporting device used to determine the flows stated in Exhibit
"L." The District shall maintain this device in good operating
condition at ail times and calibrate it for accuracy at least
once every six (6) months. The City shall have the right to
5
51114 -3ddd
insp- -ct 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 fifteen percent (15 %) 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 after request of the City render any and all repairs or
replace said device if necessary to provide 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.
ARTICLE III
OMER SH I P , OPERATION N11)
MAINTE=NANCE OF SYSTEM
3.01. Ownership of System. The District shall own the
District's System.
3.02. Operation of the S stem. The District shall operate
and maintain at its own expense the District's System and will
promptly repair any of its facilities so as to prevent
infiltration. However, should the District fail to operate and
maintain the District's System in a manner consistent with sound
engineering principles and should such failure become a danger to
the continued proper operation of any portion of the City's
System then such failure shall be considered an Event of Default.
3.03. City's Plumbin Cade. The t)istrict covenants and
agrees to comply with the City's current Plumbing Code for
sanitary sewer facilities and agrees not to permit plumbing work
r e I a L i n g to sewer service or allow connection to its Waste
Collection System except in compliance with the City's Code and
after inspection and approval by the District's operator or other
authorized representative.
The District further agrees that all plumbing connections
shall be maintained in compliance with the Plumbing Code
requirements of the City. In order to enforce this provision the
T
51114 -3eee
City inspectors shall be permitted to act for ano on behalf of
the District with or in lieu of the District operation, and the
district will enforce any notices issued by such inspectors. If
any such notices are not complied with, the District shall
discontinue sewer service when this may be legally done pursuant
to the District's Rate Order upon the request of the City to do
SO.
Should the District for any reason fail to enforce the
standards established by the City Plumbing Code for sewer
facilities or should the District fail to comply with the
foregoing provisions of this section, such failure shall be an
Event of Default.
3.04. Outside Service Contracts. The District agrees that
should the District desire to delegate responsibility for
maintenance or for supervision of its System to any individual or
entity other than its own employees or a sewage plant operator
holding a valid certificate of competency issued under the
direction of the Texas State Health Uepartment as required by
Section 20(a) of article 4477 -1, then any such proposed service
arrangement, by written contract or otherwise, must be approved
by the Director, whose consent shall not be unreasonably
withheld, prior to execution by the parties. Failure of the
District to submit any such proposed service agreement to the
Director prior to its execution shall be considered an Event of
Default. Any outside service agreement, whether submitted to the
City or not, shall contain a clause terminating the service
agreement as to the District on the date of annexation of the
District by the City.
3.05. Industrial Waste. The District shall regulate the
Discharge of Industrial Waste from within its boundaries into its
Sanitary Sewer Collection System, and in turn into the City's
System, including any requirements far pretreatment before
discharge into the District's System if necessary to ,neet the
quality requirements as stated in the City's Industrial Waste
7
51114 -3fff
Jrdi -ance or as required by any regulator agency. No such
discharge will be permitted without prior written approval. The
applicant industry and the district shall file a statement with
the Director 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 shall permit no
industrial waste connections until same are approved in writing
by - the Director, but the City (subject to the specific
requirements stated herein) agrees to permit connections to
discharge Industrial Waste into the City's 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 system within the City's corporate limits in accordance
with the City's ordinance and rules and regulations Nromuigated
pursuant thereto and in effect at the time each application is
received, including compliance with all the requirements of the
City's Industrial Waste Ordinance, a copy of which is attached
hereto as Exhibit "ES," and for all purposes made a part of this
Contract, including all future amendments to said ordinance;
provided, however, the City shall not under any conditions be
required to accept "Prohibited Waste."
District specifically agrees to adopt far purposes of
setting rates those classifications of industrial and commercial
activity and those industrial waste standards stated in the
City's sewer rate ordinance and industrial waste ordinance. In
addition, Uistrict agrees that all such activity will comply with
all requirements for connection to the City's System, including
acquiring appropriate District Industrial Wastewater Discharge
Permits. As a condition of connection to the System, all
0
51114 -3ggg
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 (2) to provide to the
Director on a bi- annual 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 BUD,
TSS, CUD, oil and grease, and heavy metals, such analysis to be
performed by an independent testing laboratory approved by the
Director.
3.06. Waste to Comply with City Ordinances. Discharges of
waste into the District's System shall comply with all applicable
City Ordinances. The District is obligated to assume the
responsibility to enforce the applicable City ordinances with
respect to irnperrnissible discharges of Prohibited Wastes
originating from within the District. Failure of the District to
enforce said City ordinances shall be considered an Event of
Default.
3.07. Seepage and Infiltration. District agrees that it
will adopt and enforce written rules, regulations, and provisions
in all contracts of connection with any and all customers
designed to insure that connections to the Waste Collection
System will be such as to prevent as much as feasibly possible
the discharge into said System of anything except sewage; and in
particular, but without limitation thereto, that no drains shall
be installed or connected in such a manner that any rainwater or
other surface waters are permitted to enter said waste Collection
System; and, in addition, that adequate safeguards will be taken
to prevent any abnormal seepage or infiltration or discharge of
any solid matter into said System. Within ninety (90) days
following the date of execution of this Contract, the District
shall supply the Director with a copy of such rules, regulations,
and contracts, including a statement of measures designed to
enforce such provisions. The District shall initiate whatever
lawful actions are necessary to disconnect any customer who,
51114 -3hhh
foll,wing notice, refuses to remove noncompliant connections.
The District will routinely inspect alt 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 System so as to prevent any
abnormal seepage or infiltration or discharge of any solid matter
into said System. Failure to do so shall be an Event of Default
notwithstanding any payments pursuant to the following paragraph.
In the event excess infiltration or abnormal seepage or the
discharge of solid matter or surface water into the District's
system is present, the District covenants and agrees to pay the
additional charges provided for in Section 5.02(b) herein 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 the District is making adequate and
proper repairs for the purpose of safeguarding the City's System.
3.08. participating in State and Federal Drant Programs;
Contribution to Costs. The District recognizes that the City 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, as
amended. Furthermore, the 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
rega. ding contributors to the City's System. The District
recognizes that by virtue of this Contract it is a contributor to
the City's System, and as a contributor shall be required to take
all necessary steps to enable the City to continue to comply with
such programs and to bear the District's pro rata share of the
expense of such compliance. More specifically, the District
authorizes the City and its representatives to enter District
10
51114 -3iii
property and to conduct those tests, including infiltration/
inflow analyses, smoke tests, or other similar analyses 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 System. The
District agrees to pay the casts of such analyses of its System
not refunded by the state or federal government to the City. In
addition, the District agrees to pay the unrefunded cost of any
remedial measures necessary to improve the District's System
compliance with state or Federal requirements and agrees to see
that such remedial measures are timely taken. Such steps are not
exclusive, and District agrees to take all steps necessary to
assure City's compliance with such programs. Failure of the
District to comply with this section shall constitute an Event of
UefauIt.
3.09. Ueli very of and Title to Waste. Title to all waste
to be treated hereunder shall remain in a particular party so
long as such waste remains on such party's side of the
Interconnection. Upon passing through the Interconnection, title
thereto shall pass to the other party; however, the City shall be
under no responsibility to accept those waste materials which do
not conform with quality or quantity standards as otherwise
specified herein including "Prohibited Waste."
ARTICLE IV
SC}- IEIDULE AND VOLUNE S OF WASTE
4.01. General. In consideration for the compensation
stated herein the City shall accept from the District and treat
the volumes of waste in the intervals shown on Exhibit "C"
attached hereto and incorporated herein for all purposes.
The values listed on Exhibit "C," Column 4 are the volumes
of waste which 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 5.02(a) herein, without Additional
Compensation as provided in Section 5.02(b) herein. The volumes
11
51114 -3jjj
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 3 represents
an allowance of 25% over the permitted flow for high flow
contingencies and infiltration during the life of the Contract.
4.02. Capacity Reserved. The City convenants and agrees
that it has reserved for the exclusive use and benefit of the
District the capacity in its Plant to treat the volumes of waste
on the dates indicated in Exhibit "C."
4.03. Additional Capacity. Should the District's needs,
for whatever reason (including infiltration), exceed those stated
in Exhibit "C," based on flow data or readings pursuant to
Section 2.07 hereof for total throughput, the District agrees to
pay the Additional Compensation as provided in Section 5.02(b) of
this Contract.
4.04. Service Contracts with Other Entities. The District
shall not permit any entity located outside the Service Area to
connect to the District's System during the term of this Contract
without the express written consent of the City. Failure to
comply with this provisions shall constitute an Event of Default.
ARTICLE V
PAYMENT AND TERMS
5.01. Capital Contribution. As a contribution to the
capital investment of the City and in consideration for
connection to the City's System, the District shall pay to the
City the amount of THREE HUNDRED EIGHT THOUSAND NINE HUNDRED
TWENTY -FIVE AND NO /100 ($308,925.U0) DOLLARS, within two (2)
weeks of the funding of the first issue of capital improvement
bonds by the District. Notwithstanding the above, however, the
District is obliged and hereby promises to pay or cause to be
paid to the City said amount no later than two (2) years from the
date of this Contract. Additionally, in order to further secure
District's assurance of the availability of such funds, the
District will provide or cause to be provided to the City an
irrevocable letter of credit, payable to the City, in a form
12
51114 -3kkk
acceptable to the City in the amount of THREE HUNDRED EIGHT
THOUSAND NINE HUNDRED TWENTY -FIVE AND NO /100 ($308,925.00)
DOLLARS, so that, should the City be required to enlarge or
expand its wastewater facilities to provide service to District
in the amounts set forth herein prior to the payment to the City
by the District of THREE HUNDRED EIGHT THOUSAND NINE HUNDRED
TWENTY -FIVE AND NO /100 ($308,925,00) DOLLARS described above,
then, in such event, the Letter of Credit can be drawn upon by
the City in such amounts and installments necessary in order to
provide funds for such enlargement or expansion of wastewater
facilities in the amount of District's pro rata share of any such
capital expansion costs. The City shall also be entitled to draw
upon the full amount of such letter of credit if the full amount
of the capital investment contribution has not been paid with two
(2) years of the date of this Contract.
5.02. Monthly Charges. The District shall pay to the City
in monthly installments the following:
(a) Service Charge. A service charge (to cover the
City's operation and maintenance) equal to the City's
minimum charge and additional charges, if any, 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 District's System, delivered to the City at the point
or points of discharge, and treated by the Plant. The
average consumption for like uses shall be reviewed
annually. The charge shall be calculated 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 individual user. A copy of the City's present rate
ordinance for sanitary sewer service, as set forth in
Section 31 -65 of the Code of Ordinances of the City of
Baytown, in effect as of the date of this Contract, is
13
51114 -3111
attached as Exhibit "A," and incorporated herein; a copy of
the City's present ordinance for disposal of industrial
waste, is attached as Exhibit "B."
(b) Additional Service Charge. The District covenants
and agrees to an additional charge for those volumes
delivered in excess of the amounts stated as "Total
Acceptable Volume" in the Exhibit "C" 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, or Three Hundred ($300.00) Dollars per month,
whichever amount is greater.
5.03. 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, and the District shall have the right at
any time to inspect the City's books, records, and accounts, to
verify the charges levied by the City. It shall be the duty of
the parties to cooperate fully with each other in any such count,
inspection or audit. Ail books, records, and accounts shall be
open for inspection at all reasonable hours by any authorized
representatives of the parties.
5.04. Billing and Payments. Beginning on the date when the
City first commences taking waste from the District through the
Plant, the District shall 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
5.02(a) and 5.02(b). On receipt of the above described
accounting, the Director will bill the District for the service
charges accrued during the preceding month. Payment by the
District to the City shall be made within thirty (30) days
following the receipt of the bill.
14
51114 -3mm
Any sums payable by the District to the City under this
Contract which are not paid within thirty (30) days following the
receipt of the bill shall bear interest at the rate of ten (10`x)
per cent per annum form the date such indebtedness matured until
payment. if the District defaults on the payment of any bill,
and 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 (10°5)
per cent computed thereupon for collection thereof by suit.
Failure to pay charges when due shall constitute an Event of
Default.
5.05. Service Charge Modifications. Although the City
believes that the present charges for such services as set forth
in Section 5.02(a) herein are fair and reasonable; nonetheless,
the parties realize that due to unforeseen contingencies, the
City may increase the charges for such services, either oy
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 term of this
Contract unless the rates for other similar customers purchasing
such services from the City are also increased pro rata.
5.06. Operating Expense and Covenants as to Dates. The surn
to be paid the City by the District under the terrns of this
Contract are declared by the District to be an essential cost of
operating and maintaining the District's 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.
15
51114 -3nnn
5.07. Events of Default. An Event of Default, as stated
from time to time herein, shall constitute a material breach of
this Contract for which the City may, and the District explicitly
recognizes the City's right, to terminate service under this
agreement and to seek all remedies at law or in equity necessary
to enforce the provision violated; provided however, that this
agreement shall not be terminated prior to the City's giving ten
(10) days written notice to the District of the Event of Default
complained of and a reasonable opportunity for the District to
cure said default, or, if not curable in that time, to within ten
(10) days commence substantial curative efforts. Termination of
service pursuant to this section shall not limit either party to
any other remedy at law or in equity.
ARTICLE VI
MISCELLANE.aIS PROVISIONS
6.01. 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 particulars 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
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 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
16
51114 -3000
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.
6.02. Approval. Whenever this Contract requires or permits
approval or consent to be hereafter given by any party, such
approval or consent shall not be unreasonably withheld, and, 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 on behalf shall be evidenced by
an ordinance or resolution adopted by the governing body of the
party, or by an appropriate certificate executed by 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 tile governing body, unless
stated otherwise herein.
6.03. 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 provide or permitted to be given, mane 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 appropriate, addressed to the party to be
notified. Notice deposited in the mail in the manner hereinabove
described shall be conclusively deemed to be effective, unless
otherwise 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. However, in the
event of service interruption or hazardous conditions, neither
17
51114 -3ppp
party will delay remedial action pending the receipt of formal
notice. For the purpose of notice, the address of the parties
shall, until changed as hereinafter provided, be as follows:
if to the City, to:
Director of Public Works
City of Baytown
P. O. Box 424
Baytown, Texas 77520
if to the District, to:
Leonard Koehn Hurt Schweinle Strawn and Ingoldsby
Attorneys at Law
Su i to 150
6750 West Loop South
Bellaire, Texas 77401
The parties shall have the right from time to time and at
any time to change their respective addresses and each address,
provided at least fifteen (15) days written notice is given of
such new address to the other parties.
6.04. Assi g nab iIit y . This Contract shall bind and benefit
the respe -ctive 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 party.
6.05. Re uIator y A encies. 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 jurisdiction.
6.06. No Additional Waiver Im lied. 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 terms covenarit or condition by
any other party hereto, but the obligation of such other payment
with respect to such future performance shall continue in full
force and effect.
6.07. Modification. Except as otherwise provided herein,
this Contract shall be subject to change or modification only
with the mutual consent of the parties hereto.
18
51114 -3ggq
6.08. 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 by subject to any liability in damages to any
customer of the District for any failure to perform its
obligations under this Contract.
6.09. 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.
6.10. 5everability. The provisions of this Contract are
severable, and if any provision or part of this Contract or the
application thereof to any person or circumstance shall ever be
held by any court of competent jurisdiction 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.
6.11. Merger. This Contract embodies the entire
understanding and agreement between the parties as to sanitary
sewer service, and there are no prior effective representations,
warranties or agreements between the parties.
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 authorize this
Contract.
6.13. Term. This Contract shall be in force and effect
from the date of execution hereof for a term of thirty (3Q) years
and shall 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.
19
51114 -3rrr
DATED this the day of 9
1985.
CITY OF BAYTUW4
EMvETT O. HUTTO, Mayor
EILEEN P. HALL, City Clerk
( SEAL)
SAN JACINTO PLACE MJ,1ICIPAL UTILITY
01 STRICT iVO. 2
President
Secretary
(SEAL)
20
51114 -3sss