Ordinance No. 4,60161211 --1
ORDINANCE NO. 4601
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A
SUPPLEMENTAL AGREEMENT WITH HARRIS COUNTY FRESH WATER SUPPLY
DISTRICT NO. 27 REVISING THE WASTEWATER DISPOSAL CONTRACT
WITH THE DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section l: That the City Council of the City of Baytown,
Texas, hereby approves and authorizes the execution of a
Supplemental Agreement with Harris County Fresh Water Supply
District No. 27 which revises the Wastewater Contract with the
District. A copy of the agreement is attached hereto, marked
Exhibit "A," 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
City Council of the
December, 1986.
and PASSED by the affirmative vote of the
City of Baytown, this the 11th day of
— i HUTTO,
ATTEST:
EILEEN P. HALL, City Clerk
RANDALL B. STRONG, City At..toShey
C:1:11:13
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SUPPLEMENTAL AGREEMENT TO WASTEWATER DISPOSAL
CONTRACT BETWEEN THE CITY OF BAYTOWN, TEXAS, AND
HARRIS COUNTY FRESHWATER SUPPLY DISTRICT NO. 27
THE STATE OF TEXAS
COUNTY OF HARRIS
WHEREAS, the City of Baytown (hereinafter called City) and
Harris County Fresh Water Supply District No. 27 (hereinafter
called District) entered into a Wastewater Disposal Contract on
the 23rd day of February 1978; and
WHEREAS, the parties desire
agreement by changing the terms
District to the City; and
to supplement and amend such
of the payments made by the
WHEREAS, the District recognizes that the City has a prior
capital investment in trunk sewer and plant construction and that
the City tax revenue in part provides the capital and maintenance
cost for the City's sewer facilities; and
WHEREAS, has been determined that the cost that should be
paid by the District as a buy -in to this capital investment is
TWO HUNDRED NINETY -TWO THOUSAND FORTY -THREE AND 56/100
($292,043.56) DOLLARS;
I
The parties hereby agree that from the effective date of
this supplemental agreement forward, the District shall no longer
be required to pay a ONE HUNDRED AND NO 1100 ($100.00) DOLLARS per
connection fee for sewer taps made to the sewer collection system
within the District. In lieu thereof, the District agrees to pay
the amount of TWO HUNDRED NINETY -TWO THOUSAND FORTY -THREE AND
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56/100 ($292,043.56) DOLLARS, which amount represents the total
amount due as a capital buy -in fee into the City's sewer
collection and plant system for the 502 taps currently existing.
In recognition of connection fees made prior to the date of this
agreement, the District will be given credit towards the capital
buy -in fee of TWO HUNDRED SIXTEEN THOUSAND EIGHTY -EIGHT AND
77/100 ($216,088.77) DOLLARS, leaving a balance due to the City
of SEVENTY -FIVE THOUSAND NINE HUNDRED FIFTY -FOUR AND 79/100
($75,954.79) DOLLARS. Said balance shall be paid in forty -seven
(47) monthly installments of ONE THOUSAND FIVE HUNDRED EIGHTY -
THREE AND N01100 ($1,583.00) DOLLARS, and a final installment of
ONE THOUSAND FIVE HUNDRED FIFTY -THREE AND 79/100 ($1,553.79)
DOLLARS,' first payment being due on January 1st, 1987, and each
month thereafter until the remaining balance has been paid. Any
sewer connections made in addition to the existing 502, shall pay
a FIVE HUNDRED AND N01100 ($500.00) DOLLARS capital buy -in fee.
II
Section 5.2(a), "Service charge" of the contract between the
District and City is amended to read as follows:
(a) Service cha gae. A service charge (to cover the
City's operation, maintenance and fixed costs)
equal to the City's charge to customers within
its city limits, such charges to be based upon
the average consumption of water for like
services within the city limits for waste which
is gathered by the sanitary sewer collection
system of the District, delivered to the City at
the point or points of discharge, and treated by
the City's wastewater treatment plants. The
average consumption for like useage 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
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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, City of
Baytown Ordinance No. 944, in effect as of this
Contract, is attached as an Exhibit "D," and
incorporated herein; a copy of the City's present
ordinance for disposal of industrial waste, City
of Baytown Ordinance No. 1765, in effect as of
the date of this Contract, is also attached as
Exhibit "C," and incorporated herein.
III
Section 6.13; "Term" of the contract between the District
and the City is amended to read as follows:
Section 6.13: Term. This contract shall be in force
and effect from the date of execution hereof for a term
of five (5) years and shall thereafter be automatically
extended for additional five (5) year terms unless
either party gives written notice of termination one (1)
year prior to the date for such automatic extension.
IV
The provisions of this Supplement Agreement and the
provisions of the Contract shall be read together and construed
as one agreement provided that, in the event of any conflict or
inconsistency between the provisions of this Supplemental
Agreement with provisions of the Contract, the provisions within
this Supplemental Contract shall control. The provisions of this
Agreement shall become effective December 1, 1986.
IN WITNESS WHEREOF, the parties hereto have executed this
Supplemental Agreement in multiple copies, each of which shall be
deemed to be an original, with all which shall constitute but one
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in the same Supplemental Agreement, this
, 1986.
ATTEST:
EILEEN P. HALL, City Clerk
S:5:4 :1
CITY OF BAYTOWN
EMMETT 0. HUTTO, Mayor
day of
HARRIS COUNTY FRESH WATER SUPPLY
DISTRICT NO. 27
By:
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President