Ordinance No. 8,023970710 -5
ORDINANCE =NO. 8023
® AN ORDINANCE AMENDING THE . WATER SUPPLY AND WASTE
DISPOSAL AGREEMENT BETWEEN THE CITY OF BAYTOWN AND
CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 TO EXPAND
THE SERVICE AREA TO INCLUDE SECTIONS 3 AND 4 OF COUNTRY
MEADOWS SUBDIVISION; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
WHEREAS, the City of Baytown (the "City ") and Chambers County Municipal Utility
District No. 1 (the "District ") did enter into a Water Supply and Waste Disposal Agreement on
March 4, 1996 (the "Agreement "); and
WHEREAS, the District desires to expand the Service Area to include Sections 3 and 4 of
Country Meadows Subdivision; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section l: The City Council of the City of Baytown hereby agrees to amend the
agreement between the City of Baytown and Chambers County, Municipal Utility District No. 1 to
expand the Service Area to include Sections 3 and 4 of the Country Meadows Subdivision. A copy
of said amendment is attached as Exhibit "A," which is attached hereto and incorporated herein 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 10`h day of July, 1997.
PETE C. ALFARO, Mayor
ATTEST:
/ /r-V-
EILEEN P: HALL, City Clerk
APPROVED AS TO FORM:
0
ACIO RAMIRE , R., City Attorney
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1
FIRST AMENDMENT
® TO THE
WATER SUPPLY AND WASTE DISPOSAL AGREEMENT
BETWEEN
THE CITY OF BAYTOWN, TEXAS
AND
CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
STATE OF TEXAS §
COUNTY OF HARRIS §
This First Amendment ( "Amendment ") to that certain "Water Supply and Waste Disposal
Agreement between the City of Baytown, Texas, and Chambers County Municipal Utility District
No. 1, dated March 4, 1996, is made by and between the same parties on the date hereinafter last
specified.
WITNESSETH:
WHEREAS, the City of Baytown (the "City ") and Chambers County Municipal Utility
District No. I (the "District ") did enter into a Water Supply and Waste Disposal Agreement on
March 4, 1996 (the "Agreement "); and
WHEREAS, the District desires to expand the Service Area to include Sections 3 and 4 of
Country Meadows Subdivision;
NOW THERZEF'ORE, for and in consideration of the mutual covenants and agreements
herein contained, the parties hereto do hereby mutually agree as follows:
Unless a different meaning clearly appears from the context, words and phrases as used in
this Amendment shall have the same meanings as in the Agreement.
Article I, "Definitions," Section 1.08 "Service Area" of the Agreement is hereby amended
to read as follows:
1.08 "Service Area" shall mean the area within the boundaries of the District and
within Sections 1, 2, 3 and 4 of Country Meadows Subdivision, consisting of a total
of 49.4312 acres and 209 single - family connections. The District covenants that the
Service Area is now and shall always be within the area as more particularly
described in Exhibit "D," which is attached hereto and incorporated herein for all
intents and purposes.
First Amendment to the Water Suppiv and Waste Disposal A,reemcnt, Page I
EXHIBIT A
•
Article IV, "Quantity and Capaciiy," Section 4.01 of the Agreement is hereby amended to
read as follows:
4.01 General.
(a) Water. Subject to the terms and conditions of this contract, City agrees to sell
and deliver (or cause to be delivered) to the District, the District's water requirements of
treated water, and the District agrees to purchase from City, the District's treated water
requirements for resale during the term of this contract for water services to be supplied in
Sections 1, 2, 3 and 4 of Country Meadows Subdivision, which consists of a total of 49.4312
acres. The District's total treated water requirements shall mean the total quantity of treated
water the District needs to conduct operations, use or resell within the 49.4312 acres.
(b) Waste. In consideration of the compensation stated herein, the City shall
accept and treat waste from the District and the District shall have the privilege of
discharging waste into the City's System, not to exceed 73,150 gallons per day average daily
flow (representing 209 anticipated single- family connections within Sections 1, 2, 3 and 4
of Country Meadows Subdivision).
IV.
The provisions of this Amendment and the provisions of the Agreement should be read
together and construed as one agreement provided that, in the event of any conflict or inconsistency
between the provisions of this Amendment and the provisions of the Agreement, the provisions of
this Amendment shall control.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one and
the same amendment, this day of , 1997.
DISTRICT
(Signature) (Date)
By:
(Printed Name)
(Title)
Chambers County Municipal Utility District, No. i.
First Amendment to the Water Su Iv and Waste Disposal A^_reemcnt, Page 2
ATTEST:
(Signature)
(Printed Name)
(Title)
APPROVED AS TO FORM:
(Signature)
(Printed Name)
(Title)
CITY
PETE C. ALFARO, Mayor (Date)
City of Baytown, Texas
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
10 cL
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�CAACIO RAMI SR., City Attorney
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First Amendment to the Water Supply and Waste Disposal Agreement, Page 3