Ordinance No. 14,357ORDINANCE NO. 14,357
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING (I) THE FIRST AMENDMENT TO THE STRATEGIC
PARTNERSHIP AGREEMENT WITH CHAMBERS COUNTY MUNICIPAL
UTILITY DISTRICT NO. 1 AND (II) THE FIRST AMENDMENT TO THE
STRATEGIC PARTNERSHIP AGREEMENT NO. 2 WITH CHAMBERS COUNTY
MUNICIPAL UTILITY DISTRICT NO. 1; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
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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 City Manager to execute and the City Clerk to attest to the First Amendment to the Strategic
Partnership Agreement with Chambers County Municipal Utility District No. 1. A copy of said
amendment is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager to execute and the City Clerk to attest to the First Amendment to the Strategic
Partnership Agreement No. 2 with Chambers County Municipal Utility District No. 1. A copy of said
amendment is attached hereto as Exhibit "B" and incorporated herein for all intents and purposes.
Section 3: 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 ve vote of the City Council of the City of
Baytown this the 26`h day of March, 2020.
BRANDON CAPETILLO, Ayor
A EST:
LETICIA BRYSCH, ' Clerk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR.Caty Attorney
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Exhibit "A"
FIRST AMENDMENT TO THE
STRATEGIC PARTNERSHIP AGREEMENT
BETWEEN THE CITY OF BAYTOWN, TEXAS,
AND THE CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
THE STATE OF TEXAS
COUNTY OF HARRIS
This First Amendment (the "First Amendment") to that certain Strategic Partnership
Agreement between the City of Baytown, a municipal corporation situated in Harris and
Chambers Counties, Texas, acting by and through its governing body, the City Council of the
City of Baytown, Texas (the "City"), and Chambers County Municipal Utility District No. 1, a
conservation and reclamation district created pursuant to Article XVI, Section 59, Texas
Constitution and operating pursuant to Chapters 49 and 54, Texas Water Code (the "District") is
made by and between the same parties on the date herein after last specified.
RECITALS
WHEREAS, the City and the District entered into the Strategic Partnership Agreement on
the 27`h day of June, 2005 (the "Agreement"); and
WHEREAS, the Agreement shall expire on March 3, 2021, unless extended; and
WHEREAS, pursuant to Section 9.03 of the Agreement, the District and the City by
mutual consent desire to amend the terms and conditions of the Agreement in order to extend the
Agreement until June 14, 2044, consistent with the term of the Water Supply and Waste Disposal
Agreement, as amended by the Seventh Amendment thereof,
NOW THEREFORE, THE PARTIES CONTRACT AND AGREE AS FOLLOWS:
1. Definitions. Unless a different meaning clearly appears from the context, words and
phrases as used in this First Amendment shall have the same meanings as in the
Agreement.
2. Amendment.
a. Article IX 'Binding, Agreement, Term and Amendment," Section 9.02 "Term" of
the Agreement is hereby amended to read as follows:
Section 9.02. Term.
This Agreement commences and binds the Parties on the
Effective Date and continues until June 14, 2044, unless earlier
terminated. This Agreement shall be automatically extended for
additional five (5) year terms unless either party gives written
First Amendment, Page 1
of Chambers County Municipal Utility District No. 1, a political subdivision of the State of
Texas, on behalf of said political subdivision.
1
a ubli to and fo a ate of Texas
(NOTARY SEAL)
No�J RON YOU
NG
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JUNE 19, 2021 ti
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By:
RICHARD L. DAVIS, City Manager
ATTEST:
By:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me this day of , 2020,
by Richard L. Davis, as City Manager and Leticia Brysch, as City Clerk of the City of Baytown,
a home -rule municipal corporation in Harris and Chambers Counties, Texas, on behalf of said
municipal corporation.
Notary Public in and for the State of Texas
\\COBFS01\LegaP.Karen\Files\Contracts\Limrted Annexation Contract\Chambers County SPA Extension\FirstAmendment2SPA doc
First Amendment, Page 3
Exhibit "B"
FIRST AMENDMENT TO THE
STRATEGIC PARTNERSHIP AGREEMENT NO.2
BETWEEN THE CITY OF BAYTOWN, TEXAS,
AND THE CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. I
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This First Amendment (the "First Amendment") to that certain Strategic Partnership
Agreement No. 2 between the City of Baytown, a municipal corporation situated in Harris and
Chambers Counties, Texas, acting by and through its governing body, the City Council of the
City of Raytown, Texas (the "City"), and Chambers County Municipal Utility District No. 1, a
conservation and reclamation district created pursuant to Article XVI, Section 59, Texas
Constitution and operating pursuant to Chapters 49 and 54, Texas Water Code (the "District") is
made by and between the same parties on the date herein after last specified.
RECITALS
WHEREAS, the City and the District entered into the Strategic Partnership Agreement
No. 2 on the 281h day of January, 2008 (the "Agreement"); and
WHEREAS, the Agreement shall expire on March 3, 2021, unless extended; and
WHEREAS, pursuant to Section 9.03 of the Agreement, the District and the City by
mutual consent desire to amend the terms and conditions of the Agreement in order to extend the
Agreement until June 14, 2044, consistent with the term of the Water Supply and Waste Disposal
Agreement, as amended by the Seventh Amendment thereof;
NOW THEREFORE, THE PARTIES CONTRACT AND AGREE AS FOLLOWS:
Definitions. Unless a different meaning clearly appears from the context, words and
phrases as used in this First Amendment shall have the same meanings as in the
Agreement.
2. Amendment.
Article IX "Binding, Agreement, Term and Amendment," Section 9.02 "Term" of
the Agreement is hereby amended to read as follows:
Section 9.02. Term.
This Agreement commences and binds the Parties on the
Effective Date and continues until June 14, 2044, unless earlier
terminated. This Agreement shall be automatically extended for
additional five (5) year terms unless either party gives written
First Amendment, Page 1
of Chambers County Municipal Utility District No. 1, a political subdivision of the State of
Texas, on behalf of said political subdivision. ,
(NOTARY SEAL)
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ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
I:
IGNACIO RAMIREZ, SR., City Attorney
STATE OF TEXAS §
COUNTY OF §
CITY OF BAYTOWN, TEXAS
By:
RICHARD L. DAVIS, City Manager
This instrument was acknowledged before me this day of , 2020,
by Richard L. Davis, as City Manager and Leticia Brysch, as City Clerk of the City of Baytown,
a home -rule municipal corporation in Harris and Chambers Counties, Texas, on behalf of said
municipal corporation.
Notary Public in and for the State of Texas
\\COBFSOI\LegailKaren\Files\Contracts\Limited Annexation Contract\Chambers County SPA #2 Extension\FirstAmendment2SPA2 doc
First Amendment, Page 3
ORDINANCE NO. 14,357