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Ordinance No. 14,377ORDINANCE NO. 14,377 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A DEVELOPMENT AGREEMENT WITH AMERICUS HOLDINGS, LTD.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ***************************************************************************** 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 and City Clerk of the City of Baytown to execute and attest to a Development Agreement with Americus Holdings, Ltd. A copy of said agreement is attached hereto, marked Exhibit "A" 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 91h day of April, 2020. A ST: ETICIA BRYSCH, CiV Clerk APPROVED AS TO FORM: ACIO RAMIREZ, SR., Attorney BRANDON CAPETILLO, Aayor 3� C.irt� ` °°oo°ooe�Oetl t 11y,) ° a 08 �r a ''.cobfsOl'llegal'•.Karen'Files'CityCouncil Ordinances\2020\April9 DeveloperAgreementwithAmericusHoldingsLtd.doc Exhibit "A" DEVELOPMENT AGREEMENT STATE OF TEXAS COUNTY OF CHAMBERS This DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into as of , 2020 ("Effective Date"), by and between the CITY OF BAYTOWN, TEXAS, a municipal corporation and home -rule city or the State of Texas (the "City"); and AMERICUS HOLDINGS, LTD., a Texas limited partnership (the "Developer"), on behalf of itself and proposed Chambers County Municipal Utility District No. 3 (the "District"). RECITALS WHEREAS, Developer owns (i) the 187.1135 acres of land described in the attached Exhibit "A" (the "District Property"), all of which is located within the boundaries of the District and in the extraterritorial jurisdiction ("ETJ") of the City, and (ii) the 36.17 acres of land described in the attached Exhibit "A-1" (the "Annexation Property", and together with the District Property, the "Property"), all of which is currently located outside the boundaries of the District and in the ETJ of the City; and WHEREAS, the Developer anticipates that the District will be created for the purpose of providing water, sewer, drainage, detention, and road facilities to the District Property; and WHEREAS, the Developer has requested, or will request, that the District annex the Annexation Property into the boundaries of the District, subject to the City's consent to same, and the parties acknowledge that the Property will include the Annexation Property if and when such tract of land is annexed into the boundaries of the District; and WHEREAS, Developer would like to develop the Property outside the corporate limits of the City so that the Property is not subject to the ad valorem taxing jurisdiction of the City; and WHEREAS, Developer is agreeable to the District entering into the hereinafter defined Strategic Partnership Agreement with the City so that the provisions contained in the Strategic Partnership Agreement apply to the Property; and WHEREAS, the City desires to support the development or the Property outside the corporate limits of the City upon the terms and conditions of this Agreement; and WHEREAS, the City and the Developer have determined that they are authorized by the Constitution and laws of the State of Texas to enter into this Agreement, including particularly Texas Local Government Code, Section 212.172 et. seq., and have further determined that the terms, provisions, and conditions hereof are mutually advantageous to each. AGREEMENT For and in consideration of these premises and of the mutual promises, obligations, covenants, and benefits herein contained, the City and the Developer (each individually a "Party" and collectively, the "Parties") contract and agree as follows: ARTICLE 1 WAIVER OF FULL PURPOSE ANNEXATION 1.01 Strategic Partnership Agreement. In the event the Board of Directors of the District approves the Strategic Partnership Agreement in substantially the form and content attached hereto as Exhibit "B" (the "Strategic Partnership Agreement") and delivers a duly authorized and a fully executed copy thereof to the City prior to September 30, 2020, the City agrees, subject to the terms thereof, not to annex the Property into the corporate limits of the City for full purposes until the expiration of the Strategic Partnership Agreement, including any extensions thereof. 1.02 No Strategic Partnership Agreement. In the event the Board of Directors of the District fails to deliver the Strategic Partnership Agreement to the City, duly approved and executed by the District, by September 30, 2020, this Agreement may be terminated at the sole discretion of the City at any time on or after January 1, 2021. ARTICLE 2 TERM AND DEFAULT 2.01 Term. This Agreement shall be in force and effect from the Effective Date for a term of thirty (30) years. This Agreement shall be automatically extended for additional five (5) year terms unless either Party gives written notice of termination three (3) months prior to the date of any such automatic extension. 2.02 Default and Remedies. If a Party is in default of a material term of this Agreement, the non -defaulting Party shall be entitled solely to seek injunctive relief, mandamus or specific performance. Specifically, no default under this Agreement shall: entitle the aggrieved Party to terminate this Agreement; entitle the aggrieved Party to seek or recover monetary damages of any kind; or limit the term of this Agreement. 2.03 Limited Waiver of Immunity. The City hereby waives governmental immunity from suit solely for the purposes of adjudicating claims for breach of this Agreement. The City's limited waiver of immunity does not stand as a basis for any claim of damage against the City. All other immunities from suit, liability and damages are specifically retained by the City. ARTICLE 3 DEVELOPMENT REGULATIONS AND OBLIGATIONS 3.01 Plan of Development and Amendments. The Developer desires to develop the Property in accordance with the Plan of Development which is attached hereto as Exhibit "C" 2 and incorporated herein for all intents and purposes (the "Plan of Development"). The Plan of Development is the preliminary plan for the development of the Property and, with the prior written approval of the City, may be revised and refined by the Developer as the Developer continues its investigation of and planning for the Property and prepares a feasible and detailed plan for development of the Property. In no case shall the Plan of Development (i) be revised or refined to contradict any of the requirements of this Agreement, or (ii) be construed to limit or otherwise affect any right or obligation of the Developer unless approved in writing by both the City and Developer; provided that, in any case, no written approval of the City shall be necessary to vary by the number of lots contained in a residential subdivision by ten percent (10%) or less. The Developer will work collaboratively with the City to implement the requirements set forth in this Agreement and shall, in all instances, develop the Property to standards that meet or exceed all legal requirements generally applicable to development within the City and Chambers County, Texas. All development plans will be submitted to the City and Chambers County for approval to comply with not only all current, applicable laws, rules and regulations but also with the terms of this Agreement. The Developer shall develop the Property in strict accordance with approved Plan of Development. 3.02 Density, Land Use and Development Standards. The Developer shall develop the Property in conformance with the Applicable Ordinances, as defined in the Strategic Partnership Agreement. The Developer and the City acknowledge and agree that certain standards in the Unified Land Development Code (which is included as part of the Applicable Ordinances) are specifically amended for the Property as set forth in Exhibit "D", which is attached hereto and incorporated herein for all intents and purposes. 3.03 Platting and Subdivision Design Standards. The Developer shall subdivide the Property and comply with the minimum design standards in conformance with Chapter 126 of the Code of Ordinances, Baytown, Texas, as amended in Exhibit "E", which is attached hereto and incorporated herein for all intents and purposes. 3.04 Development Obligations. The Developer shall comply with the obligations specified in Exhibit "F", which is attached hereto and incorporated herein for all intents and purposes. ARTICLE 4 MISCELLANEOUS PROVISIONS 4.01 Address and Notice. Any notice to be given under this Agreement shall be given in writing, addressed to the Party to be notified as set forth below, and may be given either by depositing the notice in the United States mail postage prepaid, registered or certified mail, with return receipt requested; by messenger delivery; or by telecopy. Notice deposited by mail shall be effective three days after posting. Notice given in any other manner shall be effective upon receipt by the Party to be notified. For purposes of notice, the addresses of the Parties shall be as follows: If to the City, to: City of Baytown Attn: City Manager P.O. Box 424 Baytown, Texas 77522 Telecopy (281) 420-6586 With a copy to: City of Baytown Attn: City Attorney P.O. Box 424 Baytown, Texas 77522 Telecopy (281) 420-6586 If to Developer, to: Americus Holdings, Ltd. Attn: Andrew Schatte 5330 Montrose Houston, Texas 77005 Telecopy (713) 491-4840 With a copy to: Schwartz, Page & Harding, L.L.P. Attn: Bryan T. Yeates 1300 Post Oak Boulevard, Suite 1400 Houston, Texas 77056 Telecopy (713) 623-6143 The Parties shall have the right from time to time to change their respective addressees by giving at least fifteen (15) days' written notice of such change to the other Parties. 4.02 Parties in Interest. Except as specifically provided for in Section 4.08, including those regulations contained in Article 3 hereof, this Agreement shall be for the sole and exclusive benefit of the Parties hereto and shall not be construed to confer any rights upon any third parties. 4.03 Modification; Exhibit. This Agreement may be amended only upon written amendment executed by the City and Developer. 4.04 Captions. The captions of each section of this Agreement are inserted solely for convenience and shall never be given effect in construing the duties, obligations or liabilities of the Parties hereto or any provisions hereof, or in ascertaining the intent of either Party, with respect to the provisions hereof. 4 4.05 Interpretations. This Agreement and the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to sustain the validity of this Agreement. 4.06 Severability. If any provision of this Agreement or the application thereof to any person or circumstances is ever judicially declared invalid, such provision shall be deemed severed from this Agreement and the remaining portions of this Agreement shall remain in effect. 4.07 Further Documents. Each Party shall, upon request of the other Party, execute and deliver such further documents and perform such further acts as may reasonably be requested to effectuate the terms of this Agreement and achieve the intent of the Parties. 4.08 Recordation. This Agreement, and all amendments thereto, shall run with the land and be recorded in the real property records of Chambers County and be binding upon the Property, Parties, and all successor owners. Notwithstanding the foregoing, however, this Agreement shall not be binding upon, and shall not constitute any encumbrance to title as to, any end -buyer of a fully developed lot within the Property which has been improved with a residential dwelling unit except for land use and development regulations, City Ordinances that apply to specific lots or residents of the City, and annexation of the property by the City. For purposes of this Agreement: (a) the term "end -buyer" means an owner of any fully developed lot within the Property, but said end -buyer will not be considered the Developer, and (b) the terms "fully developed lot" means any lot, regardless of the use, for which a certificate of occupancy has been issued for a structure thereon. (EXECUTION PAGES FOLLOW) 5 IN WITNESS WHEREOF, the Parties herein have executed this Agreement in multiple copies, each of equal dignity, as of the date first given above. CITY OF BAYTOWN, TEXAS ATTEST (SEAL) THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on this __ _ day of , 2020, by , the of City of Baytown, Texas, on behalf of said city. Notary Public in and for the State of T E X A S (SEAL) AMERICUS HOLDINGS, LTD., a Texas limited partnership By: Town and Country Ventures 11, Inc., a Texas corporation, its General Partner Un THE STATE OF TEXAS COUNTY OF HARRIS Andrew A. Schatte, President This instrument was acknowledged before me on this this day of , 2020, by Andrew A. Schatte, President of Town and Country Ventures 11, Inc., a Texas corporation, General Partner of Americus Holdings, Ltd., a Texas limited partnership, on behalf of said entities. (SEAL) Notary Public in and for the State of TEXAS EXHIBIT "A" Description of the District Property Cha►r�bers County Municipal Utility District No. 3 187.1135 Acres STATE OF TEXAS COUNTY OF CHAMH6R$ § Chambers County School Land League Abstract No. 321 A METES AND BOUNDS of certain f87.1135 acre tract of land situated lh the Chambers County School Land League, Abstract No. 321 in Chambers County, Texas, being all of a called 5.7270 acres conveyed by Deed Mpntgomery Jett Angel Trust recorded in Document No. 2018.137473 of the Official Public Records of Chambers County (OPRCb), the remainder of a called 154.012 acres (Tract3) conveyed by Correetlon Warrahty Deed Park Block, Ltd. and recorded in Volume 11.61 at Page 209 QPRCC, all of a called 41.749-0 acres conveyed by Correction Deed to The Noor Foundation and recorded in Docuhignf No. 2018-131695 QPRCC, and all of a called 27.407 acre$ conveyed by Deed to Harry W. Freeman, Trustee recorded in Volume 173, Page 303 of the Deed Records of Chambers County (DRCC) (now carried in the name of Family Interests, Ltd, on ta4 roll); said 187.1.135 acre tract being more pdrticylafly described as f¢Iluws with all bearings being based on the Texas Coordinate System of 1983, South Central Zone; BEGINNING at a Point -for -corner being in the south right-of-way 110 of Interstate Highway No, 1.0 (300 feet wide right-of-way) fot the northwest corner of that certain 40.323 acres described in Lis Pendens dated June 6, 2005, styled State of Texas vs. Family Interests, Ltd., recorded in Volume 781., Page 367 OPRCC and the northeast corner of said 5.7270 acres, being at the Intersection of the south right of -way line of said Interstate Highway No. 10 with the west right of way line of State Highway 99 (a/k/a East Grano Parkway South) and being the northernmost northeast corner of the herein described tract. (Said BEGINNING POINT has a State Plane Coordinate Value ofY=13,870,267.98 and X=3,278,546.95.) THENCE, South 02031'30" East, along the northeast line of the herein described tract, the east line of said 5.7270 acres, the northernmost west line of said 40.323 acres and the west right-of-way line of said State Highway 99, 50.17 feet to a point -for -corner at the beginning of a non -tangent curve to the right being an interior corner of the herein described tract, an exterior corner of5ald 40.343 acres, an exterior corner of §aid State Highway 99 and the northernmost corner of said 154.072 acres{ THENCE, along said curve tb the right, along the southernmost east line of the herein described tract, the east line of said 154.072 acres, a west line of said 40,323 acres and the west right-of-way line of said State Highway 99, said curve having a radius of 1110.92 feet, a central angle of 28`44'52" and a chord bearing_ South 61°49'04" East, 551.57 feet, and an arc length of 557.40 feet to a point -for -corner; THENCE, South 27°18'58" East, along the southernmost east line of the herein described tract, the east line of said 154.072 acres, thesouthernmost west line of said 40.323 acres and the west right of -way line of said State Highway 99, 213f.74 feet to a pbiht-for-corner at the beginning of a curve to the right; THENCE, along said curve to the right, along the southernmost east line of the herein described tract, the east line of said 154 072 acres, the east line of said 417490 acres, the southernmost west line of said 404323 acres and the west right-of-way line of said State Highway 99, said curve having a radius of2664.77 feet, a Central angle of 57*W14", a chord bearing South 01°14'09" West, 2547.28 feet, and an arc length of 2C55.84 feet to a point -for -corner ih the south line of said Chambers County School Lend Survey and the north line of the JacobTownsend Survey, Abstract No. 25, Chambers County, Texas, being In the North line Qf a called 92.3102 acres conveyed by Deed to Kilgore Business, LLC recorded In Volume 1663, Page 649 QPRCC and being the southeast corner of the herein described tract, the southeast cornea' of said Page 1 of 3 K:\00280\00280 0001 00 BpundarySurvey--186 Acre Baytown Tract\iSurveying Phase\CCMUD No. 30ocuments\CCIALID No. 3 Tract One M&B.docx Chambers County Chambers County School land League Municipal Utility District No, 3 Aostract No. 321 187.1135 Acres 41.7490 acres and the southwest corner of said 40.323 acres; THENCE, South 87'82' 17" West, along the easternmost south line of the herein described tract, the south line of said Chambers County School Land Survey, the south line of said 41.7490 acres, the south line of said 154.072 acres, the north line of said 92.3202 acres and the north line of said Townsend Survey, 945.19 feet to a point for corner being the southernmost southwest corder of the herein described tract, the southwest corner of said 41,7490 acres, the southernmost southwest corner of said 154.072 acres and the southeast corner of a called 32.10 acres conveyed by beed Speer properties, Inca recorded in Volume 549, Page 766 OPRCC; THENCE, North 02°27'43" West, dlong the southernmost West line of the herein described tract] the southemr06st west line of said 154.072 acres, the west line of said 41.7490 acres and the east line of said 32.10 acres,1478.65 feet to a point for corner, being all interior corner of the herein described tract, the northwest corner of said 41.7490 acres and the northeast corner of said 32.10 acres; THENd, South 87032'17" West, along the westernmost south line 4f the herein described tract, the westernmost south line of said 154.072 acres, the north line of said 32.10 acres and the north line of a called 1.982i acre tract conveyed by Deed to Speer Properties, Inc. recorded in Volume 549, Page 769 OPACC, 1478.70 feet to a paint -for -corner being the westernmost southwest corner of the herein described tract, the westernmost southwest corner of said 154,072 acres and the northwest corner of said 1.9821 acres; THENCE, North 02°27'43'' West, along the westernmost west line of the herein described tract, the westernmost west I ne of said 154.072 acres, and the East line of a called 4.391 acres conveyed by Deed to Speer Properties, Inc. recorded in Volurhe 89, Page 126 OPRCC,1040.46 feet to a point for-cornerbeing the southwest comer of said called 27.497 acres; THENCE, Continue North 02°27'43" West, along the westernmost wegt line of the herein described tract, the westernmost west line of said 154.072 acres, the west line of said �7.497 acres, the eastlline of said 4.391 acres and the east line of a called 1.49 acres convAyid by Deed to United Gas Pipe Line Company recorded in Volume 163, Page 459 DRCC, 1086.56 feet to a point -for -corner being the westernmost northwest corner of the herein described tract, the northwest corner of said 27.497 acres and the sgtlthwest corner 6f a called 20.98 acres conveyed by Betty Stubbs McCune to, Frank B. McCune in Cause No. 312,7 of the Probate Records of Chambers County, Texas; THENCE, North 87"32' 17" East, along the westernmost north line of the herein described tract, the north line of said 27.497 acres and the south line of said 20.98 acres, 1094.44 feet to a point -far -corner being the northeast corner of said 27,497 acres and an exterior corner of said 154.072 acres; THENCE, Continue North 87°32'17" East; along the westernmost north line of the herein described tract, the westernmost north line of sold 154.072 acres and the south line of said 20.98 acres,123.63 feet to a point.-far-corrter belhg an interior corner of the herein described tract, an interior corner of said 1k072 acres and the southeast corner of said 20.98 acres; TMNCE, North 02°31'30" West, along an interior west line of the herein described tract, the northernmost west line of said 154.072 acres and the east line of said 20.98 acres, 764.88 feet to a point -for -corner Page 2 of 3 K:\00280\09280-Ot01 00 Boundary Survey 186Acre Baytown Trace\1 Surveying Phase\GCMUO No. 3\Oocuments\CCM1JD No. 3 Tract One M&B.docx Ch5mb&s CoynW Municipal Utility District No. 3 187,1135 Acres Chambers County School Land League Abstract No. 321 being an interior corner of the herein described tract, the northeast corner of said 20.98 acres and the southeastcorner of said 5.7270 acres; THENCE, South �7081'35" West, a ong an interior line of the herein described tract, the south line of said 5.7270 acres and the north line of said 20.98 acres, 607.18 feet to a paint -for -corner being an exterior corner of the herein described tract, the southwest corner of said 5.7270 acres and the southeast corner of a called 4 964 acres conveyed by Deed to Wowco Properties, LLC recorded in Volume 1677, Page 404 OPRCC; THENCE, North 02°17147" West, along the northernmost west line of the herein described tract, the west line of said 5J270 acres and the east line of said 4.964 acres, 383.93 feet to a point -for -corner being the south right-of-way line of said Interstate Highway No. 10 for the northernmost northwest corper p(`thc herein described tract, the northwest corner of said 5.7270 acres and the northeast corner of said 4.964 acres; THENCE, North 82420' 19" East, along the northernmost north line of the herein described tract, the north line of said 5.7270 acres and the south right-of-way line of said Interstate Highway No.10, 608.09 feet to the POINT OF BEGINNIhIG.. CONTAINING 187.1�35 acres or 8,150,665 square feet of land in Chambers County, Texas as shown on Drawing No.14085 filed in the offices ofJonesl Carter in Bellaire, Texas This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or estab ish interests in real property except those rights and ihterests Implied or established by the creation or reconfiguravon of poll cal subdivision for which it was prepared. Jones l Carter 6330 West Loop 5odth, Suite 150 Bellaire, Texas 77401 (713) 777-5337 Tagus Bourdof ftfosionalLivid8urvying ftistration No. 10046106 17 'a" a,OOQ A V Fky trough Steven Jares Professional Land Surveyor escarter.com Page 3 of 3 K:\oo28o\0o2tao coot oo Boundary Survpr 1.86 Acre Baytown Tract\1 Surveying Phase\CCIVIUO No. 3\Documents\CCMUD (\L . 3 Tract One M&B.docx EXHIBIT "A" POP, —cr��1H{� ICJ E 6pS09 82,V,9' s errlas• W c0>:re' {{ I n.w.�.i ri nf. rin'raz 011 I -- N C771YY E IO4i.1i' N lTJPYY E nr rein 1 SLw.'Yn arcs- Z uew rn�M.'�a aa+x i S ETI?Y7' W 5M42* N V?4'15' W jass• r :.. TRACT TWO 36.1733 ACRES 1,575,708 SQ FT fwfn f... �^ 4. ♦A Nr FlCl9 �+ri:�aw ra cr ,w 5 TRACT ONE 187.1135 ACRES 8,150,665 SQ FP I N 2 � Srri I 1 sa r $a� IN e , N S 87.17YrW V"19' � woo ue ST w.�r��.MM lwrrw�� vap C.dww,x lr 1 t+a va em ws..w.f Mn.e w v4 h wM w aw.sr .e... nfsiinrfM.� �� ~ �N«r� •�m� wyn ri mf orr fvcv a �n r.t[uc .m a x¢vcv BOUNDARY MAP OF CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT No. 3 CONTAININO 223.2NO ACRES OUT OF THE CHAMBERS COUNTY SCHOOL LAND LEAGUE, A-321 CHAMBERS COUNTY, TEXAS FEBRUARY 2020 0 JGNESIC A R TER v✓++. m a. mw.mcr-m OWN. liOA EXHIBIT "A-1" Description of the Annexation Property Chambers County Municipal Utility District No. 3 36.1133 Acres STATE OF TEXAS COUNTY OF CHAMBERS § Chambers County School Land League Abst,a,.t No. 311 A MEN ES & BOUNDS description of a certain 36.1733 acre tract of land situated in the Chambers County Schdol Land League, Abstract No. 321111 Chambers County, Texas, being all of a called 1.9821 acre tract of land conveyed by General Warranty Deed to Speer Properties recorded in Volume 549, rage 769 of the Official Public Records of Chambers County (OPRGC), all of a called 0.9903 acre tract of land conveyed by General Warranty Deed to Speef Properties recorded in Volume 639, Page 488 OPRCC, al of a called 0.5051 acre tract of land conveyed by General Warranty Deeq to Speer Propertiet recorded 16 Volurge 7'76, Page 368 OPR,CC, and all of called 32.10 acre tract of land Conveyed by General Warranty Deed to Speer Properties recorded in Volume 549, Page 766 OPRCC; said 36.1733 acre tract being more partibularly described as follows with all bearings based on the Tetras Coordinate System bf 1983, South Central Zone; BEGINNING at a paint -far -corner being the southwest corner said 32.10 acre tract, being common with the southeast corner of a called 3.577 acre tract of land conveyed by Vendor's Lidn Doed to David F. Eaves recorded in Volume 294, Page 518 OPRCC, and being in the north line of a called 91,3102 acre tract of land conveyed by Special Warranty Deed with Vendor's Lien to Kilgore Business, LLC recorded in Volume 1663, Page 649 OPRCC; THENCE, North 02'26'43" Weft, along the west line of said 32.10 acre tract, being common with the east line of said 3.577 acres, the east line of a called 1,618 acre tract conveyed by Warranty peed with Vendor's Lien to Harold L. Duncan and Diane E. Duncan recorded in Volume 309, Page 833 OPRCC, the east line of a called 1.667 acre tracts conveyed by General Warranty Deed to Larry Joe Renton and Lisa Jones Benton recorded in Volume 311, Page 487 OPRCC, the east line of a called §.57 acre tract conveyed by Deed to P.C. Ceteaux and G.A. Martin recorded in Voluroe 16, Page 44 DRCC, and the east line of a called 3.567 air$ tract c¢nVeyed by Correction Deed to Ricky Fontenot recorded in Volume 1383, Page 22 OPRCC, 1184.A5 feet to a point -for -corner being an interior southwest corner of the herein described tract, being comrnon the southeast co6er of said 0.9903 acre tract, the northeast corner of said 3.567 acre tract, and being In tho west line of said 32.10 acre tract; THENCE, South 87"32'17" West, along the south line of said 0.9903 acre tract, being common with the north line of said 3.567 acre tract, 558.42 feet to a point -for -corner being the southwest corner of said 0.9903 acre tract, and being In the occupied east right of way line of Needle Point Road; THENCE, along thg west line of the herein described tract being common with the occupied east right of way line gf Needle Point Road the following two (2) courses and distances: 1. North 08°14'15" West, 36.86 fleet to a point -for -corner; 2. North 11048'00" West, 261,80 feet to a point -for -Corner, being the northwest corner of said 1.982'1 acre tract, and being In the south line of said remainder of 21.43 acre tract; THENCE, North 87°32'17" East, with the north line of the herein despribed tract being common with the south line of .he remainder of a called 154.072 acre tract conveyed by Special Warranty Deed to Americus Page Y of 2 K.\00280\002M1j 000100 Boundary Survey 186 Acre Baytown Tract\1 Surveying Phase\CCMUD No. 3\Documents\CCMUD No, 3 - Track Two M&a.dgcx Chambers County Chambers County School Land League Municipal Utility District No. 3 Abstract No. 321 36.1733 Acres Holdings, LTD recorded in Document No. 2019-141206 OPRCC, 1554.66 feet to a point -for -corner, being the northeast corner ofsaid 32.10 acre tract, being common with the northwest corner of a called 41.7490 acre tract conveyed fay Special Warranty Deed to Americus Holdings, LTD recorded in Document No. 2019 139029 OPRCC; THENCE, South 02°28'49" East, along the east line of sail 32.10 acre tract, being common with the west line of said 41.7490 acre tract, 1476.92 feet to a point -for -corner (Northing: 13,865,474.60, Easting: 3,279,015.03) being the southeast corner of said 32.10 acre tract, being common with the southwest corner of said 41.7490 acre tract, and being in the north line of said 92.3102 acre tract; THENCE, South 87023'25'! West, Tong the north line of said 92.3102 acre tract, 950.40 feet to the POINT OF BEGINNING, CONTAINING 36,1733 acres, or 1,575,708 square feet of land in Chambers County, Texas, as shown on Drawing No. 14085 in the office of Jones I Carter in Bellaire, Texas. This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and Is not to be used to convey or establish interests in real property except those rights and Interests Implied or established by the creation or recohfiguration of the oolit;cal subdivision for Which it was prepared. JoneslCarter 6330 West Loop South, Suite 150 Bellaire, Texas 77401 (713) 777 5337 T&ws Ooard of ftfesstoua[LandSuiYAyiuB fgistration No.10046100 ►EVEN J. ..............., 9_ 5317 SUR Vough Steven Jares Professional Land Surveyor .com Page 2 of 2 K:\00280\00280-0001-00 BotlndarySUr�ey 186 Acre Baytown Tract\1 S, rveying phase\CCMUO No. 3\Documents\CCMUD No. 3 Tract ' wo M&6.docx �1 )IPA \ _ — N 62TB%D' E 8�09 `- �� tbay.wrO�nAJwlmo+K S B7:TI JS' N 607. /B' wrw 4 M An OR% I1.eL.. M/N atii� rrwL Aar M Al 8=1)' E 1094.44 at EXHIBIT "A-1" _ o..v aww A9PM � 0 20D .00 000 3 p Lwwr r. Aas-r.rla Olfc � N N 8TJ777' E' /21BJ' 4 TRACT ONE 187.1135 ACRES 8,150,665 SQ FT —x i S B7'JTY7' w Sd6��' N 08YIYS' w jam' ,,,,,,,, , -- TRACT 7'WO N """""4"'"" 36.1733 ACRES ,Anw---- 1,575,708 SQ FT 4 •rA a wY ��wr Aa w/. :Ol�o.'S .yy. v O �R4�+rwr'�aui j1rA0 7. �^°M .... <.... .. w,r. cup v� �•� m 3e NJMES_ BOUNDARY MAP OF CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT No. 3 CONTAININO 223.286E ACRES OUT OF THE CHAMBERS COUNTY SCHOOL LAND LEAGUE, A•321 a.+row CHAMBERS COUNTY. TEXAS FEBRUARY 2020 a.rrao °: rem oc m" a oaa. TM�n' m�."ro''w.mc ®JONEISIC A R TER ow N. N m EXHIBIT "B" Strategic Partnership Agreement 10 EXHIBIT"B" STRATEGIC PARTNERSHIP AGREEMENT STATE OF TEXAS § COUNTY OF CHAMBERS § This STRATEGIC PARTNERSHIP AGREEMENT (this "Agreement") is made and entered into, effective as of , by and between the CITY OF BAYTOWN, TEXAS, a municipal corporation and home -rule city of the State of Texas (the "City"), and CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 3, a body politic and corporate and a governmental agency of the State of Texas, created by the 86ffi Texas Legislature and operating under and governed by the provisions of Chapter 8042, Texas Special District Local Laws Code and Chapters 49 and 54, Texas Water Code (the "District"). RECITALS 1. The District was created with the consent of the City for the purpose of providing water, sewer, drainage, detention, and road facilities to the land within its boundaries. The District is located within the extraterritorial jurisdiction ("ETJ") of the City, but is not within its corporate limits. The District contains approximately 187.1135 acres, as more particularly described in Exhibit "A", which is attached hereto and incorporated herein for all intents and purposes (the "District Property"). The District anticipates the annexation of approximately 36.17 acres, as more particularly described in Exhibit "A-1", which is attached hereto and incorporated herein for all intents and purposes (the "Annexation Property," and together with the District Property, the "Property"). The parties acknowledge that the Property will include the Annexation Property if and when such tract of land is annexed into the boundaries of the District. 2. The City has historically annexed land into its corporate limits before development of such land has proceeded. However, the City determined that the District can best proceed pursuant to a development agreement with Americus Holdings, Ltd., a Texas limited partnership (the "Developer") and a strategic partnership agreement with the District. 3. To provide certainty and order with regard to the conduct of the development within the District (the "Development") and the roles of the City, the District and the Developer, the City and the Developer entered into that certain Development Agreement, dated , 2020 (the "Development Agreement") to provide for certain terms in connection with the Development. In addition, the provisions of Texas Local Government Code, §43.0751 (Vernon Supp. 2000) (the "Act") state that the City and the District may enter into a strategic partnership agreement that provides for the terms and conditions under which services will be provided and funded by the City and the District. 4. The District would like to contract with the City to obtain, among other things, water supply services from the City, and the District will, once confirmed, enter into a utility agreement in substantially the form and content as that which is attached hereto and incorporated herein for all intents and purposes as Exhibit "B" with the City (the "Utility Agreement"). 5. The City and the District, after the provision of required notices, held public hearings in compliance with the Act. Based upon public input received at such hearings, the City and the District wish to enter into a strategic partnership agreement to provide the terms and conditions under which services will be provided by the City and the District and under which the District will continue to exist after the land in the District is annexed for limited purposes. NOW, THEREFORE, for and in consideration of the mutual agreements, covenants, and conditions contained herein, and other good and valuable consideration, the City and the District agree as follows: Article 1 DEFINITIONS 1.01 Definitions. The terms "Act," "City," "Developer," "Development," "Development Agreement," "District," "ETJ," and "Property" shall have the meanings provided for them in the Recitals, above. Except as may be otherwise defined, or the context clearly requires otherwise, capitalized terms and phrases used in this Agreement shall have the meanings as follows: Applicable Ordinances shall include those ordinances, as amended, which are currently applicable to all or part of the area within the boundaries of the District, as well as the following chapters, articles and/or sections of the Code of Ordinances, Baytown, Texas, along with all amendments thereto: • Chapter 4 "Adult Commercial Establishments"; • Chapter 18 "Buildings and Building Regulations," Article XII "Fencing" and Article XIV "Landscaping"; • Chapter 42 "Health and Sanitation"; • Chapter 82 "Secondhand Goods," Article III "Junk and Automotive Wrecking and Salvage; • Chapter 112 "Off -Street Parking"; • Chapter 114 "Sewer and Water Line Extensions," Article IV "Impact Fees;" • Chapter 118 "Signs," Article Ill Regulations," Division 4 "Location" of the Code of Ordinances, Baytown, Texas, along with all other provisions regulating off -premise signs and digital billboards; and • Unified Land Development Code (as modified for the Property pursuant to the terms of the Development Agreement). City Council means the City Council of the City or any successor governing body. City Manager means the City Manager of the City or his or her designee. Consent Resolution means the resolution(s), including all attachments and exhibits passed by the City Council consenting to the creation of and inclusion of land into the District. Effective Date and similar references means the date first written above, which shall be the date City Manager executes this Agreement, after having been authorized to do so by the City Council. Party or Parties means a party or the parties to this Agreement, being the City and the District. Sales and Use Tax means the sales and use tax authorized to be imposed within the corporate limits of the City lying within Chambers County, Texas, including, but not limited to, the sales and use tax authorized to be imposed by Chapters 321, 323 and 327 of the Texas Tax Code, Chapters 344, 363, and 377 of the Texas Local Government Code, and those imposed by any other district or entity which may be subsequently created by the City which imposes a sales and use tax within the corporate limits of the City lying within Chambers County, Texas. 1.02 Findings and Conclusions. The City and the District hereby find and declare: a. The Act authorizes the City and the District to enter into this Agreement to define the terms and conditions under which services to the District will be provided and under which the District will continue to exist after the Property is annexed for limited purposes pursuant to this Agreement; b. This Agreement does not require the District to provide revenue to the City solely for the purpose of an agreement with the City to forgo annexation of the District; c. This Agreement provides benefits to the City and the District, including revenue, services, and/or regulations which are reasonable and equitable with regard to the benefits provided to the other Party; d. All the terms and conditions contained in this Agreement are lawful and appropriate to provide for the provision of municipal services and annexation; and e. The City and the District negotiated this Agreement by mutual consent; the terms and conditions of the Agreement are not a result of the City's Annexation Plan or any arbitration between the City and the District. Article 2 LIMITED -PURPOSE ANNEXATION 2.01 Generally. As soon as practicable following the approval of this Agreement by City Council, as authorized by the Act, the City shall annex the Property for the limited purposes of applying the Applicable Ordinances within the Property. The District hereby consents to such annexation for limited purposes regardless of whether the Property is contiguous or non- contiguous to the corporate boundaries of the City. The Applicable Ordinances will be applicable to and enforceable in the Property upon the date of limited -purpose annexation. 2.02 Property Taxes and District Liability for Debts of the City. During the term of this Agreement, except if annexed for full purposes pursuant to this Agreement, ad valorem taxes levied by the City will not be levied on taxable property within the District. 2.03 Municipal Court's Jurisdiction. Upon the limited purpose annexation of the Property, the City's municipal court shall have jurisdiction to adjudicate cases filed under the Applicable Ordinances arising from actions occurring within the Property. 2.04 Powers and Functions Retained by the District. Except as limited by the Consent Resolution, the District is authorized to exercise all powers and functions of a municipal utility district provided by existing law or any amendments or additions thereto. The District's assets, liabilities, indebtedness, and obligations will remain the responsibility of the District during the period preceding any full -purpose annexation. Disposition or acquisition of additional assets, liabilities, indebtedness and obligations will be governed by the Consent Resolution. Article 3 MUNICIPAL SERVICES WITHIN THE DISTRICT 3.01 Enforcement of Applicable Ordinances. The City shall apply and enforce the City's Applicable Ordinances within the Property. 3.02 No Further Services. The Parties expressly understand and agree that during the term of this Agreement, the City will only provide those services necessary to apply and enforce the City's Applicable Ordinances within the District in accordance with Section 3.01. The City shall have no obligation to provide or extend any City municipal services not expressly agreed to herein or otherwise agreed in writing in another agreement. Article 4 SALES AND USE TAX AGREEMENT 4.01 Imposition of the Sales and Use Tax. The City and all special districts or entities created or hereinafter created by the City having within its boundaries the corporate limits of the City lying within Chambers County shall impose a Sales and Use Tax within the Property upon the limited -purpose annexation of the Property and upon the imposition of any Sales and Use Tax hereinafter adopted. The Sales and Use Tax shall be imposed on the receipts from the sale and use at retail of taxable items at the same rate as such tax is imposed on the receipts from the sale and use at retail of taxable items within the corporate limits of the City lying within Chambers County. The Sales and Use Tax shall take effect on the date described in Texas Tax Code §321.102 or such other applicable law. 4.02 Notification of Comptroller. The City shall send notice of this Agreement and the limited -purpose annexation of the District to the Texas Comptroller of Public Accounts within fifteen (15) days of the Effective Date in the manner provided by Texas Tax Code §321.102. The City shall send to the District a copy of any notice from the Texas Comptroller of Public Accounts delaying the effectiveness of the Sales and Use Tax in the Property. 4.03 City Audit Rights. The District is required by Subchapter G, Chapter 49, Texas Water Code, to prepare an annual audit within one hundred twenty (120) days after the close of the District's fiscal year. The District shall provide a copy of its annual audit to the City within thirty (30) days after such audit is completed. Article 5 FULL -PURPOSE ANNEXATION 5.01 No Full Purpose Annexation During Term of Agreement. The City agrees that it will not annex all or part of the District or commence any action to annex all or part of the District for full purposes during the term of this Agreement, except by mutual agreement of the Parties or in accordance with Section 5.02. 5.02 Full Purpose Annexation at Termination of Agreement. Upon termination of this Agreement for cause or on or before the third month prior to the expiration of the term or any extended term hereof, the City Manager shall evaluate and make a recommendation to the City Council regarding whether the City should: a. negotiate a new strategic partnership agreement with the District; b. annex the land within the District for full purposes upon the termination of this Agreement and dissolve the District; C. annex any commercial property within the District for full purposes upon the termination of this Agreement and allow the District to remain in place as an in - city municipal utility district in accordance with Section 43.0751, Texas Local Government Code; d. annex the land within the District for full purposes upon the termination of this Agreement and allow the District to remain in place as an in -city municipal utility district for the sole purpose of owning and maintaining the District's Detention Facilities (as hereinafter defined), in accordance with Section 43.0751, Texas Local Government Code; or e. allow this Agreement to expire. If the City Council desires to annex all of the land in the District or only the commercial property within the District for full purposes, the District agrees that such annexation will be considered a voluntary annexation, wherein the District and all of the landowners therein at the time of the annexation shall be deemed to have requested the City to annex their properties. Additionally, any land previously annexed for limited purposes shall automatically be converted and deemed to be annexed for full purposes on the date that the City Council decides to include such property in its incorporated limits. For property not previously annexed by the City for limited purposes, the City shall begin proceedings for such property as applicable. If the City Council does not desire to negotiate a new strategic partnership agreement with the District or annex for full purposes any portion of the District that was previously annexed for limited purposes, the City may begin proceedings to disannex the Property for limited purposes if necessary under the applicable provision of the Texas Local Government Code. If the City decides to annex or disannex the Property, the City may institute any required proceedings to accomplish such annexation or disannexation to be effective upon the termination of this Agreement. Article 6 SERVICES PROVIDED BY THE DISTRICT 6.01 Water and Wastewater Facilities. The District will develop, own, operate and maintain water and wastewater systems in the District and the Property. The City shall provide water capacities for the Development pursuant to the terms of the Utility Agreement. The City may periodically inspect the District's water, wastewater and drainage facilities. 6.02 Stormwater Facilities. The District will develop, own, operate and maintain a drainage system in the District and the Property. The drainage facilities that will be constructed to serve the District will include wet and/or dry detention basins, open channels, pump stations, outfall structures, and other control structures or appurtenances related thereto (the "District's Detention Facilities"). The District will own and maintain the District's Detention Facilities until the dissolution of the District. If the City annexes the District, the City, in its sole discretion, may allow the District to remain as an in -city municipal utility district for the sole purpose of owning and maintaining the District's Detention Facilities or may require that the District's Detention Facilities be conveyed to a homeowners' association or other association that exists in perpetuity prior to annexation by the City for ownership and maintenance of the District's Detention Facilities. The City will have no responsibilities with respect thereto. Article 7 DEFAULT, NOTICE AND REMEDIES 7.01 Notice of District's Default. a. The City shall notify the District in writing of an alleged failure by the District to comply with a provision of this Agreement, describing the alleged failure with reasonable particularity. The District shall, within thirty (30) days after receipt of the notice or a longer period of time as the City may specify in the notice, either cure the alleged failure or, in a written response to the City, either present facts and arguments in refutation or excuse of the alleged failure or state that the alleged failure will be cured and set forth the method and time schedule for accomplishing the cure. b. The City shall determine (i) whether a failure to comply with a provision has occurred; (ii) whether the failure is excusable; and (iii) whether the failure has been cured or will be cured by the District. The District shall make available to the City, if requested, any records, documents or other information necessary to make the determination. C. If the City determines that the failure has not occurred, or that the failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the City, or that the failure is excusable, the determination shall conclude the investigation. d. If the City determines that a failure to comply with a provision has occurred and that the failure is not excusable and has not been or will not be cured by the District in a manner and in accordance with a schedule reasonably satisfactory to the City, then the City may exercise the applicable remedy under Section 7.03. 7.02 Notice of City's Default. a. The District shall notify the City Manager in writing specifying any alleged failure by the City to comply with a provision of this Agreement, describing the alleged failure with reasonable particularity. The City shall, within thirty (30) days after receipt of the notice or the longer period of time as the District may specify in the notice, either cure the alleged failure or, in a written response to the District, either present facts and arguments in refutation or excuse of the alleged failure or state that the alleged failure will be cured and set forth the method and time schedule for accomplishing the cure. b. The District shall determine (i) whether a failure to comply with a provision has occurred; (ii) whether the failure is excusable; and (iii) whether the failure has been cured or will be cured by the City. The City shall make available to the District, if requested, any records, documents or other information necessary to make the determination. If the District determines that the failure has not occurred, or that the failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the District, or that the failure is excusable, the determination shall conclude the investigation. d. If the District determines that a failure to comply with a provision has occurred and that the failure is not excusable and has not been or will not be cured by the City in a manner and in accordance with a schedule reasonably satisfactory to the District, then the District may exercise the applicable remedy under Section 7.03. 7.03 Remedies. In the event it is determined that a default has occurred under Section 7.01(d) or Section 7.02(d), the remedies of the non -defaulting Party shall be limited to either or both of the following: a. If the City determines that the District has committed a breach of this Agreement, 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(s) violated. Termination of service pursuant to this article shall not limit the City's remedies at law or in equity, including termination of this Agreement or the Development Agreement and annexation of the Property for full purposes. b. Injunctive relief specifying the actions to be taken by the defaulting Party to cure the default or otherwise comply with its obligations hereunder. Injunctive relief shall be directed solely to the default and shall not address or include any activity or actions not directly related to the default If the District determines that the City has committed a breach of this Agreement, the District may file suit in a court of competent jurisdiction in Chambers County, Texas, and seek any relief available at law or in equity, including, but not limited to, an action under the Uniform Declaratory Judgment Act in addition to the monetary awards as may be appropriate. Article 8. MISCELLANEOUS 8.01 Beneficiaries. This Agreement shall bind and inure to the benefit of the Parties, their successors and assigns, as well as the special districts created by the City and imposing a Sales and Use Tax within that portion of the City lying within Harris County. The District shall record this Agreement with the County Clerk in the Official Records of Chambers County, and shall bind and benefit each owner and each future owner of land included within the District's boundaries in accordance with Texas Local Gov't Code, §43.0751(c). 8.02 Term. This Agreement shall commence and bind the Parties on the Effective Date and shall remain in effect for an initial term of thirty (30) years unless earlier terminated. This Agreement shall be automatically extended for additional five (5) year terms unless either party gives written notice of termination three (3) months prior to the date of any such automatic extension. However, both parties expressly understand and agree that should any portion of the property involved in this Agreement become annexed by the City for full purposes, this Agreement may terminate with respect to such area at the sole option of the City. 8.03 Restrictions on Tax Rate. The District shall maintain a minimum tax rate (debt service tax plus operation and maintenance tax) such that the District's tax is greater than the City's tax rate (currently $0.80203 per $100 of valuation). Should the value within the District increase such that the combined tax rate could be lowered, the District will accelerate the bond redemption rate. The City and the District agree that the tax burden on the property owners within the District will decrease upon the City's dissolution of the District. The Parties agree that should the City Council elect for the District to continue after full -purpose annexation, the District's operation and maintenance tax may continue to be assessed for the operation and maintenance of the District's Detention Facilities; provided that the tax burden on the residents within the District will decrease upon annexation. 8.04 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 Agreement, 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, lightening, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes , arrests and restraints of governments and people, explosions, breakage or damage to machines or pipelines and any other inabilities of either party, whether similar to those enumerated or otherwise and not within the control of the parties claiming such inability, which by the exercise of due diligence and care such party could not have avoided. It is understood and agreed that the settlement of strikes or lockouts shall be entirely within the discretion of the party having the difficulties, and the above -referenced requirement that any force majeure be remedied with all reasonable dispatch shall not require the settlement of strikes or lockouts by acceding to demands of the opposing party when such course is inadvisable in the discretion of the party having the difficulty. 8.05 Notice. Any notices or other communications (a "Notice") required to be given by one Party to another by this Agreement shall be given in writing addressed to the Party to be notified at the address set forth below for such Party, (i) by delivering the same in person, (ii) by depositing the same in the United States Mail, certified or registered, return receipt requested, postage prepaid, addressed to the Party to be notified, (iii) by depositing the same with Federal Express or another nationally recognized courier service guaranteeing "next day delivery," addressed to the Party to be notified, or (iv) by sending the same by telefax with confirming copy sent by mail. Notice shall be deemed effective when received by the Party to be notified. For the purposes of notice, the addresses of the Parties, until changed as provided below, shall be as follows: City: City of Baytown 2401 Market Street Baytown, Texas 77520 Attn: City Manager District: Chambers County Municipal Utility District No. 3 c"o Schwartz, Page & Harding, L.L.P. 1300 Post Oak Blvd., Suite 1400 Houston, Texas 77056 Attn: Bryan T. Yeates The Parties shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States of America by giving at least five days written notice to the other Parties. If any date or any period provided in this Agreement ends on a Saturday, Sunday, or legal holiday, the applicable period for calculating the notice shall be extended to the first business day following such Saturday, Sunday or legal holiday. 8.06 Time. Time is of the essence in all things pertaining to the performance of this Agreement. 8.07 Severability. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable then, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 8.08 Waiver. Any failure by a Party hereto to insist upon strict performance by the other Party of any material provision of this Agreement shall not be deemed a waiver thereof or of any other provision hereof, and such Party shall have the right at any time thereafter to insist upon strict performance of any and all of the provisions of this Agreement. 8.09 Applicable Law and Venue. The construction and validity of this Agreement shall be governed by the laws of the State of Texas without regard to conflicts of law principles. Venue shall be in Harris County, Texas. 8.10 Reservation of Rights. To the extent not inconsistent with this Agreement, each Party reserves all rights, privileges, and immunities under applicable laws. 8.11 Further Documents. The Parties agree that at any time after execution of this Agreement, they will, upon request of another Party, execute and deliver such further documents and do such further acts and things as the other Party may reasonably request in order to carry out the terms of this Agreement. 8.12 Incorporation of Exhibits and Other Documents by Reference. All Exhibits and other documents attached to or referred to in this Agreement are incorporated herein by reference for the purposes set forth in this Agreement. 8.13 Effect of State and Federal Laws. Notwithstanding any other provision of this Agreement, the District shall comply with all applicable laws, rules, and regulations of the United States and the State of Texas, Chambers County and the City as such laws, rules and regulations now exist or as may be hereinafter amended. 8.14 Entire Agreement. This Agreement, including the exhibits hereto, contains all the agreements between the parties hereto with respect to the strategic partnership and may not be modified orally or in any other manner other than by an agreement in writing, signed by all the parties hereto or their respective successors in interest. 8.15 Headings. The headings as to contents or particular articles or sections herein are inserted only for convenience, and they are in no way to be construed as a part of this Agreement or as a limitation on the scope of the particular sections to which they refer. 8.16 Ambijzuities. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 8.17 Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 8.18 Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts each of which shall be deemed an original for all purposes. 8.19 Authority for Execution. The City hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with the City Charter and City ordinances. The District hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted by the Board of Directors of the District. [Remainder of page intentionally left blank.] IN WITNESS WHEREOF, the undersigned Parties have executed this Agreement effective as of the date first written above. CITY OF BAYTOWN, TEXAS By: ATTEST (SEAL) THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on this day of , by , the of City of Baytown, Texas, on behalf of said city. Notary Public in and for the State of T E X A S (SEAL) CHAMBERS COUNTY MUNICIPAL DISTRICT NO.3 M. THE STATE OF TEXAS President, Board of Directors COUNTY OF HARRIS § This instrument was acknowledged before me on this day of by , President of the Board of Directors of Chambers County Municipal Utility District No. 3, on behalf of said District. Notary Public in and for the State of T E X A S (SEAL) EXHIBIT "A" Description of the District Property Chambers County Municipal Utility District No 3 187.1135 Acres STATE OF TEXAS COUNTY OF CHAMBERS § Chambers County School Land League Abstract No 321 A METES AND BOUNDS of certain 1$7.1.135 acre tract gf land situated in the Chambers County School Land League, Abstract No. 321 in Chambers County, Texas, being all of a cal)ed 5.7270 acres conveyed by Deed Montgomery Jett A'ftoel Trust recorded In Document No. 2018-1.37473 of the Official Public Records of Chambers County (OPRGC), the remainder of a called 154.072 acres (Tract-3) conorrS veyed by Cction rranty Deed Park Block, Ltd. and recorded in Volu ne 11@1, At Page 209 OPRCC all of a called 41,74S�0 acres conveyed byCorrectiDn Deed to The Noor Foundation and fororded in Docuhii nt No.209&131695 OPRCC, and all of a called 29.407 acres coQvejie0 Oy Deeo, to Harry W. Freeman, Trustee 'recorded in Volurng 17_3%, Page 303 of the Deed Record$ of Chambers County (ORCC) (now carried In the narne of Family Interests, Ltd on tal roll); said 187.1135 acre tract being more particularly#d Cribed as fsllows with air bearings being based on the Teas Coordinate System of 1983, South Central Zone; f EGINNING at a point for' -corner bgin� in the south right-of-way 11he of Interstate Highway' No. 10 (300 feet wide right-of-way) for the northwest corner of that certain 46.323 acres described in Lis Pendens dated June 6, 2005, styled State of Texas vs. Family Intdrests, Ltd,, recorded In Volume 781, Page 367 OPRCC and the northeast corner of said 5.7270 acres, being.06he intersection of the south right of way line of said Interstate Highway No. 10 with the west right Of way line of State Highway 99 (A/I(/a East Gram Pai��way South) and being the northemhmost northeast corner of the herein described tract. (SaA BEGINNING P61NT has a State Plane Coordinate Value of Y=13,870,267.98 and X=3,278,546.95.) THENCE, South 02'31'30" East, along the northeast line of the herein described tract, the east line of said 5.7270 acres, the northernmost west line of said 40.323 acres and the west right-of-way line of said state Highway 99, 50.17 feet to a point -for -corner at the beginning of a non -tangent curve to the right being an interior corner of the herein described tract, an exterior corner of said 40.313 ar`res, an exterior corner of said State Highway 99 and the northernmost (6rner of said 254.072 acres; TNFNC.E, along said cove to the right; along the southernmost east line of the herein described tract, the east lime of said 1S4.072 acres, a Y^ e$t I ne of said 40,323 acres and the west right-of-way line of said State Highway 99, said curve having a radius of 1110.92 feet, 6 eevtral angle of 28°44'52" and a chord bearing South 61'49'04' East, 551.57 feet, and an arc length of 557.40 feet to a point -for -corner, THENCE, South 27°18'58" East, along the southernmost east line of the herein described tract, the east line of said 154.072 acres, the southernmost west line of said 40.323 acres and the west right-of-way line of said State Highway 99, 2133.74 feet to a point -Tor corner at the beginning of a curve t' the right; THENCE, along said curve to the right, along the southernmost east line of the herein described tract, the east line of said 154 072 acres, the east line of said 417490 acres, the southernmost west line of said 40 323 acres and the West right of -way line of said State Highway 99, said curve having a radius of 2664.77 feet, a central angle of 57°06'34u, a chord bearing South 01°14'09" West, 2547.28 feet, and an arc length of 2655.84 feet to a point -for -corner 16 the south line of said Chambers County School Land Survey and the north line of the Jacob Townsend Survey, Abstract No. 25, Chambers County, Texas, being In the North line of a called 92.3102 acres conveyed by Deed to Kilgore Business, LLC recorded In Volume 1663, Page 649 OPRCC and being the southeast corner of the herein described tract, the southeast corner of said Page 1 of 3 K \00280\00280 000100 Boundary Survey —186 Acne Baytown Tract\1 Surveying Phase\CCMUD No. 3\Documents\CCMUD No. 3 Tract One. M&6 docx Chambers County Chambers County School land League Munidipal Utility District No. 3 Abstract No. 321 187.1135 Acres 41.7490 acres and the southwest corner of said 40.323 acres, THENCE, South 87°32' 17" West, along the easferhmost south line of the herein described tract, the south line of said Chambers County School Land Survey, the south line of said 41.7490 acres, the south (jne of said 154.072.Acres, the firth Irno. of said 92.3102 acres and the north line bf said Townsend Survey, 945 19 feet to a point -for -corner being the southernmost southwest corner of the herein described tract, the southwest corner of sbid 11.7490 acres, the southernmost southwest corner of said 154.072 acres and the southeast corner of a called 32.10 acres conveyed by bded Speer properties, Inc, recorded n Volume 549, Page 766 OPRCC; THENCE, North 02°27'4$" West, along the, southernmost West line of the herein described tract, the sbtithptn6iost west line of said 154.072 acres, the west (ne of said 41.7490 acres and the east line of sa'd a210 acres,1478.65 feet to a p6irit-for corner, bgirrg all Interlot Co,ner of the herein described Tract, the noghWest corner of said 41.7490 acres and the northeast corner of said 32.10 acres; TF&Ntt., South 87'32'17" West, along the westernmost south line 4f the herein described tract, the westernmost south line of said 154.072 acres, tho north line ofsaid KAO ages and the north line of a ca led 1.9821 acre tract conveyed by Deed to Speer Properties, Inc. recorded in Volume 549, Page 769 OPOCC, 1478.70 feet to a point -for -corner being the westernmost southwest corner of the herein described tract, the westernmost southwest turner of said 154,072 acres and the northwest corner of said 1.9821 acres; THENCE, North 02 27'43" West, along the westernmost west line of the here'n described tract, the westernmost west I tie of said 154.072 acres, and the East line of a called 4.391 acres conveyed by Deed to Speer Properties, Inc. rgcordgd in Volume 89, Page 126 OPRCC,1040 46 feet to a point-for-cornerbeing the southwest corner of said called 27.491 acres; THENCE, Continue North 02°27'43" W, st, along the westernmost west line of the herein described tract, they westernmost westKline of said 154.072 acres, the west line of s-lid �7,497 aces, the east line of Bald 4.391 acres and the east line of a called 1.49 acres cohVeyed by Deed to United Gas Pipe Line Company recorded in Volume 163, pale 459 DRCC, 1086.56 feet to a point -for corner being the westernmost northwest corner of the herein described tract, the northwest corner of said 27.497 acres and the sotithWest corner 6f a celled 20.98 acres conveyed by Betty Stubbs McCune to Prank B. McCune in Cause No 31Z7 of the Probate Records of Chambers County, Texas; THENCE, North 87"32' 17" East, along the westernmost north line of the herein desctibed tract, the north line of said 27.497 acres and the south line of said 20.98 ages, 1094.44 feet to a point for -corner lgeing the northeast corner of said 27.497 acres and an exterior corner of said 154.072 acres; THENCP, Continue North 87632'17" East, along the westernmost north line of the herein described tract, the westernmost north line of said 154.072 acres and the south line of said 20.98 acres, 123.63 feet to a point -for -corner being an interior corner of the herein described tract, an interior corner of said 154,072 acres and the southeast corner of said 20.98 acres; THENCE, North 02`31'30" West, along an interior west line of the herein described tract, the northernmost west line of said 154.072 acres and the east line of said 20.98 acres, 764.88 feet to a point for -corner Page 2 of 3 K \00280\00280-0001 00 Boundary survey 186 Acre Baytown Tract'\1 Surveying Phase\CCMUQ No. 3\D0coMents\CCMUD N,_ 3 Tract One M&B docx Chgfhbeers Ounty Municipal Utillty District No. 3 187.1135 Acres Chambers County School Land League Abstract No. 321 being an interior corner of the herein described tract, the portheast corE,er of said 20.98 acres and the Southeast corner of said 5.7270 acres; THENCF, 5auth $7031'3S" West, a ong an interior line of the hergln described tract, the south line of said 5.7270 acres and the north line of said 20.98 acres, 607.18 feetio a point for -corner eing an exterior corner of the fie,ein described tract, the southwest corner ofsdld 5.7270 acres and the southeast corner of a called 4 964 acres conveyed by peed to Wowco Properties, LLC rec_orded`in Volume 1677, Pag&404 OPRCC; THENCE, North 02017147" West, plong the northernmost West Iine of the hereirf described tract, the west Tine of s id i2 Q acres Arid theme east line of said 4,.964 acres, 383.93 feet to a point -for -corner being the out right o way line of said Interstate Highway No. 10 for the northernmost northwest corper'�f the he eip d�scri ed tract, the -northwest corner of said 5.7270 acres and the northeast corner of said 4.964 acres; THENCE, North 8220' 19" East, along the northernmost north line of the herein described tract, the north line of said 5.7270 acres arid the,south right-of-way line of aid Irttetstote Highway No.10, 608.09 feet to the POINT OF BEGINI mis,. C©NTAINING 187.�13� acres or 8150,665 square feet of Ipnd in Chambers County, Texas as shown on Drawing No.14095 filed in the offices of Jonel l Carter in Bellaire, Texas This document was'zprepared under 22 TAC 663,21, does not reflect the results of an on the ground survey, and is not to be used to convey or estab ish interests in real property except those rights and ihterests Implied or established by the creation or reconfiguration of poll cal subdivision for which it was prepared. Jones ICarter 6330 Wesf Loop South, Sufte 150 Bellaire, Texas 77401 (713) 777-5337 2e<gs opatd of Vofessionat l.a adStrrueying ftistfation No. 10046106 0 5317, 0 ,p?o� 1 'hrough Steven Jares Professional Land Surveyor corn Page 3 of 3 K1\00280\00280 0001-00 Boundary SoNey 186 Acre Baytmyn Tract\15urveying Phase\CCMUO No 3\Documents\CCMUD Nt 3 Tract One M&S.docx EXHIBIT "A" tames 6LK09• �S Oz5J;fp• E tj 81209' r�..e wrr d o'me., r�w..o � trryFu l Vs1 un _ � �,.ti Ne.., 1•)l. w M• VRY x s ern:zr W a •� ro � aa.v •W � KJiM SGtr.+ XV o xao •ao .Nai M. aKc p •Y« •••�' �••[wia�a ex it � VR` tl G N 87;lIYY E x09444' N BT'• E fz.10'xeJ' V, 5�g3 E wr,� w,we ,oas •vi 4: TRACT ONE 187.1135 ACRES %150,665 SQ FP �ID i N I i[eru7r w sss 4z' N 0071Y3• W Jam' T TWO0- '" 3 ACRES q s709 SQ F[ LC t aSBrJ2Y1:71 • W 93OIO' .:."., ,..,., � ..,.., ..' �•t.i. ; :�� :.": r~�, ,. o�,., .. �..d.. ,. .,..�.. ems, =744; M.-,• n, ate.. s, -v ,rw ,.a.., .+nb. sn, ., w..,, �• .,.., wii�:w:.�: w' � i• ... a. �w< r Ana s..� c�>" :.. 7.::� w°ii w �. ten. 7� m na su • � M ,r Y.9G F. •J BOUNDARY MAP OF CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT No. 3 CONTAINING 2232969 ACRES OUT OF THE CHAMBERS COUNTY SCHOOL LAND LEAGUE, A•321 os� CHAMBERS COUNTY TEXAS FEBRUARY 2020 ICA R TER ••••,•� .rw r mno a,c-n OW Nn 14049 EXHIBIT "A-1" Description of the Annexation Property Cambers County Municipal Utility District No, 3 36.1733 Acres STATt OF TEXAS COLINTY OF CHAMBERS § Chambers County School Land League Abstract Nd. A21 A METES & BOUNDS description of a certain 36.1733 acre tract of land situated In -ihe Chambers Coun-y School Land League, Abstract No. 321 in Chambers County, Texas, laeing all of a 4�allod 1.9821 acre tract of land co4eyed by General Warranty Deed to Speer Properties recorded in Volume 549, gage 769 of the Official Public Records of Chambers County (OPRCC), QIl q a coiled 0.9903 acre tract of land conveyed by Geng'�al W6tranty Deeo to Speer Properties recorded i�Volunle 639, Page 488 OMCC, al of a called 0.5951 acre track of land conveyed by General Warranty deeq tb Speer Propertied recorded M Volu e 7Y6, Page 381 OPReQ altd all of called32.10 acre trBcC of land conveyed by General Warranty Deed to Speer Properties recorded in Volume 549, Page 766 OPRCC; said 36.1733 acre tract being more particularly described 8 dlloWs with all bearing$ based on the Texas Coordinate System bf 1983t South Central2one; BEGINNING at a point-fof-coYner being the southwest corn-pr sald 32.10 acre tract, being common with the southeast corner of a called 3.577 6cre tracf of land conveyed by Vendor's Lfen, Deed to David F. Eaves recorded in Volume 294, Page 518 OPRCC, and being in the north line of a called 92.3102 acre tract of laetd conveyed by Special Warranty Deed with Vendor's Lien to Kilgore Business, LLC recorded in Volume 1663, Page 649 OPRCC; THENCE, North 02°26'43" West, along the west line of said 32.10 acre tract, being common with the east line of said 3.577 acres, the east line of a called 1.618 acre tract conveyed by Warranty Deed with Vendor's Lien to Harold L Duncan and Diane E. Duncan recorded in Volume 309, Page 8�3 OPRCC, the east line Of a called 1.667 acre tray L conveyed by General Warrpty Deed to Larry Joe Benton and, Lisa Jones Benton recorded in Volume 311, Page 487 OPRCC, the east line of a called 3.57 acre tract conveyed by Deed to P.C. Cezeaux and G.A. Martin recorded In Volume 16, Page 44 DRCC, and the east line of a called 3.567 afire tridt conveyed by Correction Dped to Hicky F6ntenot recorded in Volume 1383, Page 22 OPRCC, 1184.15 feet to a point for-cgrnqr being an interior so utF)wtst corner of the herein described tract, being common the southeast corner of said 0.9903 acre tract, the northeast corner of said 3.567 acre tract, and being in th6 west line of said 32.10 acre tract; THENCE, South 87°32'17" West, along the south line of said 0.9903 acre tract, being common with the north line of said 3.567 acre tract, 558.42 feet to a point -for -corner fjeing the southwest corner of said 0.9903 acre tract, and being in the occupied east right of way line of Needle Pojnt Road; THENCE, along the west line of the herein described tract being common with the occupied east fight of way line of Needle Point Road the following two (2) courses and distances: 1. North 08°14'15' West, 36.86 fleet to a point -for -corner; 2. North 11048'00" West, 261.80 feet to a point -for -corner, being the northwest corner of said 1.9821 acre tract, and being in the south line of said remainder of 21.43 acre tract; THENCE, North 87032117" East, with the north line of the herein described tract being common with the south line of the remainder of a called154.072 acre tract conveyed by Special Warranty Deed to Americus Page 1 of 2 r \00280\00280-0001 00 Bs)updary5tuvuy 186 Ar--re Baytown rract\i $-. rvey+n8 Phase\CCMUD No. 3\Docu ments\CCM UD No. 3 - Tract Two M&BAOo K Chambers County Municipal Utility District No, 3 36.1733 Acres Chambers County School Land League Abstract No. 321 Holdings, LTD recorded in Document No. 2019 141206 OPRCC, 1554.66 feet to a point for -corner, being the northeast corner of said 32.10 acre tract, being coml�non with the northwest cornea' of a called 41.74,90 acre tract conveyed by Special Warranty Deed to Americus Holdings, LTD recorded iri Document No. 2019 139029 0PRCC; THENCE, South 02°28'49" East, along the east fine 9f said 32.10 acre tract, being common with the west line of said 41.7490 acre t�act,,,1476.92 feet to a point -for -corner (Northing. 13,865,474.60, Eatti6g, 3,279,015.03) being the southeast corner of said 32.10 acre tract, being C h)T.on with the southwest corner of said 41.7490 acre tract, and being inIthq north nine of said 92.3102 acre tract; TH96CE, South 8702312.�L We$l, along i Ie north line of said 92.3102 acre tract, 950.40 feet to the POINT OF BEGINNING, CONTAINING 36.1733 acres, or 1,575,708 square feet of land in Chambers County, `Texas, Bellaire, as shown on Drawing No.14085 in the office ofJones ICarter' in , Texas. Tf is dotument was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in rgal property except those rights pnd interests Implied or established by the creation or recohfiguration of the,.p,.A'cal subdivision for which it was prepared. Jones I Carter 6330 West Loop South, Suite 150 Bellaire, Texas 77401 (713) 777 5337 2"aws;Doard of rl'%j�ssroualGarrd SYtrvt ucB Xrgistration Aro. 10046100 ...................... 9 5317 °ass s %°? Vough Steven tares Professional band Surveyor escart9r.com Page 2 of 2 'L.\00280\00280-0001 00 Boa Mary Stirvey 186 A re Baytown Tract\1 S. mlying phase\CCMUD No 3\Documents\CCMUi) No, 3 Tract wo M&B.docx A EXHIBIT "A-1" _-- - 601Y �x a' � or-[.��p.rw u...,,..e.,6 N BTJIYY E 1094 N' N BTJ1Y7E 1I16J" �IMP[ap�0 TRACT ONE 187.1135 ACRES 8,150,665 SQ FT � 8 -"-``r;'.$[d.._ s aruar w. ssB«• N 0074,15, B' - ism' TRACT TWO r; I__ 36.1733 ACRES N 1,575,708 SQ FT L ,wrwMb� �Irw O __— ¢ f -' S oi::a .arena fir^� �'�u�a�f�i sprMa- rpi M.�. cw:�,r tra wa wa�„; �uT. �y ya�j �"s cr. Yytc .a ry pkpr, r� a �CY,2a 27 f � [ki�ilt,�t'IIi�4'iSf[SiiSiTI�;SL� D.f�l� n.n r.e vnu ,�'•s BOUNDARY MAP OF CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT No. 3 CONTAIN NO 2232868 ACRES OUT OF THE CHAMBERS COUNTY SCHOOL LAND LEAGUE, A 321 CHAMBERS COUNTY, TEXAS FEBRUARY 2020 ®JONEBI C A R TER 0NO Nn 14M EXHIBIT "B" Utility Agreement WATER SUPPLY AGREEMENT BETWEEN THE CITY OF BAYTOWN, TEXAS AND CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 This Water Supply Agreement (this "Agreement") 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 located in Harris County, Texas and Chambers County, Texas (the "City"), and Chambers County Municipal Utility District No. 3, a body politic and corporate and a governmental agency of the State of Texas, created by the 861h Texas Legislature and operating under and governed by the provisions of Chapter 8042, Texas Special District Local Laws Code and Chapters 49 and 54, Texas Water Code (the "District"). 1. The City is a municipal corporation and home -rule city located in Harris County, Texas and Chambers County, Texas. The City owns, operates and maintains a water supply and distribution system supplying water to residents of the City. 2. The District is a municipal utility district, created by the 86�h Texas Legislature and operating under and governed by Article XVI, Section 59, Chapter 8042, Texas Special District Local Laws Code, and Chapters 49 and 54, Texas Water Code. 3. The District will own or lease a water distribution system serving the Service Area (hereinafter defined) and desires to purchase treated water for the Service Area. 4. The District is empowered to supply water for municipal uses, domestic uses, power and commercial purposes and all other beneficial uses or controls. 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, facilities and plants, necessary and incidental to the supply of water. 6. All or part of the Service Area lies within the extraterritorial jurisdiction of the City as established by Chapter 42 of the Texas Local Government Code as amended. The parties acknowledge the possibility that the City may annex the Service Area during the term of this Agreement. In addition, the parties desire to avoid overlapping responsibilities for utility service. 7. The parties have determined that they are authorized to enter into this Agreement by the Constitution and the laws of the State of Texas, including without limitation Texas Local Government Code Section 552.001 and Texas Water Code Section 49.213, as same may be from time to time amended. NOW THEREFORE, for and in consideration of the premises and the mutual covenants and agreements herein contained the parties hereto do mutually agree as follows: AGREEMENT ARTICLE I DEFINITIONS AND EXHIBITS 1.01 Definitions. The terms and expressions used in this Agreement, unless the context clearly shows otherwise, and in addition to other defined terms herein, have the following meanings: "City's System" shall mean the systems for the supply and distribution of water and any extensions thereof and additions thereto, currently serving or that may be constructed to serve the City. "Director" shall mean the Director of Public Works/Engineering of the City of Baytown, or his designee. "District's System" shall mean the systems for the distribution of water and any extensions thereof and additions thereto, to be constructed to serve the District, including those lines and facilities necessary for the transportation and distribution of water from the point of interconnection with the City's System throughout the District's System. "Effective Date" shall the effective date of the Strategic Partnership Agreement between the City and the District. "Impact Fee" means a charge or assessment imposed by the City against new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to the new development in accordance with Chapter 395 of the Texas Local Government Code. "Interconnections" shall mean those improvements necessary for the connection of the City's System and the District's System as set forth herein. "Point of Delivery" shall mean the point of connection from the City's System to the District's System, which will be at a mutually agreed upon location. "Service Area" shall mean the area within the boundaries of the District consisting of (i) approximately 187.1135 acres more particularly described on Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes, and (ii) approximately 36.17 acres more particularly described on Exhibit "A-1," which is attached hereto and incorporated herein for all intents and purposes, if and when such tract of land is annexed into the boundaries of the District. "TCEO" shall mean the Texas Commission on Environmental Quality or its successor agency. 2 "Water" shall mean potable water meeting the minimum drinking water standards prescribed by Texas Department of Health Resources and TCEQ, and their successor agencies. 1.02 Exhibits. The following Exhibits attached or to be attached to this Agreement are a part of this Agreement as though fully incorporated herein. Exhibit A Service Area (District Property) Exhibit A-1 Service Area (Annexation Property) Exhibit B District Rate Order Exhibit C City's Present Water Service Ordinance Exhibit D Amendatory Contract between the City of Houston and the San Jacinto River Authority ARTICLE II CONSTRUCTION OF IMPROVEMENTS BY DISTRICT 2.01 District's System. The District shall acquire or construct, or cause to be acquired or constructed, the District's System. No cost of the District's acquisition or construction of the District's System, including engineering fees, the acquisition of any lands or easements 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 sealed by a licensed engineer in the State of Texas, which meet the approval of the Director and 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, sealed by a licensed engineer in the State of Texas, and similar certification for any subsequent alterations or modifications made to the District's System during the term of this Agreement. 2.03 Inspection. The District specifically grants the City the right to inspect at any time any and all construction of the District's System in order to determine whether such construction is in conformance with the City's standards and the approved plans and specifications. Should all or any portion of the District's System be found by the Director not to conform 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, regardless of when such non -conformity is detected. The District's System must be brought into conformity with the City's standards and the approved plans and specifications within thirty (30) days of the District's receipt of notice of non-conformance, unless an extension is approved in writing by the Director. Failure to adequately and timely remedy the District's System shall be construed as an Event of Default for which no additional opportunity to cure shall be given. 2.04 Points of Delivery. The Points of Delivery between the City's System and the District's System shall be approved by the Director and shall not be changed without prior written approval of the Director. 2.05 Completion of Construction. Upon completion of the construction provided for in Section 2.01 and subject to the terms of this Agreement, both the City and the District agree as follows: (i) the City shall deliver to the District and the District shall accept from the City water in quantities as specified in Article IV herein, for the price at the Point of Delivery herein provided, consistent with other limitations as stated herein. 2.06 Commencement of Use of Interconnections. The Interconnections shall be placed into operation only upon the inspection and approval of the Interconnections and the District's System by the City and the District. Furthermore, the City reserves the right to reject any Interconnection designated by the District which would, in effect, interfere with or increase the cost of any other facilities or operations which the City might wish to construct or implement, or plan to construct or implement, or which would adversely affect the City's ability to provide water services to any of its customers. 2.07 Water Measuring Equipment. The District will, at its sole cost and expense, furnish and install or contract with the City to furnish and install, at any and all Interconnections, all measuring equipment as may be required by the City, including, but not limited to, meters, totalizers, and devices of standard type for measuring and recording accurately the quantity of water delivered within an accuracy tolerance of two percent (2%) plus or minus for a given rate of flow. It is expressly understood and agreed by the parties hereto that a master meter(s), with a double-backflow preventer at all points of interconnection and measuring total flow through the Interconnection having an accuracy tolerance of two percent (2%) plus or minus for a given rate of flow, is required and must be approved and inspected by the City prior to the City being obligated under this Agreement to deliver any water to the District. The District shall also install, operate and maintain, or contract with the City to install, operate and maintain, as required by the City, pressure regulating devices and equipment. Such measuring equipment shall be approved by the City; and after the City's approval of the installation, the same shall become the property of the City. (1) Inspection. During all reasonable hours, the City and the District shall have access to such measuring equipment so installed. The City shall have access to all records pertinent to determining the measurement and quantity of treated water actually delivered hereunder, but the reading of the meters for purposes of billing shall be done by the District. 4 (2) Calibration. After approved installation thereof, the City shall perform, at its own cost and expense, periodic calibration tests on the primary measuring equipment so installed in order to maintain the accuracy tolerance within the guarantees of the manufacturer thereof, not to exceed tolerance of two percent (2° 6), at least once every twelve (12) months. At reasonable intervals, the City agrees to properly check and calibrate the flow, recording the totalizing measuring equipment for the purpose of ascertaining its condition of accuracy. The City agrees to notify the District at least forty-eight (48) hours in advance of the time any test is to be made, to permit the District to observe such test and to furnish the District with a copy of the results of all checks and calibration tests performed on said measuring equipment. If any tests or calibration checks show a condition of inaccuracy, adjustments shall be made immediately by the City so said measuring equipment will register correctly within the aforesaid accuracy tolerance. In addition, the District shall have the right to independently check said measuring equipment at any time upon at least forty-eight (48) hours' notification to the Director. (3) Check Meters. The City may install, at its own cost and expense, such check meters in the District's pipeline as may be deemed appropriate and the District shall have the right of ingress and egress to such check meters during all reasonable hours; provided, however that the billing computation shall be on the basis of the results of the measuring equipment set forth in Section 2.07(a) hereinabove. (4) Inaccuracy Adjustments. If, upon any test, the percentage of inaccuracy of any measuring equipment is found to be in excess of five percent (5%) for the aforesaid given rate of flow, then the District's account shall be adjusted for a period extending back to the time when such inaccuracy began, if such time is ascertainable, and if such time is not ascertainable, for a period extending back one-half ('h) of the time elapsed since the date of the last test, or, the date of the last adjustment to correct the registration, whichever is later, but not to exceed one hundred twenty (120) days. If, for any reason, the measuring equipment is out of service or out of repair and the amount of treated water delivered cannot be ascertained or computed from the reading thereof, water delivered during the period shall be estimated and agreed upon by the parties hereto on the basis of the best data available. (5) Independent Check of Metering Equipment. In the event of a dispute between the District and the City as to the accuracy of the testing equipment used by the City to conduct the test of accuracy upon the meters being used, an independent check may be mutually agreed upon between the District and the City to be conducted by an independent measuring equipment company suitable to both the District and the City, the cost of such test to be at the District's sole expense. E (6) Given Rate of Flow. As used in this Article, the expression "given rate of flow" means the total quantities of treated water delivered during the preceding period (usually a calendar month) as reflected by the recording devices, divided by the number of days in the period. ARTICLE III OWNERSHIP, OPERATION AND MAINTENANCE OF SYSTEMS 3.01 District's System. The District shall own, operate and maintain at its sole cost and expense the District's System and will promptly repair any of its facilities so as to prevent leakage. 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 as determined at the sole discretion of the City, then such failure shall be considered an Event of Default. It is expressly understood and agreed that the City at any time upon notice to the District may take whatever steps it believes are necessary to preserve the integrity of the City's System, including but not limited to, discontinuing services. 3.02 City's Utility Requirements. The District covenants and agrees to comply with Chapter 126, Article V, Division 4 of the City's Code of Ordinances ""and all amendments thereto (the "Utility Requirements"), for water distribution facilities and agrees not to permit plumbing work relating to water service or allow connection to the District's System except in compliance with the Utility Requirements and Chapter 18, Article IV of the Code of Ordinances and all amendments thereto (the "Plumbing Code"), and after inspection and approval by the District's operator or other authorized representative. The District shall, after such inspection and approval and prior to service to the facility, submit to the City an affidavit of inspection certifying that all requirements of the Utility Requirements have been satisfied. The District further agrees that all water service connections shall be maintained in compliance with the Utility Requirements and the Plumbing Code of the City. In order to enforce this provision, the City inspectors shall be permitted to act for and on behalf of the District or in lieu of the District's operator, and the District will enforce any notice issued by such inspectors. The District will be charged an inspection fee in the amount as specified in Section 2-595 of the Code of Ordinances, as amended, for each inspection made by the City pursuant to this provision. If any such notices are not complied with, the District shall discontinue service when this may be legally done pursuant to the District's Rate Order upon the request of the City to do so. A copy of such rate order is attached hereto as Exhibit "B" and incorporated herein for all intents and purposes. Failure of the City to act on behalf or in lieu of the District shall not be construed as a waiver of the right to so act in the future or to exercise any right or remedy occurring as a result of the District's default. 6 Should the District for any reason fail to enforce the standards established by the Utility Requirements or Plumbing Code for water or should the District fail to comply with the foregoing provisions of this section, such failure shall be an Event of Default. 3.03 Outside Service Contracts. The District agrees that should the District desire to delegate responsibility for maintenance or for supervision of the District's System to any individual or entity other than its own employees holding any permit or certificate required by law, then any such proposed service arrangement, by written contract or otherwise, must be approved in writing 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 District 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 dissolution of the District by the City. 3.04 Title to and Responsibility for Water. Title to, possession, and control of water shall remain in the City, or its assigns, to the Point of Delivery where title to possession, and control of water delivered under this Agreement shall pass from the City to the District; and the District will take such title, possession and control at the Point of Delivery. As between the parties hereto, the City shall be in exclusive control and possession of the water deliverable hereunder and solely responsible for any damage or injury caused thereby until the same shall have been delivered to the District at the Point of Delivery, after which delivery the District shall be in exclusive control and possession thereof and solely responsible for any injury or damage caused thereby, and such party respectively shall save and hold the other party harmless from all claims, demands, and causes of action which may arise while said water is under its respective ownership and control. The City shall not be responsible in damages for any failure to supply water or for interruption of the water furnished hereunder. The District agrees to save harmless the City from all damage to real and personal property occasioned or caused by the making of the water connection or connections herein referred to or caused by the furnishing of water hereunder, and shall also save and keep harmless the City from all damage of any kind, nature and description which may arise as the result of the making of this Agreement. ARTICLE IV QUANTITY AND CAPACITY 4.01 General. All services to be provided by the City herein shall be expressly subject to the payment of the appropriate impact fees, without credit and/or reimbursement, and other costs specified in this Agreement and the City's Code of Ordinances. Subject to the terms and conditions of this Agreement, the 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 Agreement for water services to be supplied in the Service Area, subject to the limitations expressed hereinabove. The District's total treated water requirements shall mean the total quantity of 7 treated water the District needs to conduct operations, use or resell within the Service Area. The maximum amount of total treated water that the City shall be obligated to provide shall be the alternate capacity requirement assigned by the TCEQ to the District. As such, the District is hereby required to submit a request to obtain alternative capacity requirements from the TCEQ in accordance with 30 TAC §290.45(g) within six (6) months after it has acquired three (3) years of data regarding the daily production of the District's System. Until such alternative capacity requirement is obtained, it is stipulated that the District's total treated water requirements shall not exceed 1,625 (400 gpd/ESFC) equivalent single family connections ("ESFCs"). The City shall not be required at any time during the term of this Agreement to provide more than the following: Years C Avera a Dail Flow Peak Hour Flow ESFCs 2020-2021 220,000 gpd 611 gpm 550 2022-2023 380,000 gpd 1,056 gpm 950 2024-2025 480,000 gpd 1,333 gpm 1,200 2026-2027 580,000 gpd 1,611 gpm 1,450 2028-End 650,000 gpd 1,806 gpm 1,625 Notwithstanding any provision contained herein to the contrary, it is expressly understood and agreed that in no event shall the City at any time during the term of this Agreement be obligated to reserve water in quantities in excess of the number of ESFC's necessary to serve any undeveloped property included within the Service Area and a preliminary plat submitted to the City, plus the number of ESFC's necessary to serve property previously developed or currently under development within the Service Area. 4.02 Capacity Reserved. The City covenants and agrees that upon receipt of impact fees as provided for in Section 5.01 of this Agreement, the City shall endeavor to reserve for the exclusive benefit of the District, the capacity in its water supply facilities sufficient to supply and treat the quantities set forth in Section 4.01 of this Agreement. However, the District shall not be guaranteed any specific quantity or pressure of water for the services to be provided herein by the City if the City's water supply is limited or when the District's equipment may become inoperative due to unforeseen breakdown or scheduled maintenance and repairs, and the City is in no case to be held to any liability for failure to furnish any specific amount or pressure of water. 4.03 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 Agreement without the express prior written consent of the City. Failure to comply with this provision shall constitute an Event of Default. ARTICLE V PAYMENT AND TERMS 5.01 Impact Fees. The District shall pay to the City impact fees pursuant to Article IV, Chapter 114 of the Code of Ordinances, Baytown, Texas to purchase water capacity from the City to serve the Service Area. The impact fees may be adjusted from time to time by the City Council, and the District shall be required to pay the rate in effect at the time payment is due. The water impact fee shall be one hundred twenty-five percent (1250/'0) of the water impact fee pursuant to Section 114-99 (b) of the City of Baytown Code of Ordinances for each equivalent single-family connection ("ESFC") charged to development within the City at the time of collection. The water impact fee shall be collected at the time the Developer submits each final plat. 5.02 Monthly Service Charge. The District shall pay to the City in monthly installments a service charge (to cover the City's operation and maintenance) equal to the City's minimum charge and additional charges, if any, applied to the actual quantity of treated water delivered to the District during the month in question per connection. The charge shall be calculated on the basis of the metered water use and otherwise for each user connected to the District's system, consistent with the provisions for such calculation found in the City's Water Service Rate Ordinance, which may be amended from time to time. A copy of the City's present rate ordinance for water service, as set forth in Chapter 98, Article III of the Code of Ordinances of the City of Baytown, in effect as of the date of this Agreement, is attached as Exhibit "C," and incorporated herein. For example, as of the Effective Date of this Agreement for water service for single-family residential units, the District shall pay $3.62 per bill, $7.53 for the base charge per connection and the following per gallons used per connection: Up to 2,000 gallons per unit..................................................................$2.57 Over 2,000 6,000 gallons per unit......................................................$5.60 Over 6,000 12,000 gallons per unit....................................................$6.71 Over 12,000 18,000 gallons per unit..................................................$8.74 Over 18,000 gallons per unit...............................................................$11.36 The District agrees that the payment due herein shall be calculated on a per residentiaUcommercial connection basis by using the water delivered as measured by the master meter(s) or individual residential/commercial meters, whichever is greater. Should a disparity between the master meter(s) and meters of the individual residences or commercial developments exist and the master meter(s) records a greater water usage, the District shall be responsible for the payment of the amount of water usage indicated by the master meter(s) at the rate hereinabove expressed. As used in this section, the term "day" shall mean a period of twenty-four (24) consecutive hours beginning at eight o'clock (8:00) a.m. on one calendar day and ending at eight o'clock (8:00) a.m. on the next succeeding calendar day. The term "month" shall mean a period beginning at eight o'clock (8:00) a.m. on the first day of a calendar month and ending at eight o'clock (8:00) a.m. on the first day of the next succeeding calendar month, except that the first 0 month or partial month shall begin on the day of the initial delivery of water hereunder, and the minimum monthly payment, if any, shall be prorated for such partial month. The measuring equipment used for the measurement of treated water shall be read by the District on the last day of each month (or at such period of frequency arranged between the parties) at eight o'clock (8:00) a.m., or as near thereto as reasonably practicable; and on such day, the District shall account and certify to the City the amount of treated water delivered to the District. Additionally on that day, the District shall render to the City an accounting of the service charges as provided in Section 5.04. 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. 5.03 Right of Inspection. City shall have the right at any time by actual count or by an inspection of the District's books, records and accounts to determine the number of water 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. All books, records and accounts shall be open for inspection at all reasonable hours for any authorized representative of the parties. 5.04 Reporting Requirements. Each month, the District shall provide to the City a preliminary operating report in a form approved by the City's Director of Finance. Such preliminary operating reports shall be tendered to the City on or before the 10`h day of each month concerning the prior month's operations. After receipt of each preliminary operating report, the City will generate an invoice specifying the amount due and owing for the report period. The District shall present both the preliminary operating report and the corresponding invoice to its Board of Directors each month on or before the third Thursday of the month for the Board's review and approval. On or before the Friday after the third Thursday of each month, the District shall tender to the City a final operating report for the previous month in a form approved by the City's Director of Finance containing a certification by the presiding officer of the Board that the information contained in the report is true and correct. Should there be any difference between the preliminary and final operating reports, which affects the amount due and owing to the City, the City shall adjust the next month's bill to address such difference. 5.05 Payments. Payment by the District to the City shall be made within thirty (30) days following the receipt of the invoice specified in Section 5.04 hereinabove. Any sums payable by the District to the City under this Agreement which are not paid within thirty (30) days following the receipt of the invoice shall bear interest in accordance with Section 2251.025, Texas Government Code. If the District defaults on the payment of any invoice, and the amount so past due and unpaid, including interest thereon, is collected by the City by suit, there shall be reasonable attorneys' fees added thereto for collection thereof by suit. Failure to pay charges when due shall constitute an Event of Default. Notwithstanding any of the above, in the event 10 the District fails to tender payment of any amount when due and such failure continues for thirty (30) days after notice in writing to the District of such default, the City may suspend delivery of services offered hereunder, but the exercise of such right shall be in addition to any other remedy available to the City. 5.06 Service Charge Modifications. Although the City believes that the present charges for such services as set forth herein are fair and reasonable, nonetheless, the parties realize that due to unforeseen contingencies, the City may increase the charges for such services, whether by amendment of the rate schedule for like services outside the City limits upon which the service charges levied hereunder are based, or by other means. 5.07 Operating Expense and Covenants as to Rates. The sums to be paid the City by the District under the terms of this Agreement 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 System and such costs shall be first charged upon the gross revenues received from the District's System as a part of the District's System, and such costs shall be a first charge upon the gross revenues received from the District's operation of said system. The District agrees to establish and maintain rates sufficient to pay all costs and expenses of operation and maintenance of the District's System. 5.08 Events of Default. An Event of Default, as stated from time to time herein, shall constitute a material breach of this Agreement. For any material breach of this Agreement, 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(s) violated; provided however, that this Agreement shall not be terminated prior to the City's giving thirty (30) 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 as determined at the sole discretion of the City, to commence substantial curative efforts within thirty (30) days and faithfully prosecute the same. Termination of service pursuant to this section shall not limit either party to any other remedy at law or in equity. ARTICLE VI PERFORMANCE REGARDING TREATED WATER SERVICES The City covenants and agrees that it will not contract for the sale of water to other users to such an extent or for such quantities as to impair the City's ability to perform fully and punctually its obligations to the District under this Agreement. In case of temporary shortage of water notwithstanding the City's compliance with the provisions of this Article, the City shall distribute the available supply as provided by the laws of the State of Texas. It is specifically agreed and understood that this Agreement contemplates that the District will resell the water purchased pursuant to the terms hereof. Pursuant to the Amendatory Contract entered into by the City of Houston and the San Jacinto River Authority, a copy of which is attached hereto as Exhibit "D" and incorporated herein for all intents and purposes, and not withstanding any other provision of this Agreement to the contrary, the District covenants and agrees that it takes the treated water under this Agreement from the City for solely municipal purposes, as such term is defined by the TCEQ rules, currently in effect or hereinafter amended, and no other purposes. Such treated water shall be sold, distributed or used and ultimately consumed only for residential household and municipal purposes exclusively within the District's Service Area. The District understands and agrees that the City, the Baytown Area Water Authority, the City of Houston or the San Jacinto River Authority, or any combination thereof, may enforce the covenants contained in this Article by an action brought directly against the District. In the event that the City maintains any legal proceeding to enforce such covenants, the District agrees to indemnify the City in the amount of all expenses relating to the legal proceeding, including, but not limited to, costs of court and reasonable attorney's fees. The District acknowledges that the City may be liable to the Baytown Area Water Authority, the City of Houston and/or the San Jacinto River Authority for monetary damages in the event that the District or any purchaser of water from or through the District fails to comply with the restrictions and limitations on the sale of water set out in this Article. The District acknowledges that such monetary damages would amount to seventy-five percent (75%) of the consideration or revenue received by the City for the estimated amount of water distributed, sold or used in violation of such restrictions or limitations plus all litigation expenses, reasonable attorney fees, and all other remedies available to the Baytown Area Water Authority, the City of Houston and. or the San Jacinto River Authority. The District hereby agrees to fully indemnify, hold harmless and defend the City from and against any such expenses and liability which the City might incur or any loss the City might suffer as a result of any failure by the District or any purchaser of water from or through the District, to comply with such restrictions and limitations. The District further agrees to include covenants in any sales or contracts for sale of water by the District to any other entity to ensure that said other entity will likewise indemnify, hold harmless and defend the City. The District agrees to submit the wording of such covenants for the written approval of the City prior to entering into such contracts. The District acknowledges that the City of Houston may be liable to the San Jacinto River authority for monetary damages in the event that the District or any purchaser of water from or through the District fails to comply with the restrictions and limitations on the sale of water set out in this Article. The District acknowledges that such monetary damages would amount to seventy-five percent (75%) of the consideration or revenue received by the City of Houston for the estimated amount of water distributed, sold or used in violation of such restrictions or limitations plus all litigation expenses, reasonable attorney fees, and all other remedies available to the San Jacinto River Authority. The District hereby agrees to fully indemnify, hold harmless and defend the City of Houston from and against any such expenses and liability which the City of Houston might incur or any loss the City of Houston might suffer 12 as a result of any failure by the District or any purchaser of water from or through the District, to comply with such restrictions and limitations. The District further agrees to include covenants in any sales or contracts for sale of water by the District to any other entity to ensure that said other entity will likewise indemnify, hold harmless and defend the City of Houston. The District agrees to submit the wording of such covenants for the written approval of the City prior to entering into such contracts. On or before the first anniversary of the date this Agreement is signed, the District shall approve and implement and throughout the term hereof remain in full compliance with a water conservation program in accordance with the requirements of the TCEQ. Such plan and any amendments thereto shall be submitted to the appropriate authority as required by state law for review and approval. In the event that the TCEQ adopts new requirements, the District shall adopt an amended plan and submit same to the appropriate authority for review and approval. Within thirty (30) days after the term of this Agreement, the District shall furnish the City with a statement, under oath, showing the quantities and sources of all water for use or resale by the District. ARTICLE VII MISCELLANEOUS PROVISIONS 7.01 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 Agreement, 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, lightening, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of governments and people, explosions, breakage or damage to machines or pipelines and any other inability of either party, whether similar to those enumerated or otherwise and not within the control of the parties claiming such inability, which by the exercise of due diligence and care such party could not have avoided. It is understood and agreed that the settlement of strikes or lockouts shall be entirely within the discretion of the party having the difficulties, and the above -referenced requirement that any force majeure be remedied with all reasonable dispatch shall not require the settlement 13 of strikes or lockouts by acceding to demands of the opposing party when such course is inadvisable in the discretion of the party having the difficulty. 7.02 Approval. Whenever this Agreement requires or permits approval or consent to be hereinafter 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 of a party shall be evidenced by an ordinance or resolution adopted by the governing body of the party, or by an appropriate certificate executed by a 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 the governing body, unless stated otherwise herein. 7.03 Address and Notice. Unless otherwise provided in this Agreement, any notice, communication, request, reply or advice (herein severally and collectively for convenience, called "Notice") herein provided or permitted to be given, made or accepted by any party to the other must be in writing and may be given or 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 Agreement, 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 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 City of Baytown Attn: City Manager P.O. Box 424 Baytown, TX 77522 Fax: (281) 420-6586 If to the District, to Chambers County Municipal Utility District No. 3 Attn: Bryan T. Yeates 1300 Post Oak Boulevard, Suite 1400 Houston, TX 77056 Fax: 713-623-6143 The parties shall have the right from time to time and at any time to change their respective addresses and each shall have the right to specify as its address any other address, 14 provided at least fifteen (15) days' written notice is given of such new address to the other parties. 7.04 Assignability. This Agreement 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. 7.05 Regulatory Agencies. This Agreement 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. 7.06 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 Agreement, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants or conditions by any other party hereto, but the obligation of such other party with respect to such future performance shall continue in full force and effect. 7.07 Modification. Except as otherwise provided herein, this Agreement shall be subject to change or modification only with the mutual written consent of the parties hereto. 7.08 Parties in Interest. This Agreement 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 be subject to any liability in damages to any customer of the District for any failure to perform its obligations under this Agreement. 7.09 Captions. The captions appearing at the first of each numbered section in this Agreement are inserted and included solely for convenience and shall never be considered or given any effect in construing this Agreement 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. 7.10 Severability. The provisions of this Agreement are severable, and if any provision or part of this Agreement or its application thereto 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 Agreement and the application of such provisions or part of this Agreement to other persons or circumstances shall not be affected thereby. 7.11 Merger. This Agreement embodies the entire understanding and agreement between the parties as to the water supply services, and there are no prior effective representations, warranties or agreements between the parties. fE 7.12 Construction of Agreement. The parties agree that this Agreement shall not be construed in favor of or against any party on the basis that the party did or did not author this Agreement. 7.13 Term. This Agreement shall be in force and effect from the date of execution hereof for a term of thirty (30) years; provided that (i) City's contract with the Baytown Area Water Authority for the purchase of treated water in sufficient quantities to supply the District under the terms and conditions in effect at the time of the execution of this Agreement remain unchanged; and (ii) the Baytown Area Water Authority's contract with the City of Houston for the purchase of raw water in sufficient quantities to supply the Baytown Area Water Authority under the terms and conditions in effect at the time of the execution of this Agreement remain unchanged. Should the City's contract with the Baytown Area Water Authority or the Baytown Area Water Authority's contract with the City of Houston be terminated for any reason or should the City become legally unable to supply the District, then this Agreement shall terminate automatically at the time of such termination or inability. This Agreement shall be automatically extended for additional five (5) year terms unless either party gives written notice of termination three (3) months prior to the date of any such automatic extension. However, both parties expressly understand and agree that should any portion of the property involved in this Agreement become annexed by the City of Baytown for full purposes, this Agreement may terminate with respect to such area at the sole option of the City. 7.14 Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 7.15 Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts each of which shall be deemed an original for all purposes. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] 16 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of this day of , ATTEST: (Signature) (Printed Name) (Title) APPROVED AS TO FORM: (Signature) (Printed Name) (Title) CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO.3 President, Board of Directors 17 ATTEST: LETICIA BRYSCII, City Clerk APPROVED AS TO FORM; IGNACIO RAMIREZ, SR., City Attorney CITY OF BAYTOWN RICHARD L. DAVIS, City Manager (Date) 18 EXHIBIT "A" Description of Service Area (District Property) 19 Chargbcrs County Municipal Utility District No. 3 187.1135 Acres STATE OF TEXAS COUNTY OF CHAMBERS § Chambers County School Land League Abstract No. 321 A METES AND BOUNDS of certain 187.1135 acre tract of land situated lh the Chambers County School Land League, Abstract No. 321►n Chambers County, Texas, being all of called 5.7270 acres conveyed by Deed Montgomery Jett Angel Trust recorded in Document No. 2018-137473 of the Official Public Records of Chambers County (OPRCC), the remainder of a called 154.012 acres (Tract3) conveyed by Correction Warranty Deed Park Block, Ltd. and recorded In Volume 1161 at Page 209 OPRCC, all of a called 41.7490 acres conveyed by Correction Deed to The Noor Foundation and recorded in Documn nt No. 2018-131695 OPRCC, and all of a called 27.407 acre$ conveyed by Deed to Harry W. Freeman, Trustee 'recorded in Volume 173, Page 303 ofthe Deed Records of Chambers County (DRCC) (now carried in the name of Family Interests, Ltd. on tax roll); said 187.1135 acre tract being more particularly described as follows with all bearings being based on the Texas Coordinate System of 2983, South Central Zone; IEGINNING at a point•for-corner being in the youth right-of-way line of Interstate Highway No, 10 (300 feet wide right-of-way) for the northwest corner of that certain 40323 acres described in Lis Pendens dated June 6, 2005, styled State of Texas vs. Family Interests, Ltd., recorded in Volume 781., Page 367 OPRCC and the northeast corner of said 5.7270 acres, being at the intersection of the south 'right of way line of said Interstate Highway No. 10 with the west right cif -way line of State Highway 99 (a/k/a East Grand Parkway South) and being the northernmost northeast corner of the herein described tract. (Said BEGINNING POINT has a State Plane Coordinate Value of Y=13,870,267.98 and X-3,278,546.95.) THENCE, South 02031'30" East, along the northeast line of the herein described tract, the east line of said 5.7270 acres, the northernmost west line of said 40.323 acres and the west right-of-way line of said State Highway 99, 50.17 feet to a point -for -corner atthe beginning of a non -tangent curve to the right being an Interior corner of the herein described tract, an exterior corner of Bald 40.323 acres, an exterior corner of laid State Highway 99 end the northernmost r-orner of said 154.072 acres{ THENCE, along said -,urve to the right, along the southernmost east line of the harain described tract, the east line of said 1S4.072 acres, a west line of sold 40,323 acres and the west right-of-way line of said State Highway 99, said curve having a radius of 1110.92 feet, a central angle of 28°44'52" and a chord bearing South 61°49'04" East, 551.57 feat, and an arc length of557.40 feet to a point -for -corner; THENCE, South 27°18'58" Last, along the southernmost east line of the herein described tract, the east line of said 154.072 acres, the southernmost west line of said 40.323 acres and the west right-of-way line of said State Highway 99, 2133.74 feet to a pbint-for-corner at the beginning of a curve to the right; THENCE, along said curve to the right, along the southernmost east line of the herein described tract, the east line of said 154.072 acres, the east line of said 417490 acres, the southernmost west line of said 40.313 acres and the west right of -way litre of said State Highway 99, said curve having a radius of2664.77 feet, a central angle of 57°06'140, a chord bearing South 01014'09" West, 2547.20 feet, and an arc length of 2655.84 feet to a point for -corner In the south line of said Chambers County School Land Survey and the north line of the Jacob lownsend Survey, Abstract No. 25, Chambers County, Texas, being In the North line of a called 92.3102 acres conveYad by Deed to Kilgore Business, LLC recorded In Volume 1663, Page 649 OPRCC and being the southeast corner of the herein described tract, the southeast corner of said Page 1 of 3 K.:\00280\00280 000100 Boundary Survey —1.86 Acre Baytown Tract\1 Surveying phase\CCMUD No. 30ocuments\CCMUD No. 3 • Tract One M&B.docx Chambers County Chambers County School Land League Munl6pal Utility District No. ? Aostract No. 321 187.1135 Acres 41.7490 acres and the southwest corner of said 40.323 acres; THENCE, South 87032' 17" West; along the easternmost south lime of1he herein described tract, the south line of said Chambers County School Land Survey, the south line of said 4A-7490 acres, the south line of said i54.07? acres, the north line of said 92.3102 acres and the north line of said Townsend Survey, 945.19 feet to a point for -corner being the southernmost southwest cornier of the: herein described tract, the southwest corner of said 41,7490 acres, the southernmost southwest corner of said 154.072 acres and the southeast corner of a called 32.10 acres conveyed by Deed Speer properties, Inc, recorded in Volume 549, Page 766 OPRCC; THENCE, North 02027'43" West, along the southernmost west line of the herein described tract, the southernmost west line of said 154.072 acres, the west line of said 41.7490 acres and the east line of sa+d 32.10 acres,1478.65 feet to a point -for corner, peipg ap Interior corner of the herein described tract, the northwest corner of said 41.7490 acres and the northeast corner of said 32410 acres; THENC9, South 87°3�'17" West, along the westernmost south line of the herein .described tract, the westernmost south line of said 154.072 acres, the north line of said 92A0 acres and the north line of a called 1.9821 acre tract conveyed by Deed to Speer Properties, Inc, recorded in Volume 549, Page 769 OPACC, 1478.70 feet to a point -for -corner being the westernmost southwest corner of the herein described tract, the westernmost southwest corner of said 154.072 acres and the ngrthvJest corner of said 1.9821 acres; THENCE, Nortlt 02°2743" West, along the westernmost west Ilse of the here=n described tract, the westernmost west I ne of said 154.012 acres, and the East line of a called 4.391 acres conveyed by Deed to Speer Properties, Inc. recorded in Volume 89, Page 126 0PRCC,1040.40 feet to a point -for -corner being the southwest corner of said called 27.491 acres; THENCE, Continue North 02°27'43" West, along the westernmost west line of the herein described tract, the westernmost west line of said 1M.072 acres, the west line of said �7.497 acres, the east line of said 4.391 acres and the east line of a called 1.49 acres conVeyid by Deed to United Gas Pipe Line Company recorded in Volume 163, Page 459 0ACC, 1086.56 feet to a point -for -corner being the westernmost northwest corner of the herein described tract, the northwest corner of said 27.497 acre. and the southwest corner of a called 20.98 acres conveyed by Betty Stubbs McCune to Frank B. McCune in Cause No. 3127 of the Probate Records of Chambers County, Texas; THENCE, North 87"32' 17" East, along the westernmost north line of the herein described tract, the, north line of said 27.497 acres and the south line of said 20.98 acres, 1094.44 feet to a point for corner being the northeast corner of said 27,497 acres and an exterior corner of said 154.072 acres; THENCE, Continue North 87032'17" Eastj along the westernmost north line of the herein described tract, the westernmost north line of said 154.072 acres and the south line of said 20.98 acres,123.63 feet to a point -for -corner being an interior corner of the herein described tract, an interior corner of said 154.072 acres and the southeast corner of said 20.98 acres; THENCE, North 02°31'30" West, along an interiorwest line of the herein described tract, tjie northernmost west line of said 154.072 acres and the east line of said 20.98 acres, 764.88 feet to a point -for -corner Page2of3 K:\00280\00280-0001-00 Boundary survey —186 Acre Baytown Tract\l Surveying Phase\CCMUD No. 3\Documents\CCMUD No, 3 Tract One M&B.docx Chambers County Chambers County School Land League Municipal Utility District No. j Abstract No. 321 187,1135 Acres being an interior corner of the herein described tract, thh poutheast corner of said 20.98 acres and the southeast corner of said 5.7270 acres; THENCE, South �7°31'35" West, a ong an interior line of the herein described tract, the south line of said 5.7270 acres and the north line of said 20.98 acres, 607.18 feet to a poini-for-corner being an exterior corner of the herein described tract, the southwest corner of said 5.7270 acres and the southeast corner of a called 4.964 acres conveyed by Deed to Wowco Properties, LLC recorded in Volume 1677, Page 404 OPRCC; THENCE, North 02°17147" West, along the northernmost west line of the herein described tract, the wgst line of said 5.72�O acres and the east line of said 4.964 acres, 383.93 feet to a point -for -corner being the 5out,F right-of-way line of said Interstate Highway No. 10 for the northernmost northwest corner of the herein described tract, the northwest corner df said 5,7270 acres and the northeast corner of said 4.964 acres; THENCE, North 82a20' 19" East, along the northernmost north line of the herein described tract, the north line of said 5.7270 acres and the south right-of-way line ofsaid Interstate Highway No.10, 608.09 feet to the POINT OF BEGINNING, CONTAINING 187.1,135 acres or 8,150,665 square feet of land in Chambers County, Texas as shown on Drawing No.14085 filed in the offices of Jones I Carter in Bellaire, Texas This document waeprepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or estab ish interests, in real property except those rights and ihterests implied or established by the creation or reconfiguration of p'oli cal subdivision for which it was prepared. ionesICarter 6330 West Loop South, Suite 150 Bellaire, Texas 77401 (713) 777-5337 Texas BoardofTrofr,Fsioaq[ZwrdSurveyiag ftdistration No. 10046100 ............... 5317 o- Qe�n• •• q, �' 3VAVti��,�3 '►rough Steven Jares Professional Land Surveyor escarter.com Page 3 of 3 K:\00280\00Z80 000100 Boundary Sprvpy 186 Acre Baytown Tract\1 Surveying Phase\CCMUD No. 3�Docurnants\CCMUD nc. 3 Tract One M&B.dpp PCs, 09 g2Za l9• E 6p6 ` Jrea.� syJ""Jtw �.i'nymaae °" --` N aTl1YY E 109t.N' 1 _L 1-- j ilb, 1 s�wi.:w�Z 11 EXHIBIT "A" -S a171:70' E h N aTJ272 C 12163, TRACT ONE 187.1135 ACRES 8,150,665 SQ Ff a,nJ aJJn a iN i, S aT.VYY w 515I2' N ,v71Y5' M ma, TRACT TWO 36.1733 ACRES N : s ---- 2 1X5,70s sQ Fr �pwnu.N,,.r � � � �f $gib — 6, a 4 pce9 S a .J N . Ja' S ITJl;el' M g,7QIa' I. �y w:Jr ur f.wbL m.M1 b f..,�..�. «\ 1.1. r�M 'tb.. r �.�.a • «ias. « e�w«n csn„ wk'M N, O.uk, •«r" TJ �''I cw, N nr aaaa., onM TEVEHJAPFS BOUNDARY MAP OF CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT Na 3 CONTAININO 223.2868 ACRES OUT OF THE �•o..e ,,,,_,,.a,.,-,., CHAMBERS COUNTY SCHOOL LAND LEAGUE, A•321 CHAMBERS COUNTY, TEXAS = `i ar eou '. wuw FEBRUARY 2020 W� wa wi,m� ca•.i a unity• •• „` o,. x«.ee « n w,a� .uu a xmi. ®JCl EBICARTER EXHIBIT "A-1" Description of Service Area (Annexation Property) 20 Chambers County Municipal Utility District No. 3 36.1133 Acres STATE OF TEXAS § COUNTY OF CHAMBERS § Chambers County School Land League Abstract N6- S21 A METES & BOUNDS description of a certain 36;1733 acre tract of land situated in the Chambers County School Land League, Abstract No. 321 iri Chambers County, Texas, being all of a called 1.9821 acre tract of land conveyed by General Warranty Deed to Speer Properties recorded in Volume 549, Page 769 of the Official Public Records of Chambers County (OPRC�), all of a called 0.9903 acre tract of land conveyed by General Warranty Deed to SptFer Properties recorded in Volume 639, Page 488 OPRCC, al, of a called 0.5951 acre tracE of land conveyed by Genera) Warranty Deed tb 5pee,r Propertiet recorded in Volurnje 776, Page 3$8 OPRCC, and all of called 32.10 acre tract of land conveyed by General Warranty Deed to Speer Properties recorded in Volume 549, Page 766 OPRCC; said 36.1733 acre tract being more particularly described as follows with all bearings based on the Texas Coordinate System 6f 1983, South Central Zone; BEGINNING at a point -for -cornet being the southwest corner said 32.10 acre tract, being common with the southeast corner of a called 3.577 acre tract of land conveyed by Vendor's Lien Deed to Dodd F. naves recorded in Volume 294, Page 518 OPRCC, and being ih the north line of a called 92.3102 acre tract of land conveyed by Special Warranty Deed with Vendor's Lien to Kilgore Business, LLC recorded in Volume 1663, Page 649 OPRCC; THENCE, North 02026'43" West, along the west line of said 32.10 acre tract, being common with the east line of said 3.577 acres, the east line of a called 1.61.8 acre tract conveyed by Warranty geed with Vendor's Lien to Harold L. Duncan and Diane E. Duncan recorded in Volume 309, Page 833 OPRCC, the, east line of a called 1.667 acre tract conveyed by General Warranty Deed to Larry Joe Benton and Lisa lanes Benton recorded in Volume 311, Page 487 OPRCC, the east I9ne of a called 3.57 acre tract conveyed by Deed to P.C. Cezeaux and G.A. Martin recorded in Volume 16, Page 44 DRCG, and the east line of a called 3567 #rO tract conveyed by Correction Deed to Ricky Fontenot recorded in Volume 1383, Page 22 OPRCC, 1184.15 feet to a point -for -corner being an interior southwest corner of the herein described tract, being common the southeast corner of said 0.9903 acre tract, the northeast corner of said 3.567 acre tract, and being In the west line of said 32.10 acre tract; THENCE, South 87932'17" West, along the south line of said 0.9903 acre tract, being common with the north line of said 3.567 acre tract, 558.42 feet to a point -for -corner ,being the southwest cornier of said 0.9903 acre tract, and being in the occupied east right of way line of Needle Point Road; THENCE, along the west line of the herein described tract being common with the occupied east right of way line of Needle Point Road the following two (2) courses and distances: 1. North 08°14'15" West, 36.86 fleet to a point for -corner; 2. North 11"48'00" West, 261.80 feet to a point -far -corner, being the northwest corner of said 1.9821 acre tract, and being in the south line of said remainder of 21.43 acre tract; THENCi;, North 87032?17" East, with the north line of the herein despribed tract being common with the south line of the remainder of a called 154,072 acre tract conveyed by Special Warranty Deed to Americus Page 1 of 2 k:\00280\00280-0001 00 Boundaryrvuy 186 Acre Baytown) Tract\15urveying Phase\CCMUD No, 3\Documents\CCMUD No. 3 Tractfwo M&B.dPCK Chambers County Chambers County School :.and League Municipal Utility District No. 3 Abstract No. 321 36.1733 Acres Holdings, LTD recorded in Document No. 2019-141206 OPRCC, 1554.66 feet to a point -for -corner, being the northeast corner ofsaid 32.10 acre tract, being common with the northwest corner of a called 41.7490 acre tract conveyed by Special Warranty Deed to Americus Holdings, LTD recorded in Document No. 2019 139029 OPRCC; THENCE, South 02°28'49" East, along the east line of sail 32.10 acre tract, being common With the west line of said 41.7490 acre tract, 1476.92 feet to a point -for -corner (Northing. 13,865,474,60, E astirig: 3,219,015.03) being the southeast corner of said 32.10 acre tract, being common with the southwest corner of said 41.7490 acre tract, and being in the north line of said 92.3102 acre tract; THENCE, South 87023'25'� West, along the north line of said 92,3102 acre tract, 950.40 feet to the POINT OF BEGINNING, CONTAINING 36.1733 acres, or 1,575,708 square feet of land in Chambers County, Texas, as shown on Drawing No.14085 in the office of Jones I Carter in Bellaire, Texas. T4is document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests Implied or established by the creation or recohfiguration of the .pgiit* al subdivision for Which it was prepared JonesICarter 6330 West Loop South, Suite 150 Bellaire, Texas 77401 (713) 777 5337 T&ws;Board of ftfi'ssionaCLandSru,myvt fgistration Xo. 10046100 ,.:..:. 531+7..,. 0 9_ a b %.. P SURVEY. Vough Steven Jares Professional Land Surveyor rtgr.com Page 2 of 2 K:\00280\00280-0001-OOBoUndarVStirVey 186 Acre Baytown Tract\1 Surveying Phase\CCMUD No. 3\Documents\CCMUD No. 3 Tract 'wo M&B.dooc EXHIBIT "A-V— w cry — N arxig' E ms• _ _----- —50Y:11J0•E Je IY p%r w'w.°�."•ww.e.. a..,. 1 -- _ s errlas• w ao�ra' rbetr w/ i 0 300 .00 a00 — — — — — — — — — I� ° :• war N arJY77' E 1091.N' N a7'JY'17' Ar 1Y.16J' �:p • BB � I .� mr� mrw .as I I I ca 1 1 TRACT ONE 187.1135 ACRES I S l50,665 SQ Fr 1 s a7x7YT W 147Q70' i N eTJY77' E 1550W, a s arJ277' w 5sa42' j N M7473• w `I JQM' TRACT TWO aw 36.1733 ACRES N i I-1,575,708 SQ Ff .. i �L" Mu..4 qwu 1,1K R •.u•.y. bf m'C .yy. nt i y I s 8rJ277' W 9419' w aoa. r BOUNDARY MAP . surz o rz..,s OF CHAMBERS COUNTY MUNICIPAL UTILITY �:..>� ..�+�. — ..".w�. DISTRICTNa3 CONTAINING 2232AS ACRES our OP THE CHAMBERS COUNTY SCHOOL LAND LEAGUE, A-32I CHAMBERS COUNTY, TEXAS FEBRUARY 2020 t "awrz',o raw ,yw.°:' w'oM4+r _C:: e."",..'..e.a`w• w�:aw«i.: aisti »:�"w'",.o :is.�w o,n .x:i¢T nss was .°M.o ,.vm,c ra. +.a m,cec ®J O N E S I C A R T E R OW@ Na I'm EXHIBIT "B" District Rate Order 21 EXHIBIT "C" City's Present Water Service Ordinance 22 4/13/2020 Baytown, TX Code of Ordinances ARTICLE III. - WATER SERVICE Footnotes: --- (2) --- Cross reference— Plumbing code, § 18-461 et seq.; water in mobile home parks, § 58-144. State Law reference— Authority of city to operate waterworks and set rates, V. T. C.A., Local Government Code § 402.017. Sec. 98-55. - Utility upgrade surcharge. (a) A monthly utility upgrade surcharge of $15.00 shall be assessed and collected by the utility billing division for each lot within the Bay Oaks Harbor Subdivision (Amended), Blocks 2 through 10 inclusive, which receives utility services from the city. Such surcharge shall be expended by the city for repairs to the water and wastewater systems within such subdivision in order to meet the state commission on environmental quality's standards. (b) A monthly utility upgrade surcharge of $200.00 shall be assessed and collected by the utility billing division for the commercial recreational vehicle park located in the Bay Oaks Harbor Subdivision (Amended), Block 1, Reserves A, B and C inclusive, which receives utility services from the city. Such surcharge shall be expended by the city for repairs to the wastewater system within such subdivision in order to meet the state commission on environmental quality's standards. (Ord. No. 10,865, § 1, 3-27-08; Ord. No. 10,998, § 1, 10-23-08) Sec. 98-56. - Deposits and refunds. (a) Application for service. Whenever a consumer desires to establish service with the utility billing division, he shall tender to such division, at least one day prior to the time he desires his premises to be connected with the water services, the proper deposit. (b) Amount of deposit. (1) A residential consumer occupying a single-family dwelling house shall be required to place on deposit the amount of $50.00 if he is the owner of the dwelling house; however, a residential consumer occupying a single-family dwelling house shall be required to place on deposit the amount of $200.00 if he is not the owner of the dwelling house. (2) Commercial water deposits shall be determined by the utility billing supervisor. This deposit is to be generally comparable to two months' water service of a commercial business similar to the applicant. (3) Deposits for apartment houses, mobile parks or other multifamily dwelling projects shall be determined by the utility billing supervisor, but shall not be less per unit than the deposit required of single-family dwelling units. (c) Increase of deposits. Deposits for commercial consumers, apartment houses, mobile parks or other multifamily projects may be increased from time to time if it is determined by the utility billing supervisor that additional deposits are necessary in order to ensure payment of charges for water service. The additional deposit shall be tendered to the utility billing division within 30 days after notice of the increase in the deposit. Section 98-61 shall apply if the additional deposit is not tendered within 30 days. 1/15 4/13/2020 Baytown, TX Code of Ordinances (d) Refunds. Deposits will be refunded upon termination of service, provided the consumer has fully satisfied a due the city. (e) Form of deposits. (1) Deposits of less than $500.00 shall be cash deposits in the form of cash, check or money order. (2) Deposits of $500.00 or more for commercial consumers, apartment houses, mobile home parks or other multifamily dwelling projects shall be by: a. Cash; b. Irrevocable bank letter of credit, provided that the irrevocable bank letter of credit shall be: 1. Drawn on an FDIC -insured bank located within Harris County or Chambers County, and 2. For a period of not less than one year; or c. An assignment of security, provided that any security pledged shall be: 1. Approved by the utility billing manager, and 2. Placed in an FDIC -insured bank located within Harris County or Chambers County; or d. A bond, provided that the bond shall be: 1. Issued by a surety licensed to do business in the state, 2. Ina form approved by the city attorney, and 3. For a term of not less than one year. Deposits in any form allowed herein shall be maintained throughout the period during which the city provides utility service. As such, any deposit that is to expire prior to the termination of utility service shall be renewed prior to its expiration and proof of such renewal must be submitted to the city's utility billing manager. The remedies for nonpayment of utility bills specified in section 98-61 shall apply if a deposit is not renewed prior to its expiration. (Code 1967, § 31-54; Ord. No. 943, § 1, 11-7-68; Ord. No. 1479, § 1, 9-27-73; Ord. No. 2328, § 1, 10-13-77; Ord. No. 2738, § 1, 9-27-79; Ord. No. 3054, § 1, 1-8-81; Ord. No. 4948, § 1, 3-24-88; Ord. No. 6005, § 1, 9-26-91; Ord. No. 8141, § 1, 11-25- 97; Ord. No. 10,623, § 1, 6-12-07; Ord. No. 10,623, § 1, 6-12-07; Ord. No. 11,646, § 1, 5-26-11) Sec. 98-57. - Tapping fees. (a) The following fees shall be assessed and collected by the utility billing division for water taps inside the city limits: (1) Three -fourths -inch water tap ..... $900.00 (2) One -inch water tap ..... $1,000.00 (b) The following fees shall be assessed and collected by the utility billing division for water taps outside the city limits: (1) Three -fourths -inch water tap ..... $1,100.00 (2) One -inch water tap ..... $1,200.00 (c) All other taps and other special water connections shall be made at actual cost, as determined by the utility billing manager, with the consultation of the director of utilities. (d) If a person pays for a water tap and fails to have the tap made within one year from the date such tap fee 2/15 4/13/2020 Baytown, TX Code of Ordinances is paid, the city shall not allow the water tap to be made unless the person requesting the tap pays such additional amount necessary to increase the original payment to the current cost of a water tap. (Code 1967, § 31-55; Ord. No. 943, § 1, 11-7-68; Ord. No. 1752, §§ 1, 2, 2-27-75; Ord. No. 2328, § 1, 10-13-77; Ord. No. 2738, § 1, 9-27-79; Ord. No. 2974, § 1, 9-25-80; Ord. No. 3628, § 1, 5-26-83; Ord. No. 9226, § 1, 9-13-01; Ord. No. 9831, § 1, 7-8-04; Ord. No. 11,308, § 2, 2-25-10; Ord. No. 13,361 . § 1, 11-21-16) Sec. 98-58. - Service charge for turn on. If the city turns on a customer's water service at the request of the customer, the customer will be charged a service charge of $30.00. If the customer requests their existing service to be transferred, the fee will be $25.00. If an additional trip(s) is required to connect service, a $10.00 additional trip fee will be assessed per trip. (Code 1967, § 31-55.1; Ord. No. 2738, § 2, 9-27-79; Ord. No. 6005, § 5, 9-26-91; Ord. No. 11,308, § 3, 2-25-10) Sec. 98-59. - Rates. (a) Rate schedules. The following are the rate schedules for water service: Water Service —Rate Schedule Individually Metered Single -Family Residential Base Facir y Charge : Inside City Outside City $7.53 $15.05 Per dwelling unit Customer Charge: Per bill issued $3.62 $7.24 Gallonage Charge (Per Thousand Gallons): Up to 2,000 gallons per unit $2.57 $3.86 Over 2,000-6,000 gallons per unit $5.60 $8.39 Over 6,000-12,000 gallons per unit $6.71 $10.09 Over 12,000-18,000 gallons per unit $8.74 $13.10 Use over 18,000 gallons per unit $11.36 $17.04 Water Service —Rate Schedule Multifamily Residential Master Meter Service Base Facility Charge: Per dwelling unit Inside City. Outside City $7.53 $15.05 Customer Charge: Per bill issued $3.62 $7.24 Gallonage Charge (Per Thousand Gallons)_ Up to 2,000 gallons per unit $2.60 $3.91 Over 2,000 gallons per unit $5.63 $8.45 3/15 4/13/2020 Baytown, TX Code of Ordinances i- ;Unit = Constructed, regardless of whether occupied. Water Service -Rate Schedule Nonresidential Service In -side Ci y Outside City Base F cili y Charge Per meter by meter size 5/8 " X 3/4" $7.53 $15.05 /a" $11.31 $22.59 ill $18.83 $37.67 1 Yz" $37.67 $75.32 " $60.26 $120.51 " $120.51 $241.02 " $188.31 $376.60 6" $376.60 $753.21 8" $602.56 $1,205.13 10" $866.20 $1,732.37 Customer Charge Per bill issued $3.62 $7.24 Gallon ggCharge(Per Thousand Gallons): II use $5.60 $8.39 Water Service -Rate Schedule High -Volume User Service Base Facility Charge: --- ... ........ __. Per meter by meter size 5/8 " X 3/a" $7.53 /4" $11.31 1 $18.83 11h" $37.67 2" $60.26 11 $120.51 " $188.31 6" $376.60 8" $602.56 10" _ Customer Charge Per bill issued $866.20 $3.62 Gallonage Charge (Per Thousand Gallons)i II use 1$4.13 4/15 4/13/2020 Baytown, TX Code of Ordinances Water Service -Rate Schedule Metered Irrigation Service Inside City Outside City. Base Facili y Charge Per meter by meter size 5/8 " x 3/a" $7.53 $15.05 a" $11.31 $22.59 1" $18.83 $37.67 11/2" $37.67 $75.32 2" $60.26 $120.51 " $120.51 $241.02 " $188.31 $376.60 6" $376.60 $753.21 " $602.56 $1,205.13 10" $866.20 $1,732.37 Customer CbArgC Per bill issued $3.62 $7.24 Ga on ge Charge (Per Thousand Gallons): 5/8" x 3/4" Meter Up to 6,000 gallons $5.60 $8.39 Over 6,000-12,000 gallons $6.71 $10.09 Over 12,000-18,000 gallons $8.74 $13.10 Over 18,000 gallons $11.36 $17.04 /4" Meter Up to 9,000 gallons $5.60 $8.39 Over 9,000-18,000 gallons $6.71 $10.09 Over 18,000-27,000 gallons $8.74 $13.10 Over 27,000 gallons $11.36 $17.04 1" Meter Up to 15,000 gallons $5.60 $8.39 Over 15,000-30,000 gallons $6.71 $10.09 Over 30,000-45,000 gallons $8.74 $13.10 Over 45,000 gallons $11.36 $17.04 11/2" Meter Up to 30,000 gallons $5.60 $8.39 Over 30,000-60,000 gallons $6.71 $10.09 Over 60,000-90,000 gallons $8.74 $13.10 Over 90,000 gallons $11.36 $17.04 2" Meter $5.60 $8.39 Up to 48,000 gallons Over 48,000-96,000 gallons $6.71 $10.09 Over 96,000-144,000 gallons $8.74 $13.10 Over 144,000 gallons $11.36 $17.04 5/15 4/1�/2020 Baytown, TX Code of Ordinances '3" Meter Up to 96,000 gallons $5.60 $8.39 Over 96,000-192,000 gallons $6.71 $10.09 Over 192,000-288,000 gallons $8.74 $13.10 Over 288,000 gallons $11.36 $17.04 " Meter Up to 150,000 gallons $5.60 $8.39 Over 150,000-300,000 gallons $6.71 $10.09 Over 300,000-450,000 gallons $8.74 $13.10 Over 450,000 gallons $11.36 $17.04 6" Meter Up to 300,000 gallons $5.60 $8.39 Over 300,000-600,000 gallons $6.71 $10.09 Over 600,000-900,000 gallons $8.74 $13.10 Over 900,000 gallons $11.36 $17.04 8" Meter Up to 480,000 gallons $5.60 $8.39 Over 480,000-960,000 gallons $6.71 $10.09 Over 960,000-1,440,000 gallons $8.74 $13.10 Over 1,440,000 gallons $11.36 $17.04 10" Meter Up to 690,000 gallons $5.60 $8.39 Over 690,000-1,380,000 gallons $6.71 $10.09 Over 1,380,000-2,070,000 gallons $8.74 $13.10 Over 2,070,000 gallons 1$11.36 $17.04 (b) Residential dwelling units. (1) Individually metered units. Each residential dwelling unit individually metered and billed for the consumption of water shall be charged for and owe each month a water service charge based upon the amount of water consumed, as determined by the meter reading, applied to the rate schedule in subsection (a) of this section for individually metered single-family residential. (2) Jointly metered unit. The monthly water service charge for multifamily dwelling unit projects, with units not individually metered for water, shall be determined as follows: a. The total monthly water consumption for the project will be divided by the number of units in the project served by the meter; b. The per -unit water consumption will determine the applicable charge for each unit based upon the rate schedule in subsection (a) of this section for multifamily residential master meter service; and c. The applicable water service charge for each unit will be multiplied by the number of units in the project served by the meter to determine the monthly water service charge for the entire project. (c) Manufactured home parks. The monthly water service charge for manufactured home parks shall be 6/15 4/13/2020 Baytown, TX Code of Ordinances determined as follows: (1) The total water consumption for the project will be divided by the actual number of rental spaces served to determine the per unit water consumption; (2) The per unit water consumption will determine the applicable water service charge for each space based upon the rate schedule in subsection (a) of this section for multifamily residential master meter service; and (3) The applicable charge for each space will be multiplied by the number of spaces in the project served by the meter to determine the monthly water service charge for the project. (d) Commercial units. (1) Individually metered units. Each commercial unit individually metered for the consumption of water shall be charged a monthly water service charge based the meter size and upon the amount of water consumed, as determined by the meter reading, applied to the rate schedule in subsection (a) of this section for nonresidential service. (2) jointly metered units. The monthly water service charge for multiunit commercial projects, with units not individually metered for water, shall be based on the meter size, and the amount of water consumed, as determined by the meter reading, applied to the rate schedule in subsection (a) of this section for nonresidential service. (e) Combinations of residential dwelling units and commercial units. The applicable monthly water service charge for a complex containing a combination of dwelling units and commercial units, with units not individually metered for water, shall be shall be based on the meter size, and the amount of water consumed, as determined by the meter reading, applied to the rate schedule in subsection (a) of this section for nonresidential service. (f) Service for property outside the city. A person outside the city limits and authorized by the director of utilities to receive water service shall pay in accordance with subsection (a) of this section for the applicable service or any other amount as may be established and approved in writing by the city council pursuant to a water supply agreement. (g) Volume users. A user of water that: (1) Either: a. Is located within the corporate limits who qualifies for tax abatement under the city's tax abatement policy; or b. Is located within an established industrial district and has in effect an industrial district agreement with the city; and (2) Uses a minimum of 400,000 gallons of water per day, shall be billed a customer charge, a base charge based on meter size, and the amount of water consumed, as determined by the meter reading, applied to the rate schedule in subsection (a) of this section for high -volume user service. The minimum usage shall be determined by dividing the total consumption during the billing period by the number of days in the billing period to determine the daily usage. Any user or customer who does not pay the amount due by the due date indicated on his statement shall be charged a late charge, as provided in section 98-61. (h) Recreational vehicle parks. The monthly water service charge for recreational vehicle parks shall be determined in accordance with subsection (d)(1) of this section as if it were a commercial unit individually 7/15 4/13/2020 Baytown, TX Code of Ordinances metered. (Code 1967, § 31-56; Ord. No. 943, § 3, 11-7-68; Ord. No. 1015, § 1, 2-12-70; Ord. No. 1351, §§ 1, 2, 1-25-73; Ord. No. 2328, § 1, 10-13-77; Ord. No. 2426, § 1, 3-9-78; Ord. No. 2738, § 1, 9-27-79; Ord. No. 3054, § 1, 1-8-81; Ord. No. 3120, § 1, 4-9-81; Ord. No. 4548, § 1, 9-25-86; Ord. No. 5101, § 1, 9-22-88; Ord. No. 5645, § 1, 9-27-90; Ord. No. 6006, § 1, 9-26-91; Ord. No. 6349, § 1, 9-24-92; Ord. No. 6427, § 1, 11-12-92; Ord. No. 6777, § 1, 9-23-93; Ord. No. 6836, § 1, 10-10-93; Ord. No. 7097, § 1, 9-22-94; Ord. No. 7392, § 1, 9-14-95; Ord. No. 7622, § 1, 2-8-96; Ord. No. 8061, § 1, 9-11-97; Ord. No. 8151, § 9, 12-16-97; Ord. No. 8677, §§ 1, 2, 9-9-99; Ord. No. 9225, §§ 1, 2, 9-13-01; Ord. No. 9379, §§ 1, 2, 7-11-02; Ord. No. 9416, §§ 1, 2, 9-12-02; Ord. No. 9629, §§ 1, 2, 9-25-03; Ord. No. 9854, § 2, 8-26-04; Ord. No. 9869, §§ 1-3, 9-9-04; Ord. No. 10,158, §§ 1, 2, 9-27-05; Ord. No. 10,403, §§ 1, 2, 9-14-06; Ord. No. 10,704, §§ 1, 2, 9-13-07; Ord. No. 10,962, §§ 1, 2, 9- 22-08; Ord. No. 11,308, § 4, 2-25-10; Ord. No. 11,494, § 1, 11-11-10; Ord. No. 11,717, § 1, 9-8-11; Ord. No. 12,331, § 1, 9- 12-13; Ord. No. 12,624, § 1, 8-28-14) Sec. 98-60. - Flat -rate service prohibited, separate metering required. (a) No connections for flat -rate water service shall be allowed by the city waterworks system. (b) Every single-family dwelling house constructed in the city shall be separately metered for water service. This subsection shall apply to the remodeling or altering of any existing house, garage or other building where an additional family dwelling is to be added or where the cost of such remodeling or alteration exceeds 50 percent of the original cost of such house or building. (c) Each multi -unit residential establishment and each commercial establishment shall be either: (1) Individually metered for water service; or (2) Jointly metered for water service if the utility account is opened by and remains in the name of the owner of the property on which such establishment is located. All meters for multi -unit residential establishments and commercial establishments must be installed at the road right-of-way line or in a dedicated public utility easement. (d) If a multi -unit residential establishment or a commercial establishment is connected to the city system in a manner other than as prescribed in subsection (c) on October 29, 2009, the city, when it becomes aware of such condition, shall send notice by certified mail to the last known address of the owner of the property as recorded in the appraisal records of the appraisal district in which the property is located and, if known based upon a search of the city's utility records, to the tenant at the address listed on the city's utility records. A notice which the United States Postal Service returns as "refused" or "unclaimed" shall not affect the validity of the notice; and the notice shall be considered delivered seven days after mailing the same. Such notice shall be sufficient if it generally describes and gives notice that the establishment is connected in violation of this section and advises that violation must be corrected within 365 days after receipt of such notice. If new service or a change in service is requested during such 365- day period, compliance with subsection (c) shall be required in order to reestablish water service. (e) Any person who shall violate this section shall, upon conviction, be punished as provided in section 1-14. (Code 1967, § 31-57; Ord. No. 943, § 4, 11-7-68; Ord. No. 2328, § 1, 10-13-77; Ord. No. 11,224, § 1, 10-19-09; Ord. No. 14,327 § 6, 2-13-20) Sec. 98-61. - Billing; payment; late charge; discontinuance of service. 8/15 4/13/2020 Baytown, TX Code of Ordinances (a) Water meters shall be read monthly and each customer shall be billed monthly. Each water bill shall have a precalculated and stated due date, which shall be approximately 14 days from the day the bill is to be maile account is not paid by the due date, the customer shall be charged a late charge in the amount of ten perce amount of the water charge, which shall be shown as the gross amount on the bill. If the gross amount is nc within 12 days after the indicated due and payable date, the city reserves the right to terminate water servic provided in subsection 98-62(i) and shall not restore service until the charges are paid, including reconnect (b) The provisions of subsection (a) of this section pertaining to a late charge of ten percent for the late payment of water bills shall not apply to political subdivisions organized under state law or to official public agencies or either the federal or state government. (Code 1967, § 31-58; Ord. No. 1015, § 1, 2-12-70; Ord. No. 1081, § 1, 3-25-71; Ord. No. 2328, § 1, 10-13-77; Ord. No. 4459, § 1, 5-22-86) Sec. 98-62. - Procedures and remedies for nonpayment of bills. (a) If any person shall permit any waste or use of water contrary to law, the city reserves the right to cutoff and discontinue water service until all past due charges have been paid and any required deposit has been made and further until any and all objectionable conditions pertaining to the waste or use of water have been corrected to the satisfaction of the director of finance. (b) If the water meter has been turned off for nonpayment of charges for water services and it is turned on again by anyone other than authorized personnel a $35.00 broken lock fee will be assessed. If it becomes necessary to pull the meter, an additional $65.00 pull meter fee will be added to the account. If when, in the opinion of the utility billing manager, the turning off of the water at the curb stop or removal of the meter or the locking of the curb stop is not sufficient protection for the city against the use of water, waste or misuse of water, the utility billing manager may cause the water to be cut off and the service line to be cut and plugged. If the meter technicians have to pull an illegal "straight line," the police will be called and a $185.00 pull straight line fee assessed. Upon a reapplication for water service all applicable fees and unauthorized consumption must be paid. (c) If the water meter has been turned off for nonpayment of charges for water or sanitary sewer services and the customer has complied with the requirements of the city and is entitled to have the water turned on again, the following reconnection charges will be made, as applicable: (1) If the service is to be reconnected at the customer's request between the hours of 8:00 a.m. and 5:00 p.m. of any weekday from Monday through Friday, except holidays authorized by the city council for city employees, there is no additional charge; or (2) If the customer requests that service be reconnected at any other time than that stated in subsection (c)(1) of this section, the charge will be $50.00. (d) If any person gives the city a check for the payment of water services that is not honored by the drawee bank for any reason or an automatic bank withdrawal is returned unpaid, the city reserves the right to cut off and discontinue water service until all charges due have been paid, including, but not limited to, the processing fee established in section 2-619 of this Code. (e) If any person damages or destroys any city property used for measuring or distributing water, the director of finance shall collect from such person a sum equal to such destroyed or damaged property, but not less than $10.00. A $35.00 service charge will also be assessed to make the needed repairs. 9/15 4/13/2020 Baytown, TX Code of Ordinances (f) Customers may request their meters be reread once a year at no charge. Subsequent requests will be asseE $10.00 reread meter fee, if the reading is accurate. If the reading is incorrect, no fee will be assessed and th will be adjusted to reflect the correct reading. If any person requests that his water meter be tested, the city billing division shall test the meter. If the meter test shows that the meter registers more water than actuall consumed, the last bill shall be corrected according to the test result, and the meter shall be repaired or rer the meter test shows that the meter correctly registers or registers less water than actually consumed, the c shall be charged a meter test fee. The meter test fee for five -eighths -inch and one -inch meters is $25.00. ME for meters larger than one inch will be billed actual cost. (g) Any or all of the charges and fees provided by this section maybe included in the regular or special billing of the city utility billing division and shall be in addition to all other charges or fees provided by this article. (h) It shall be unlawful for any person to hinder or interfere with any utility billing division employee or agent who is delivering water termination notices pursuant to subsection (i)(2) of this section. It shall further be unlawful for any person, other than an occupant of the premises to which notice is delivered, to remove a water termination notice delivered by the utility billing division from any premises to which the utility billing division delivered that notice. (i) Nonemergency termination. (1) Generally. Whenever the city is authorized to terminate a customer's water services against that customer's consent and under this section or whenever the city otherwise terminates water services to a customer in a nonemergency situation other than by the customer's request, the city shall first provide notice in the form and manner described in this subsection to the customer and shall afford the customer an opportunity for a hearing in the form and manner described in this subsection before the termination of the services. If, after the city has complied with the notice requirements as described in this subsection, the customer does not request a hearing for review of the termination within the specified time, the city may terminate water services to the customer on the day and at the time specified in the notice to the customer or within five calendar days thereafter. Any time elapsing after the declared termination date, the elapsing of which is due to the pendency of a hearing or the extension of time granted pursuant to a hearing, shall not be considered when calculating the five days in which the city may terminate water after a declared termination date. (2) Notice. Notice must be sent to a water customer at least eight days prior to the proposed termination date of the services to that customer if notice is sent by mail, or at least five days prior to termination if notice is delivered by the utility billing division. The notice may be incorporated into the customer's monthly bill, sent by certified letter, or hand delivered to the customer by a utility billing division employee or other person designated by the city to deliver such notices. The notice must be written and clearly communicate the following information: a. The name of the customer whose service is proposed to be terminated; b. The address where service is proposed to be terminated; c. The reason for the proposed termination, including the amount of delinquency, if nonpayment of charges is the reason for termination; d. The day and time on which the water service will be terminated, unless conditions bringing 10/15 4/13/2020 Baytown, TX Code of Ordinances about the termination are sooner remedied; e. The customer has the right to appear and be heard at a hearing to contest the proposed termination prior to the date of termination; f. The means by which the customer may arrange for such a hearing; and g. The date by which the customer must request and set the hearing in order to receive it, which deadline may be no earlier than one day prior to the termination date, nor may that deadline ever be sooner than five days from the date of sending the notice, the five days not including weekdays on which city offices are closed or holidays. (3) Affidavit of failure to receive notice. After the deadline for requesting a hearing, as described in subsection (i)(2)g of this section, has passed, a customer may still request a hearing to review the decision to terminate the customer's water service within ten days of the deadline upon presentation to the city manager of an affidavit declaring that the customer, through no fault of that customer, did not receive notice of termination in time to act upon the notice. When a hearing pursuant to this subsection is requested, the city manager shall as soon as practicable make a determination of whether the appeal appears to be meritorious, and if the city manager finds it is meritorious the city manager shall order the continuation or restoration of services pending the appeal. If the hearing officer finds in favor of the customer, the hearing officer may order restoration of service. (4) Notice to tenants. If the customer to whom water service is proposed to be terminated is a landlord who supplies water services to tenant water users, the city shall attempt to give notice to the tenant water users pursuant to subsection (i)(2) of this section. (5) Hearing. If any customer requests a hearing to review the decision to terminate that customer's water services, the hearing shall be presided over by the city manager or any fair and neutral person he may appoint, which person must be of managerial employment and not involved in the original decision to terminate services, in this context known as the hearing officer. The hearing shall be held no sooner than the next business day or later than 15 business days after being requested by the customer. The hearing officer may in his discretion delay or advance the hearing time upon showing of good cause by the customer. At the hearing the customer shall be given the opportunity to be heard in person to present the customer's case, to present testimony from other persons and to admit documents. The customer may be represented by counsel, though the city shall not provide counsel to the customer. The customer shall be given the opportunity to confront and cross examine any witnesses appearing against him at the hearing. The customer may request that a representative of the utility billing division be present at the hearing and be subject to questioning. However, the rules of evidence or procedure for civil or criminal trials need not be enforced. The city's reasons for terminating the customer's water service shall be stated at the hearing. Upon reaching a final decision, the hearing officer shall state his reasons for reaching that decision and shall state the evidence on which the hearing officer relied in reaching those conclusions. If the hearing officer finds in favor of the customer, the customer's water service shall continue. If the hearing officer finds against the customer, the customer's water service shall be terminated. The hearing officer shall have the power to grant extensions, modify billings and fashion other reliefs as would be equitable. Q) When the water meter has been turned off for nonpayment of charges for water service, sanitary sewer 11/15 4/13/2020 Baytown, TX Code of Ordinances service, garbage collection service or if the water meter has been turned off for payment of utility services with a check that is not honored by the drawee bank for any reason, a cutoff fee will be charged in the amount of $35.00. Nonresidential customers whose doors are tagged prior to disconnection will be assessed a $25.00 tag door fee. When it is necessary to tag tenant's doors of a multifamily residential development prior to disconnection, a $100.00 tag apartments fee will be imposed. (Code 1967, § 31-59; Ord. No. 943, § 6, 11-7-68; Ord. No. 1015, § 1, 2-12-70; Ord. No. 2328, § 1, 10-13-77; Ord. No. 3628, § 3, 5-26-83; Ord. No. 3966, § 1, 10-11-84; Ord. No. 4458, § 1, 5-22-86; Ord. No. 6005, §§ 2, 3, 9-26-91; Ord. No. 10,366, § 3, 7-26-06; Ord. No. 10,366, § 3, 7-27-06; Ord. No. 11,308, § 5, 2-25-10) Sec. 98-63. - Metering water bypassing sewer system. (a) Any commercial, industrial, multiunit, public utility or public school owning or having control of property on which there is located one or more facilities requiring water and such water provided to any one or more of such facilities is not discharged into the city sanitary sewer system may, at the owner's own expense, have installed by the city a water meter of a type and design and at a location approved by the director of utilities. (b) Any facility that does not discharge into the city's sewer system when the water is furnished by the city's water system shall be metered by a city water meter connected to a separate service line from the city water main and located in the utility easement, upon the making of application therefor by the owner of such property and making the required deposits and paying the cost of meter installation and tap fees provided for by this article. Such meter shall be read by the city's meter readers and will be subject to the established water rates and charges of the city the same as any other metered water connection to a city main. (c) No person shall be allowed to disconnect a water meter that meters a facility not discharging into the city's sanitary sewer system as stated in this section and then reconnect such meter to the city's water system within a 12-month period. (d) Any person representing to the city that the facility for which a meter is installed, under this section, does not discharge waste into the city's sanitary sewer system when in fact it does or any person having facilities for which such a meter is installed who subsequently connects such facility to the city's sanitary sewer system without notifying the director of utilities shall be punishable as provided in section 1-14. (Code 1967, § 31-61; Ord. No. 3317, § 1, 2-11-82) Sec. 98-64. - Study to determine charge when portion of water bypasses sewer. (a) This section shall apply to those water users stated in section 98-63 who have facilities connected to the city sanitary sewer system and who make application to the director of utilities under this section. (b) Any water user owning or having control of property on which there is located one or more facilities requiring water and such water provided to any such facility is not discharged into the city sanitary sewer system may make application to the director of utilities requesting that a study of the applicant's property and facilities be made for the purpose stated in this section and paying the fee required in this section. (c) Requests for service under this section shall be made to the director of utilities. The applicant shall furnish all the information and other matters requested therein. The fee for making any study under this 12/15 4/13/2020 Baytown, TX Code of Ordinances section shall be $35.00. No fee shall be required for studies initiated by the director of utilities subsequent to the first application. The fee is to reimburse the city for the expense of making the study. Each applicant shall agree, as a condition precedent to the director of utilities conducting the study and tests provided for in this section, including those initiated by the director of utilities, to indemnify and hold harmless the city from any and all such liability for any act or omission by the city, its agents and employees committed while conducting the studies and tests, causing or resulting in damages to the property or person of the applicant, his agents, employees and invitees. (d) Upon receipt of a request and the fee required in this section, the director of utilities will, as soon as possible, make a study of the applicant's property and facilities. When, in the opinion of the director of utilities, based upon a study of the property and facilities of the applicant, it is impractical or unfeasible for the applicant to install one or more meters to measure the amount of water passing through the water meter serving such property and not being discharged into the city sanitary sewers, the director of utilities is authorized to deny such request. (e) The director of utilities is authorized, at his discretion or on written request from an applicant, to make such additional studies from time to time of any such property and facilities to check the current accuracy of the filed study on any such property, and a new study based upon the latest available data shall be filed with the director of utilities to replace the prior one. No change in the basis of computing the sewer service charge for any property will be made until the first billing date after the filing by the director of utilities of the first or any subsequent report. Requests by an applicant for a restudy under this subsection will not be accepted or acted on more often than once in every 12-month period (annually) subsequent to the filing of the first report on the applicant's property. (f) If 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 temporarily moved in order to facilitate the making of an engineering study or test under this section, all of such shall be done by and at the expense of the applicant. (Code 1967, § 31-62; Ord. No. 3317, § 1, 2-11-82) Sec. 98-65. - Liens. (a) Water. Liens for unpaid water charges shall be filed according to the following: (1) After the city has terminated a customer's water pursuant to subsection 98-62(i) or after the city terminates water service at the customer's request, the supervisor of the utility billing division shall file a lien on the property served by the terminated water service and in the amount the customer whose service was terminated owed to the city for water service at the time of the termination of services. (2) If a property receives water services illegally, without having an account with the city utility billing division, the supervisor of the utility billing division shall file a lien against that property in the amount of the proper charge for the water actually used or, if there is no way of determining the amount of water used, in the amount of the minimum monthly water charge that would have been charged to that property had a legitimate account been opened, multiplied by the number of months during which that property illegally received such water services. (b) Garbage collection. Liens for unpaid garbage collection service shall be filed as follows: 13/15 4/13/2020 Baytown, TX Code of Ordinances (1) After the city has terminated a customer's water service pursuant to subsection 98-59(i) or after the cit water service or garbage service at the customer's request or after a customer without water service b than $50.00 delinquent for garbage service alone, the supervisor of the utility billing division shall file property serviced by garbage collection service and in the amount the customer whose service was ter to the city for garbage collection service at the time of the termination of services. (2) If a property receives garbage collection services illegally, without having an account with the city utility billing division, the supervisor of the utility billing division shall file a lien against that property in the amount of the minimum monthly garbage collection charge that would have been charged to that property had a legitimate account been opened, multiplied by the number of months during which that property illegally received such garbage collection services. (c) Sewer service. Liens for unpaid sewer service shall be filed as follows: (1) After the city has terminated a customer's water service pursuant to subsection 98-62(i) or after the city terminates water service or sewer service at the customer's request or after a customer without water service becomes more than $50.00 delinquent in payment for sewer charges alone to the city, the supervisor of the utility billing division shall file a lien on the property served by the water service and in the amount the customer whose service was terminated owed to the city for sewer service at the time of the termination of services or the accumulation of the delinquency in payment for sewer services. (2) If a property receives sewer services illegally, without having an account with the city utility billing division, the supervisor of the utility billing division shall file a lien against that property in the amount of the minimum monthly sewer charge that would be have been charged to that property had a legitimate account been opened, multiplied by the number of months during which that property illegally received such sewer services. (d) Exemptions. No lien for water charges, garbage collection charges, or sewer charges shall be placed on a property if: (1) A customer owes less than $50.00 for the aggregate sum of water charges, garbage collection charges and sewer charges; (2) The customer is not delinquent in payment for water charges, garbage collection charges, or sewer charges; (3) The city knows the property to be a homestead as defined by the state constitution; or (4) The city knows the property to be a single-family dwelling house and the delinquent water charges, garbage collection charges, or sewer charges to be for services provided to a residential consumer who is not the owner of the property. (e) Filing procedures. Any lien authorized by this section shall be filed with the county clerk or with the county clerk of the county in which the property to which the lien will be attached is located. The city shall then have a privileged lien on as many lots or pieces of property as the terminated services previously served and are described on the lien instrument by metes and bounds or by city lot and block description or by any other adequate description. The lien shall secure the charges made by the city for the services rendered to that property. Such a lien shall be filed pursuant to the authority granted in Vernon's Ann. Civ. St. art. 1175, § 11; V.T.C.A., Local Government Code §§ 51.072 and 402.017; and state constitution article XI, section 5. The lien shall bear interest at a rate of ten percent per annum. The supervisor of the 14/15 4/13/2020 Baytown, TX Code of Ordinances utility billing division shall add to any lien filed pursuant to this section that amount of the filing fee charged by the county clerk for filing that lien. The lien shall be effective against that property if the account holder or user of services at that property was either the owner of that property, a tenant of that property or a permissive holder of that property or an adverse possessor of that property. For any charges for which the lien authorized by this section is designed to secure, suit may be instituted and recovery in the foreclosure of that lien may be had in the name of the city. The city attorney is authorized to file such suits in a state court of competent jurisdiction. (f) Notice and hearing. After the filing of a lien pursuant to this section, the supervisor of the utility billing division shall within 30 days of the filing of that lien give the owner of that property and the account holder notice that such a lien has been filed on that property and shall inform the owner and account holder of their rights of appeal. Within 30 days of the postmark of the notice sent to the property owner or account holder, the property owner or account holder may appeal the decision to impose the lien on that property to the city manager or any fair and impartial person whom the city manager may designate. The city manager shall authorize the release of the lien if the property owner or account holder shows that no bill for the services to this property encumbered by the lien is owing or if the property owner shows that the encumbered property is and at all times, from the hour of filing of the lien until the time of the appeal, has been a homestead as defined by the state constitution. The city manager may modify or release the lien to reflect the true amount of delinquency in payment for services to the property if the owner or account holder demonstrates that a lesser bill is owing than the lien alleged or if the supervisor of the utility billing division cannot show that all the lien alleged is owing. The person last listed on the tax records of the county in which the property is located as being the owner of any given piece of property shall be presumed to be the owner for purposes of this subsection, and the address listed for the owner on the tax records shall be presumed to be the address of the owner. (g) Reconnection of services. No water, garbage or sewer services shall be provided to property encumbered by a lien filed pursuant to this section, except as otherwise required by V.T.C.A., Local Government Code § 552.0025. Notwithstanding this prohibition, the supervisor of the utility billing division shall be authorized to reconnect water, garbage and wastewater services if the customer agrees in writing to pay the accrued water and wastewater charges for such property in accordance with a payment schedule acceptable to the supervisor of the utility billing division and the customer also agrees to pay all current and future water and wastewater charges as they come due. (h) Re/ease. Whenever a person pays all principal, interest and the filing fee of alien validly filed pursuant to this section, the supervisor of the utility billing division shall execute a release of that lien and surrender it to the paying party. The release shall be prepared and approved as to form by the city attorney and shall be duly notarized. The city shall not be responsible for filing that release. (i) Effect of section. This section is cumulative of any other remedies, methods of collection or security available to the city under the Charter and city ordinances or under state law. (Code 1967, § 31-63; Ord. No. 6005, § 4, 9-26-91; Ord. No. 11,624, § 1, 4-14-11; Ord. No. 11,646, §§ 2-4, 5-26-11; Ord. No. 11,893, § 1, 3-8-12) Secs. 98-66-98-89, - Reserved. 15/15 EXHIBIT "D" Amendatory Contract between the City of Houston and the San Jacinto River Authority 23 AMENDATORY CONTRACT BETWEEN SAN JACINTO RIVER AUTHORITY AND THE CITY OF HOUSTON, TEXAS THE STATE OF TEXAS X COUNTY OF HARRIS X THIS CONTRACT executed as of the,;; -;,..(day of17 1976, by and between the SAN JACINTO RIVER AUTHORITY, ("SJRA") a conservation and reclamation district and political subdivision of the State of Texas, and the CITY OF HOUSTON, TEXAS, ("the City" a municipal corporation: 1. The provisions of Section VII of the contract between the parties dated March 27, 1944, shall have no application to sales of Trinity River raw water by the City to the Baytown Area Water Authority ("BAWA"), a municipal corporation created by Ch. 600, p. 641, Sixty -Third legislature, Regular Session, 1973, for the limited purpose of treating and selling the same as potable treate water to the City of Baytown and other local governmental entities for distribution through the municipal water systems of such local governmental entities, such water to be used for municipal purpose as defined by Rule 129.01.15001-.041, promulgated by the Texas Water Rights Commission on December 1, 1975, and for no other pur- poses, and only within the boundaries of BAWA as such boundaries exist on the date of this contract; PROVIDED, that no such water shall be sold, distributed or used other than for residential household and other strictly domestic purposes within the area bounded by Interstate Highway No. 10 on the north, Siolan der Road the part of BAWA to observe the limitations and restrictions imposed on the City by the contract dated March 27, 1944, as modified by this contract, and to include covenants in all sales and contracts for the sale of water by BAWA insuring compliance with such restrictions and limitations. The word• ing of the covenants giving effect to such restrictions and limitations shall be submitted to the General Manager of the SJRA for approval as to conformity to this paragraph prior tc any sale by the City subject to this contract. The City shal be responsible for the enforcement of such covenants, but the shall also be enforceable by SJRA directly. 3. In the event any water delivered by the City to BAWA under this contract is used in violation of such restrictions or limitations, SJRA shall be entitled to recover from the City as liquidated damages an amount equal to seventy-five percent (75%) of the consideration or revenue received by the City for the estimated amount distributed, sold or used in violation of such restrictions or limitations, plus all liti- gation expenses and reasonable attorney's fees. The recovery of such liquidated damages shall be in addition to all other remedies available to SJRA. 4. In consideration of the foregoing limited waiver by SJRA of the restrictions and limitations imposed by the contract dated March 27, 1944, the City shall pay to the SJRA an amount equal to $50 per day during such period that the rity rprPivPc navmant from BAWA for water sold under this A The contract shall not be assignable by either party without the written consent of the other; however the obligatio imposed hereunder shall be binding on their successors or assig: The waiver provided herein shall be applicable only to sales by the City to BAWA and shall not be applicable to any sale by the City to any other entity, including any successors or assigi entity to BAWA, without the written consent of SJRA. 22 Except as amended by this contract and the contracts between the parties dated July 19, 1955, May 9, 1968 and the contract dated September 1, 1971, the provisions of the March 27, 1944, contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto, acting under the authority of their respective governing bodies have caused this contract to be executed on this >, day of 15 in duplicate originals, each of which shall constitute an origin ATTEST: By /YcttsE f5d: e.14' Secretary SAN JACINTO RIVER AUTHORITY By &1-1— '- z - /Al Vice -Pre en CITY OF HOUSTON ATTEST: By Mm4i .a By City Secretary COUNTERSIGNED: EXHIBIT "C" PLAN OF DEVELOPMENT This Plan of Development is an important opportunity for the City of Baytown to participate in the strategic planning of a major planned unit development community within the City's extraterritorial jurisdiction ("ETJ" ). This Plan of Development is intended to further the goals and objectives of the City's Comprehensive Plan at the northeastern gateway to Baytown. I. PROJECT DESCRIPTION The project is a proposed master -planned community of approximately 223.2868 acres (the "Property"), located in the far northeast quadrant of Baytown's ETJ. The community will consist of residential, civic, and commercial uses; including facilities such as parks, lakes and trails and significant open space. The Development Agreement will establish a comprehensive land use plan to guide development within the project. Figure 1 shows the location of the development. II. CURRENT LAND USE The Property is located in Chambers County, at the northeast quadrant of the City of Baytown's ETJ and is bounded by the Barbers Hill Company/Southern Canal Company Irrigation Canal on the south, Needlepoint Road on the west, Interstate Highway 10 on the north, and State Highway 99 along the east. The Property is currently vacant and unimproved, consisting of flat coastal plain and small trees. The surrounding vicinity is characterized by mostly vacant tracts of land, a few large lot residences to the southwest, and industrial development across State Highway 99 to the east. III. PROPOSED LAND USE The Property is outside of the City, and as such is not zoned, except as provided in the Development Agreement. The City's Comprehensive Plan indicates this portion of the planning area as high -density residential, commercial corridor, low -medium residential, and a large commercial node at I-10 and State Highway 99. The proposed Plan of Development, Figure 2 and Figure 2-A, presents a mid -density development with a wide range of attractive housing in a well-defined neighborhood. The Plan of Development currently complies and must at all times hereafter comply with the intent of the City's Comprehensive Plan. Figure 3 illustrates the proposed amenities and beautification plan consisting of an integrated network of parks, trails and open spaces. IV. IMPROVEMENTS The following improvements will be built in phases during the development of the project. Any particular phase outlined herein may be changed if proposed by the Developer and approved in writing by the Director of Public Works and Engineering prior to the time of preliminary plat submittal: Water Line Improvements • Figure 4 illustrates the proposed water line improvements along State Highway 99 and Interstate Highway 10. The portion of the proposed water line located along the 21.5 acre commercial tract identified in Figure 2 will be constructed as development occurs within such portion of the Property and not as part of the first phase of residential development within other portions of the Property. b. Traffic Improvements • Figure 5 illustrates the major thoroughfare extension of Old Needlepoint Road as a 4-lane divided thoroughfare within the Property that connects to State Highway 99. The median will be landscaped to include trees, shrubbery and other plants in a manner consistent with and complementary to the overall landscaping for the Property. Trees are to be a minimum 6-inch caliper, spaced every 30 feet with an automatic irrigation system. Other improvements, such as signalized intersections, acceleration and deceleration lanes, stripping, traffic calming measures, etc. will be implemented at the direction of an approved Traffic Impact Analysis (TIA). A TIA will be scoped in collaboration with and approved by all governing agencies, including TxDOT, the City of Baytown and Chambers County prior to any development taking place. All measures required by an approved TIA will be implemented with the development of the Property, as outlined in the TIA. Figure 5-A illustrates the phases of development of the single-family residential portion of the Project. Phase 2 of Old Needlepoint Road will be completed when Phase 3 of the single-family residential portion of the Project is developed. C. Drainage and Detention Improvements • Figure 6 illustrates the proposed drainage and detention facilities. A Drainage Impact Analysis shall be prepared by the Developer and submitted to Chambers County and the City of Baytown for review and written approval. The Developer shall be required to comply with the approved Drainage Impact Analysis. d. Amenity, Park and Open Space Connectivity Improvements • Figure 7 illustrates the community trail improvements connecting the various amenity, park and open spaces within the Property. Residential Fencing Improvements • Figure 8 illustrates the 8 foot (8') height precast residential fencing improvements to be installed along the perimeter of all single-family residential lots bordering State Highway 99, Old Needlepoint Road, and any commercial or multi -family tracts. Figures 1 through 8 are attached hereto and incorporated herein for all intents and purposes. The Developer shall be required to develop the Property in accordance with Figures 1 through 8 as well as all provisions of this Exhibit C. It is expressly understood and agreed, however, that (i) the attached figures depict the minimum improvements which must be constructed, (ii) the standards stated herein constitute the minimum standards which must be satisfied, and (iii) the ultimate construction of the improvements shall, at a minimum, be in compliance with the requirements of the City of Baytown, unless expressly varied pursuant to the Development Agreement, and the requirements of Chambers County. If there is a conflict between the Figures 1 through 8 and the terms of the Code of Ordinances, the Code of Ordinances shall apply unless specifically varied pursuant to the Development Agreement. w C7 LL CD A w c LL y- O 0 � u t 0 C1 4r ■�� N a) O S a CD r NEEOLEP.OINT Ito - 0 O N mO N x o � W O J yj ua me a 3e �o `? n T O r— LC9 T O T T 1 Ln CV 1 V Q CS Q 6, Q 1 V T V Q F— Q LG N C l Cr p O m CV " L� " .p m N C-f CV + + t i ira LA t W � •� J ` fl O Co :L CID C C.7O m Li m O LA —3 y 1 O N > E ` E a E E c� N + . 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The land uses within the Property shall be governed by the standards and requirements of the City's Unified Land Development Code ("ULDC"), as hereinafter amended and as revised herein, as if the Property was within the corporate limits of the City in the following zoning districts, as more particularly depicted and described in the Plan of Development: a. Non -Residential Zoning District (1) General Commercial ("GC") b. Residential Zoning Districts (1) Mixed Residential At Low To Medium Densities ("SF-2"), (2) High Density Mixed Residential ("MF-2"), and (3) Open Space/Recreation ("OR"). Definitions. The following capitalized terms and phrases used in this Agreement shall have the meanings set forth below and are in addition to those set forth in the ULDC: Car Wash. "Car wash" means and refers to a facility used to clean the exterior and, in some cases, the interior of vehicles, non-commercial. Car washes can be self -serve, fully automated, or full -service with attendants who wash the vehicle. A car wash does not include vehicle repair. b. Class A Medical. "Class A" Medical" means and refers to facilities that lead the medical facility market with newly constructed or renovated spaces that are outfitted with modern fixtures, and state of the art technologies, utilities and amenities. Class A Medical is generally characterized by a multi -story structure in a high -visibility location. Any development of medical facilities associated with the Heights of Baytown development will be modern, state of the art facilities such as Hospital (as such term is defined in the ULDC), Clinics (as such term is defined in the ULDC), or medical office buildings to provide in -patient and/or out -patient care as well as primary care and specialty services. Class A Medical will include amenities such as computerized data information systems and automated medical record storage, access to digital imaging, latest mechanical and HVAC systems, increased wiring for electricity, telephone, modems, computer networking, and video teleconferencing, as well as access to shared clinical procedures such as pharmacy, radiology, laboratory, ambulatory care and outpatient services. C. Class A Office. "Class A Office" means and refers to Offices (as such term is defined in the ULDC) that are more prestigious buildings competing for premier office users within a given market, with rents above average for the area. Class A Office buildings have high -quality standard finishes, state of the art system, exceptional accessibility and market presence. Class A Office buildings represent the newest and highest quality buildings in their market. d. Class A Retail. "Class A Retail" means and refers to the best -possible General (as defined in the ULDC) and Big Box (as defined in the ULDC) retail properties in a given market. They include high -end construction techniques, quality interior detailing, highly -sought-after design, and desirable property amenities. Class A Retail properties will generally be located in a good area with high foot traffic. These buildings generally have the best management and attract the best -quality tenants that can afford the high rates commanded by these properties. Development of retail associated with the Heights of Baytown development will be high -quality construction, Class A lifestyle center or mixed use commercial development that combines the traditional retail functions of a shopping mall with leisure amenities oriented towards upscale consumers and can include a mix of national specialty retailers as well as full -service dining options. e. Class A Multifamily Dwelling. "Class A Multifamily Dwelling" means and refers to the highest quality Multifamily Dwelling (as such term is defined in the ULDC) in its market and area. Class A Multifamily Dwellings are generally newer properties built within the last 10 years with top amenities, high -income earning tenants and low vacancy rates. Class A Multifamily Dwellings are well - located in the market and are typically professionally managed. Additionally, they typically demand the highest rent with little or no deferred maintenance issues. Any development of multifamily housing complex adjunct to the Heights of Baytown development will be a high -quality construction, garden style apartments and will include typical Class A amenities such as gated entrance and perimeter fence, well -manicured landscaping throughout the complex, resident lounge, fitness center, meeting or co -working space, media/technology room, resort style pool with sundeck and loungers, outdoor grill and cooking area. Interior amenities would include high ceilings, stone or other ultra -compact surface countertops, energy efficient appliances and utilities, modern lighting fixtures, hardwood style flooring, ample counter space and high speed internet. This development will command rents within the Class A Multifamily Dwelling range in the submarket. Densily. The Property shall be developed in accordance with the Plan of Development and the Unified Land Development Code as amended herein. The total number of single-family mixed residential housing units within the area designated as SF- 2 in the Plan of Development shall not exceed 600 units. The total number of medium density mixed residential units shall not exceed 500 units within no more than twenty- five (25) acres of the area designated as MF-2 (Class A only) in the Plan of Development. Land Uses. a. Permitted Uses. The land uses allowed within the applicable non-residential and residential zoning districts as noted in the Plan of Development shall comply with the standards set forth in the ULDC unless specified differently below: Non -Residential Use Table: USES Grocery Store GC PC 1 REF A19 Class A Medical P Class A Office P Class A Retail PC A 17 Car Wash P ii. Non -Residential Accessory Use Table: iii. Residential Use Table: Single -Family, Detached P Class A Multifamily Dwelling PC B-11 Private Open Space P P P Private Recreation Space P P P Sports Courts P P P iv. Residential Accessory Use Table: b. Prohibited Uses. It is expressly understood and agreed that the following uses shall be prohibited for non-residential and residential uses and accessory uses: Non -Residential Prohibited Uses and Accessory Uses: 1. Agriculture; 14. Manufacturing (light); 2. Animal; 15. Outdoor sales and display; 3. Auto body shop; 16. Outdoor storage; 4. Boat and R-V storage; 17. Recreational vehicle park and 5. Cemeteries; manufactured home park; 6. Container; 18. Sandblasting; 7. Credit access business; 19. Second-hand goods; 8. Drilling, oil or gas operations; 20. Self -storage and storage 9. Funeral home; units; 10. Group housing, 21. Sexually oriented business; Boardinghouse, Dormitory, 22. Supply houses; Halfway house, Orphanage, 23. Travel center; Group home for substitute 24. Truck stop; care; 25. Warehouse and freight 11. Homeless shelter; movement; and 12. Junk and salvage yard; 26. Wholesale trade. 13. Kennel; ii. Residential Prohibited Uses and Accessory Uses: 1. Agriculture; 2. Manufactured home; and 3. Industrialized home; C. Land Use Conditions. This section sets forth the conditions associated with non- residential and residential land areas set forth in Section 3(a) above. All other land uses conditions shall comply with the ULDC. i. Non -Residential Categories: Districtcond. Zollilig A19 Grocery Store GC Grocery stores shall be a minimum of 40,000 square feet in building size in GC. a. Class A Retail Big box buildings and appurtenances shall be located at least 20 feet from a residential property line. b. Class A Retail Big Box loading docks and A17 Class A Retail GC bay doors shall: ➢ not face residential uses, and ➢ either: ➢ be integrated into the building or ➢ oriented in such a way so as not to 4 ii. Residential Cate og ries: 1311 Class A Multifamily Dwelling be visible from a public right-of- way, which may be accomplish through the use of a vegetative buffer, (as defined in the Unified Land Development Code) or other means approved by the Citv. a. If a multifamily complex is constructed in phases, the planned amenities and community buildings must be constructed in an at least equal ratio along with the residential buildings. For example, a 200-unit apartment complex with two swimming pools and two laundry MF-2 buildings that is constructed in two 100-unit phases must construct at least one swimming pool and one laundry building with the first phase. b. Gazebos, workshops, green houses and other similar accessory uses are allowed in common space but may not be constructed on leased space or space designated for individual tenant use. Single -Family Residential, Amenities and Park Standards. a. Property Development Standards. The minimum property development standards for the area designated as SF-2 in the Plan of Development shall be as follows: District Minimum Lot Size (square feet 6,000 Minimum Front Building Setback 25' or 20'* Minimum Rear Setback 10, Minimum Interior Side Setback 5' Minimum Street Side Setback 15' Maximum Height in feet 40' Percent Maximum Lot Coverage 60% Minimum Lot Frontage 55' *The minimum front building setback for front -loading garages is 25', except that any radial, cul- de-sac lot may allow 20' front building setback for front -loading garages. 15' setback is allowed for side loaded garage. (1) Landscape Requirements. Each single-family detached home shall have a minimum of (i) two front yard trees, each with a minimum caliper size of 3 inches and a minimum height of 8 feet, (ii) two 10-gallon shrubs, (iii) ten 5-gallon shrubs, and (iv) fifteen 1 gallon shrubs/plants. (2) Driveway Width. The Developer will provide wider driveway widths per the Chambers County Building and Driveway Setback Detail shown in Figure 2. The width shall be a minimum of 20-feet wide at the street and 30-feet wide at the right-of-way to allow for three cars to have the ability to a park within the driveway. (3) Lot Grading. Residential lots will be Type A Grading. b. Property and Building Design Standards. All residential buildings shall comply with the masonry, architectural and design standards of Sections 3.11 and 3.12 of the ULDC unless otherwise varied in this section 4. (1) Masonry. All single-family homes shall have a minimum of 3 sides 100% masonry for the first floor, exclusive of doors and windows. All sides of a single-family along a right-of-way must abide by this standard. (2) Spacing and Repetition of Plans and Materials. Floor plans and exterior elevations shall be complementary in architectural design and materials, and compatible with neighboring structures. Spacing and repetition of floor plans and exterior elevations must be separated by a minimum of: i. Same floor plan, same exterior elevation, same or opposite side of street - 5 lots separation; ii. Same floor plan, different exterior elevation, opposite side of the street - 2 lots separation; and iii. Same floor plan, different exterior elevation, same side of street - 3 lots separation. (3) Recessed Entries and Articulation. The Developer will comply with the current City of Baytown Code of Ordinances and Chambers County requirements. In addition to the architectural standards in Section 3.11 (b) of the ULDC, the articulation on the front facade, exclusive of the front entry, shall be at least 12 inches. Multi -Family and Commercial Standards. Density, Land Use and Property Development Standards for the Zoning Districts GC and MF-2 shall comply with the ULDC, including, but not limited to, Design and Compatibility Standards -Article III, Property Development Standards, Division 1, and Design and Compatibility Standards ---Article III, Non -Residential Zones - Division 3. 6. Amenities and Parks. a. The proposed pocket parks, open spaces, Recreation Center, trails and identity features are shown in Figure 3 and Figure 8. The Developer agrees to dedicate a minimum of 6.0 acres of reserves, parkland and open space as set forth in Exhibit "F 11 b. The Developer will provide one location for a Recreation Center, which will be built as part of the first phase of the residential development. The Recreation Center will serve the residential community and provide the following features: a. Pool; b. Playground Equipment; C. Restroom Facility; and d. Cover Area and Picnic Tables. C. Pocket Parks will be spaced through the community to provide residents will equal access to parks. d. Trails shown in Figure 3 and Figure 8 will consist of a minimum 5' wide sidewalk path. e. Amenities along trails - Benches and landscaping will be provided along the proposed trails. f. Playground will be designed and constructed to be inclusive for all levels of ability and to meet ADA requirements. 7. Recreation Space. The Developer shall provide at least 100 square feet of restricted, landscaped and maintained outdoor recreation or open space for each single-family attached and detached unit within the residential subdivision(s). Recreation or open space must be deeded to the Residential Homeowner's Association for ownership and perpetual maintenance. The square footage of (i) the landscaping in the right-of-way and (ii) the restricted open space reserves of less than 1,500 square feet shall not be counted towards the minimum outdoor recreation or open space square footage requirement. Landscaped detention facilities may count towards this requirement, however, landscaped reserves adjacent to the right-of-way shall not. 8. Fees. The Developer shall be required to pay to the City fees equal to 125% of those specified in Section 2-595 of the Code of Ordinances, Baytown, Texas in effect when due. 9. Perimeter Landscaping, Screening, and Fencing. The perimeter of the Property will be landscaped and screened with trees, shrubbery and other plants in a manner consistent with and complementary to the overall landscaping for the Property. The perimeter fencing of the Property will comply with the City of Baytown Code of Ordinances. Prior to the development of a phase of the Plan of Development, the Developer will submit a landscaping plan for that development phase to the City for its written approval. The Developer will develop the Property in accordance with the approved landscaping plan. Such plan shall include the following items: a. Along State Highway 99 and Old Needlepoint Road frontage - 6 inch caliper trees planted no further than 30 feet apart with irrigation. Tree Species will be an approved species as set forth in Section 10 below. b. Landscaped areas will include automated irrigation systems and will be maintained by a Residential Homeowner's Association and Commercial Property Owner's Association. 10. State Highway 99 Screening for Single Family Residential. The Developer will provide a 35' Landscape Buffer and an 8' Tall Concrete or Masonry Fence where SF-2 Residential is adjacent to State Highway 99, as depicted in Figure 2. 11. Landscaping,. The Developer will comply with the City of Baytown Code of Ordinances. The Developer will submit a tree preservation plan to the City for approval. The Developer will develop the Property in accordance with the approved tree preservation plan. Tree Species may only include the following, unless otherwise approved in advance in writing by the Director of Planning and Development Services: • American Elm (Ulmus americana) • Lacebark Elm (Ulmus parvifolia) • Southern Magnolia (Magnolia grandiflora) • Live Oak (Quercus virginiana) • American Holly (Ilex opaca) • Montezuma Cypress (Taxodium mucronatum) • Eastern Redcedar (Juniperus virginiana) 12. Infrastructure. • Common Crapemyrtle (Lagerstroemia indica) • Waxmyrtle (Myrica cerifera) • Yaupon (Ilex vomitoria) • Little Gem Magnolia (Magnolia grandiflora) • Sweetbay Magnolia (Magnolia virginiana) • Foster Holly (Ilex x attenuata Tosteri') • Flowering Dogwood (Cornus florida) • Nellie Stevens Holly (Ilex x) a. Block length will comply with the City of Baytown Code of Ordinances. b. Local and residential street width will comply with the City of Baytown Code of Ordinances. Old Needlepoint Road will be phased into two phases as shown in Figure 5. Phase 2 of Old Needlepoint Road will be completed when Phase 3 of the single- family residential portion of the Project is developed as shown in Figure 5-A. d. Signs and lighting will comply with the City of Baytown Code of Ordinances. Entry Monument shall be approved by the City of Baytown and be constructed during the first phase of development. Franchise utilities will be underground with the exception of overhead power as deemed necessary by the power company. The Developer will work with the power company to place overhead power along the perimeter of the development and along major roads as opposed to within the center of the development. EXHIBIT "E" PLATTING AND SUBDIVISION DESIGN STANDARDS Platting. The Developer shall be required to plat any subdivision of the Property in accordance with Chapter 126 of the Code of Ordinances, Baytown, Texas, as amended (the "City's Subdivision Ordinance"). The subdivision plat shall be subject to review and approval by the Planning and Zoning Commission in accordance with those requirements and procedures and planning standards of the City's Subdivision Ordinance and this Agreement. Subdivision Design. The Developer agrees to comply with the minimum design standards in the City's Subdivision Ordinance as modified herein. The modifications shall be only to the extent indicated hereinbelow. a. The definition of "outdoor living area" contained in Article I "In General," Section 126-1 "Definitions" of the Subdivision Ordinance is modified for purposes of this Agreement to read as follows: ARTICLE I. IN GENERAL Sec. 126-1. Definitions. Outdoor living area means a common outdoor area designed to provide a more pleasant and healthful environment of the occupants of a dwelling unit and the neighborhood in which such dwelling unit is located. It includes natural ground areas, patios, terraces, detention areas or similar areas developed for active or passive recreational activities. Such outdoor living areas shall be owned and maintained by either a Residential Homeowner's Association, or the District. For detention areas to qualify as outdoor living areas they must be developed with trails, benches, landscaping or similar improvements to make them considered assets to the neighborhood. b. Article II "Administration," Division 2 "Lot Consolidation and Lot Line Adjustment," Section 126-68 "Lot line adjustment requirements," Subsection (c) of the Subdivision Ordinance is modified for purposes of this Agreement to read as follows: ARTICLE II. ADMINISTRATION DIVISION 2. LOT CONSOLIDATION AND LOT LINE ADJUSTMENT Sec. 126-68. Lot line adjustment requirements. (c) The lot line adjustment shall not be more than a maximum of five feet average from the existing lot line. The requirements of Article III "Developments," Division 3 "Commercial Developments" of the Subdivision Ordinance shall apply to commercial building development plats and not the general platting of restricted commercial reserves. d. Article III 'Developments," Division 5 "Private Subdivision Development" of the Subdivision Ordinance shall be allowed on land within the Property following the MF-2 or SF-2 zoning requirements as applicable pursuant to the Plan of Development and in compliance with the property standards of this Development Agreement. All utility systems shall comply with the requirements of this division and any other applicable regulations as defined in the Development Agreement. Water, sanitary sewer, and storm sewer systems within a private subdivision shall be dedicated to the District and maintained by the District in the same manner as its other water, sanitary sewer, and storm sewer systems. Article III 'Developments," Division 5 "Private Subdivision Development" Section 126-436 "Lot size" of the Subdivision Ordinance is modified for purposes of this Agreement as follows: ARTICLE III. DEVELOPMENTS DIVISION 5. PRIVATE SUBDIVISION DEVELOPMENT Sec. 126-436. Lot size. All development within a private subdivision shall be in conformance with the MF-2 or SF-2 categories as applicable pursuant to the Plan of Development and shall be regulated by Article 3 of the Development Agreement Article IV "Improvements," Division 1 "Generally" Section 126-460 "Sidewalks" of the Subdivision Ordinance is modified for purposes of this Agreement as follows: ARTICLE IV. IMPROVEMENTS DIVISION 1. GENERALLY Sec. 126-460. Sidewalks. Sidewalks conforming to the requirements of the Development Agreement shall be required to be constructed along all roadways abutting property within the platted area. g. Article IV "Improvements," Division 2 'Design Standards," Subdivision III "Lots," Section 126-551 "Minimum sizes" of the Subdivision Ordinance is modified for purposes of this Agreement as follows: ARTICLE IV. IMPROVEMENTS DIVISION 2. DESIGN STANDARDS SUBDIVISION III. LOTS Sec. 126-551. Minimum sizes. The minimum size of lots shall comply with the modifications to the ULDC included in the Development Agreement. h. Article IV "Improvements," Division 2 "Design Standards," Subdivision III "Lots," Section 126-554 'Building lines" of the Subdivision Ordinance is modified for purposes of this Agreement as follows: Sec. 126-554. Building lines. The building lines shall comply with the modifications to the ULDC included in the Development Agreement. Article IV "Improvements," Division 2 "Design Standards," Subdivision III "Lots," Section 126-551 "Minimum sizes" of the Subdivision Ordinance is modified for purposes of this Agreement as follows: j. Article V "Engineering and Construction Standards," Division 2 "Streets," Section 126-641 "Widths," Subsection (c) of the Subdivision Ordinance is modified for purposes of this Agreement for the Pavement width of Old Needlepoint Road improvements, which width shall comply with the Plan of Development included and as shown in Figure 5 - Traffic Improvements, unless Chambers County requires a different pavement width or right-of-way width. EXHIBIT "F" DEVELOPMENT OBLIGATIONS The Developer shall have the following development obligations pursuant to this Agreement and all construction referenced herein shall be constructed in conformance with the City's plans and specifications and are subject to the City Engineer's review and approval; Water Improvements. The Developer agrees to tie into the 16" water main located on Kilgore Parkway as shown in Figure 4 of the Plan of Development. The Developer shall cause Chambers County Improvement District No. 3 ("CCID No. 3") to convey such 16" water main to the City in the form attached hereto as Exhibit "G". The Developer shall pay or cause CCID No. 3 to pay for the movement of the master meter and backflow preventer to CCID No. Ts new point of connection, as determined by the City. The District and the City will enter into an agreement to provide water capacity to the District through the 16" water main. The Developer will dedicate one or more utility easements along the Property for the water distribution lines and will install the water line within such easement(s) and in the existing right-of-way of State Highway 99 and Interstate Highway 10 offsite from the Property. The Developer will construct a water line distribution system within the Property in accordance with the City's plans, specifications and design guidelines. This internal system shall be owned, maintained and operated by the District. The City may determine, from time to time, that the District's water facilities should be sized to serve areas outside the Property, as well as land within the Property. The Developer hereby agrees that, in conjunction with the Developer's design and construction of the water facilities as set out in this Agreement, the District shall cooperate with the City to include such oversized facilities as requested by the City in accordance with the cost -sharing provisions of Section 114-69(a) of the Code of Ordinances, Baytown, Texas. b. The District will pay a water impact fee as described in the Water Supply Agreement between the District and the City. 2. Roadway & Sidewalk Improvements. The Developer agrees to comply with (i) the City's minimum design standards for streets and sidewalks in accordance with the Code of Ordinances, Baytown, Texas, including, but not limited to, Chapter 122 of the Code of Ordinances, Baytown, Texas, and (ii) the improvements to Old Needlepoint Road as shown as Figure 5 of the Plan of Development. Old Needlepoint Point Road Improvements will be designed and constructed in two Phases as shown in Figure 5. b. The Developer will prepare a Traffic Impact Analysis (TIA) for the Development which will include a traffic signal warrant analysis for full build -out at State Highway 99 and Needlepoint Road. The TIA will be submitted to TxDOT, City of Baytown and Chambers County for review and approval. C. Sidewalks adjacent to major thoroughfares and within restricted reserves adjacent to major thoroughfares shall have a minimum width of not less than five feet. Sidewalks in the front and side yards of single-family residences and within restricted reserves adjacent to local streets shall have a minimum width of five feet. Open Space and Recreation Facilities. a. The Developer hereby agrees to dedicate to the Residential Homeowner's Association a minimum of 6.0 acres of reserves, parkland and open space (collectively, the "Open Space") and the Residential Homeowner's Association shall be responsible for the perpetual ownership and maintenance of the Open Space. b. Private park and recreational facilities available only to residents of the Property will be conveyed to the Residential Homeowner's Association for ownership and operation, and shall not be the responsibility of the City in the event the City dissolves the District. 4. Storm Water Facilities. The Developer agrees to comply with the minimum design standards of Chambers County. Chambers County shall be the floodplain administrator. Upon completion, the storm water facilities shall be deeded to the District for ownership and maintenance. The storm water detention facilities shall remain the responsibility of the District until the District is dissolved by the City, at the City's sole discretion upon expiration of the term of the Strategic Partnership Agreement. Slab on grade construction is permitted so long as the slab is elevated at least 24 inches above the base flood elevation. Off -Street Parking. The Developer agrees to comply with the minimum design standards in the City's Off -Street Parking Ordinance contained in Section 112 of the Code of Ordinances, Baytown, Texas, as amended herein. Attached and detached single-family homes shall have a minimum of two enclosed covered parking spaces and three off-street parking spaces per dwelling unit. All other uses shall comply with Chapter 112 of the Code of Ordinances, Baytown, Texas. EXHIBIT "G" CONVEYANCE OF UTILITY FACILITIES THE STATE OF TEXAS KNOW ALL PERSONS BY THESE PRESENTS THAT: COUNTY OF CHAMBERS Chambers County Improvement District No. 3 of Chambers County, Texas, a municipal utility district created pursuant to Article XVI, Section 52 and 59 Texas Constitution ("Grantor") with offices located at 1300 Post Oak Boulevard, Suite 1400, Houston, Texas 77056, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, has TRANSFERRED, BARGAINED, GRANTED, SOLD, CONVEYED, ASSIGNED, SET OVER and DELIVERED, and by these presents does TRANSFER, BARGAIN, GRANT, SELL, CONVEY, ASSIGN, SET OVER and DELIVER, to The City of Baytown, Texas, a home -rule municipality located in Chambers and Harris Counties, Texas ("Grantee"), its successors and assigns, all its right, title and interest in that portion of the waterline located on Kilgore Parkway as shown and depicted as the "Existing 16" Waterline" in Exhibit "1" attached hereto and made a part hereof for all purposes, and all goods, plants, appliances, lines, pipes and works incorporated as part of the facilities (collectively referred to herein as the "Facilities"), all of which are located within utility or other public easements or sites dedicated by plat or otherwise to Grantor, Chambers County, another governmental entity, or the public generally and filed of record in the Official Public Records of Real Property of Chambers County, Texas, and which easements or sites are described in Exhibit "2" attached hereto and made a part hereof for all purposes. The conveyance of the Facilities hereunder is made free and clear of all liens, claims, encumbrances, options, charges, assessments, restrictions, limitations, and reservations (except for restrictions, limitations and reservations which restrict the Facilities or said easements and sites for utility purposes), including liens for ad valorem taxes for the current year and payments due to construction contractors, laborers and materialmen, affecting the Facilities. TO HAVE AND TO HOLD the above -described Facilities together with all and singular the rights and appurtenances thereunto in anywise belonging, including all necessary rights of ingress, egress, and regress, unto Grantee, its successors and assigns, forever; and Grantor does hereby bind itself, its successors and assigns to warrant and forever defend, all and singular, the above -described Facilities subject to the matters herein set forth, unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. Grantor binds and obligates itself, its successors and assigns to execute and deliver at the request of Grantee any other or additional instruments of transfer, conveyances, or other instruments or documents which may be necessary or desirable to evidence more completely or to perfect the transfer to Grantee of the Facilities. Grantor, in addition to the other representations and warranties herein, specifically makes the following agreements, representations and warranties: Grantor has the full legal right and authority to make the sale, transfer, and assignment herein provided. 2. Grantor has good and marketable title to the Facilities conveyed and sold hereunder, is not a party to any written or oral contract which adversely affects this conveyance and sale, and is not subject to any bylaw, agreement, mortgage, lien, lease, instrument, order, judgment, decree, or other restriction of any kind or character which would prevent the execution of this conveyance and bill of sale. Grantor is not engaged in or threatened with any legal action or proceeding, nor is it under any investigation, which would prevent the execution of this conveyance and bill of sale. 4. Grantor shall be solely responsible for any and all costs associated with relocating the existing water meter currently located at the "Existing CCID-3 Water Meter Location" shown and depicted in Exhibit "1" attached hereto to the location identified as the "Proposed City of Baytown/CCID-3 Water Meter" as shown and depicted in Exhibit "1" attached hereto. 5. Grantor shall assign the Easement described in Exhibit "2" to the City. The form of such assignment is attached hereto as Exhibit "3". Grantor has not been notified of a breach of the Easement, and is not aware of any circumstances that would constitute a breach of the Easement being assigned to the City. 6. The person executing this conveyance on behalf of Grantor has full authority to do so, and no further official action need be taken by Grantor to validate this conveyance. The representations, warranties, covenants, indemnities, and other agreements contained herein shall be deemed to be material and continuing, shall not be merged, and shall survive the closing of this transaction and the delivery of the Facilities, except as otherwise herein expressly provided. The parties represent that neither has used any agent or broker to bring about this conveyance and agree that no fee is due any agent or broker by reason hereof. This conveyance may be executed in a number of counterparts, each of which shall, for all purposes, be deemed to be an original, and all such counterparts shall together constitute and be one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this conveyance and bill of sale to be executed and delivered by their duly authorized officers. [SIGNATURES COMMENCE ON FOLLOWING PAGE] -2- EXECUTED this the day of , 2020. CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 3 I: THE STATE OF TEXAS § COUNTY OF HARRIS § President, Board of Directors "Grantor" This instrument was acknowledged before me on this day of , 2020, by , President of the Board of Directors of Chambers County Improvement District No. 3, a political subdivision of the State of Texas, on behalf of said political subdivision. (SEAL) Notary Public in and for the State of T E X A S -3- AGREED TO AND ACCEPTED THIS day of , 2020. THE CITY OF BAYTOWN, TEXAS ATTEST: Leticia Brysch, City Clerk APPROVED AS TO FORM: Ignacio Ramirez, Sr., City Attorney Richard L. Davis, City Manager -4- "Grantee" EXHIBIT "I" -5- EXHIBIT "2" The Easement Agreement from the Coastal Water Authority to Chambers County Improvement District No. 3 recorded in the Official Public Records of Chambers County at 2011 Book 70270, Volume 1301, Page 662. 2. The Donation Deed from Grand Parkway/Kilgore Parkway. LP to the County of Chambers, Texas recorded in the Official Public Records of Chambers County at 2009 Book 49440, Volume 1152, Page 423. EXHIBIT "3" ASSIGNMENT OF EASEMENT THE STATE OF TEXAS KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF CHAMBERS CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 3, a municipal utility district created pursuant to Article XVI, Section 52 and 59 Texas Constitution, with offices located at 1300 Post Oak Boulevard, Suite 1400, Houston, Texas 77056, ("Assignor"), for and in consideration of the sum of Ten & No1100 Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by THE CITY OF BAYTOWN, TEXAS, a home -rule municipality located in Chambers and Harris Counties, Texas, its successors and assigns, ("Assignee"), the receipt and sufficiency of which are hereby acknowledged and confessed, and subject to the matters set forth below, has GRANTED AND ASSIGNED, and by these presents does GRANT AND ASSIGN, unto Assignee such rights, title, privileges, interests and obligations in, to and under that certain Easement Agreement dated November 9, 2011, recorded in the Official Public Records of Chambers County, Texas at 2011, Book 70270, Volume 1301, Page 662 (the "Easement") for the purposes and under the terms and conditions provided in the Easement. By its signature below, Assignee accepts all of the terms of the Easement applicable with respect to the rights, title, privileges, interests, and obligations granted and conveyed herein. Assignor hereby binds itself, its successors and assigns, to warrant and forever defend the subject interests unto the Assignee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, subject to all of the terms, conditions, provisions and limitations set forth and provided in the Easement. Assignor further gives and grants unto Assignee full power and right of substitution and subrogation in and to all covenants and warranties by others heretofore given or made in respect of the subject interests. [SIGNATURES COMMENCE ON THE FOLLOWING PAGE] -7- EXECUTED this day of , 2020. ASSIGNOR: CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 3 L-In THE STATE OF TEXAS § COUNTY OF HARRIS § President, Board of Directors This instrument was acknowledged before me on this day of _ , 2020, by President of the Board of Directors of Chambers County Improvement District No. 3, a political subdivision of the State of Texas, on behalf of said political subdivision. (SEAL) Notary Public in and for the State of T E X A S -S- ACCEPTED this day of , 2020. ATTEST: LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney 550060 ASSIGNEE CITY OF BAYTOWN RICHARD L. DAVIS, City Manager (Date) - 9 -