Ordinance No. 9,408•
ORDINANCE NO, 9408
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO THE SECOND AMENDMENT TO THE WATER
SUPPLY AND WASTE DISPOSAL AGREEMENT BETWEEN THE CITY OF
BAYTOWN AND CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT
NO. l; 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
the Mayor to execute and the City Clerk to attest to the Second Amendment to the Water Supply
and Waste Disposal Agreement between the City of Baytown and Chambers County Municipal
Utility District No. 1. Such amendment is attached hereto as 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 22nd day of August, 2002.
Z � � C, Z&/,-A �
PETE C. ALFARO, Mayor
ATTEST:
G Y VT SMITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIRE S., City Attorney
FAKaren\Files\City Council\Ordinances\SecondAmend men twCo un tryM cad owsM U D.doc
® SECOND AMENDMENT
TO THE
WATER SUPPLY AND WASTE DISPOSAL AGREEMENT
BETWEEN
THE CITY OF BAYTOWN, TEXAS
AND
CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
•
STATE OF TEXAS §
COUNTY OF HARRIS §
This Second Amendment ( "Amendment ") to that certain "Water Supply and Waste Disposal
Agreement between the City of Baytown, Texas, and Chambers County Municipal Utility District
No. 1, dated March 4, 1996, is made by and between the same parties on the date hereinafter last
specified.
WITNESSETH:
WHEREAS, the City of Baytown (the "City") and Chambers County Municipal Utility
District No. 1 (the "District ") did enter into a Water Supply and Waste Disposal Agreement on
March 4, 1996; and
WHEREAS, the parties thereafter amended such agreement to expand the Service Area to
include Sections 3 and 4 of Country Meadows Subdivision (both the agreement and the amendment
hereinafter collectively referred to as the "Agreement "); and
WHEREAS, the District desires to further expand the Service Area to include the following:
➢ Block A Addition to Section 4 of Country Meadows Subdivision,
➢ Section 5 of Country Meadows Subdivision,
➢ Block A Addition to Section 5 of Country Meadows Subdivision,
➢ Block B Addition to Section 5 of Country Meadows Subdivision,
➢ Section 6 of Country Meadows Subdivision, and
➢ Sections 1, 2 and 3 of Hunters Chase Subdivision;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
I.
Unless a different meaning clearly appears from the context, words and phrases as used in
this Amendment shall have the same meanings as in the Agreement.
FMIBIT A
First Amendment to the Water Supply and Waste Disposal Agreement, Page 1
® 11.
Article 1, "Definitions," Section 1.08 "Service Area" of the Agreement is hereby amended to
read as follows:
1.08 "Service Area" shall mean the area within the boundaries of the District and
within the following subdivisions:
➢ Sections 1, 2, 3, 4, 5 and 6 of Country Meadows Subdivision,
➢ Block A Addition to Section 4 of Country Meadows Subdivision
➢ Block A Addition to Section 5 of Country Meadows Subdivision,
➢ Block B Addition to Section 5 of Country Meadows Subdivision, and
➢ Sections 1, 2 and 3 of Hunters Chase Subdivision;
consisting of a total of 144.6536 acres and 592 single - family connections. The
District covenants that the Service Area is now and shall always be within the area as
more particularly described in Exhibit "D," which is attached hereto and incorporated
herein for all intents and purposes.
FRI
Article N, "Quantity and Capacity," Section 4.01 of the Agreement is hereby amended to
read as follows:
4.01 General.
(a) Water. Subject to the terms and conditions of this contract, City agrees to sell
and deliver (or cause to be delivered) to the District, the District's water requirements of
treated water, and the District agrees to purchase from City, the District's treated water
requirements for resale during the term of this contract for water services to be supplied in
➢ Sections 1, 2, 3, 4, 5 and 6 of Country Meadows Subdivision,
➢ Block A Addition to Section 4 of Country Meadows Subdivision,
➢ Block A Addition to Section 5 of Country Meadows Subdivision,
➢ Block B Addition to Section 5 of Country Meadows Subdivision, and
➢ Sections 1, 2 and 3 of Hunters Chase Subdivision;
which consists of a total of 144.6536 acres. The District's total treated water requirements
shall mean the total quantity of treated water the District needs to conduct operations, use or
resell within the 144.6536 acres.
(b) Waste. In consideration of the compensation stated herein, the City shall
® accept and treat waste from the District and the District shall have the privilege of
discharging waste into the City's .System, not to exceed 207,200 gallons per day average
daily flow (representing 592 anticipated single - family connections within Sections 1, 2, 3, 4,
5 and 6 of Country Meadows Subdivision, Block A Addition to Section 4 of Country
Meadows Subdivision, Block A Addition to Section 5 of Country Meadows Subdivision,
First Amendment to the Water Supply and Waste Disposal Agreement, Page 2
® Addition to Section S of Country Meadows Subdivision, and Sections 1, 2 and 3 of Hunters
Chase Subdivision).
IV.
The provisions of this Amendment and the provisions of the Agreement should be read
together and construed as one agreement provided that, in the event of any conflict or inconsistency
between the provisions of this Amendment and the provisions of the Agreement, the provisions of
this Amendment shall control.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one and
the same amendment, this day of August, 2002.
DISTRICT
Chambers County Municipal Utility District, No. 1
ANN W. OLSON, District Board President (Date)
ATTEST:
LARRY E. BELL, District Board Secretary
APPROVED AS TO FORM:
J. RON YOUNG, Attorney for the District
CITY
City of Baytown, Texas
PETE C. ALFARO, Mayor (Date)
ATTEST:
GARY W. SMITH, City Clerk
0 APPROVED AS TO FORM:
IGNACIO RA.MIREZ, SR., City Attorney
FAKaren\Files \Contracts \Water& Wastewater Agreement\Chanbers County MUD No. I \ChanibersCountyMUDNol SecondArnendnradoc
First Amendment to the Water Supply and Waste Disposal Agreement, Page 3
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