Ordinance No. 9,815ORDINANCE NO. 9515
• 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 THIRD AMENDMENT TO THE WATER
SUPPLY AND WASTE DISPOSAL AGREEMENT BETWEEN THE CITY OF
BAYTOWN AND CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT
NO. 1; 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 Third 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 10th day of June, 2004.
ATTEST:
4 1 -1- -� � �'
CALVIN MUNDINGER, Mayor
GAR W. -I:TH, City Clerk
APPROVED AS TO FORM:
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• \ \Bdc2 \litigation \Karen \Files \City Council\ Ordinances\ ThirdAmendmentwChambersCountyMUD .doc
® THIRD AMENDMENT
TO THE
WATER SUPPLY AND WASTE DISPOSAL AGREEMENT
BETWEEN
THE CITY OF BAYTOWN, TEXAS
AND
CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. I
STATE OF TEXAS §
COUNTY OF HARRIS §
This Third 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; and
WHEREAS, the parties thereafter amended such agreement again to 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;
(both the agreement and the amendments hereinafter collectively referred to as the "Agreement ");
and
WHEREAS, the District has requested that the Service Area be expanded again to include the
following:
➢ Section 7 of Country Meadows Subdivision, and
9 Section 4 of Hunters Chase Subdivision; and
® 9 Section 1 of Pine Meadows Subdivision; and
Section 2 of Pine Meadows Subdivision; and
EXHIBIT A
Third Amendment to the Water Supply and Waste Disposal Agreement, Page 1
® WHEREAS, the City has considered the request and finds that the Service Area as it pertains
to water service can be expanded as requested but that the Service Area as it pertains to wastewater
will be expanded only for Section 4 of Hunters Chase Subdivision and Country Meadows 7; and
WHEREAS, the District and the City agree to provide the utility services to the subdivisions
only as indicated herein below:
Subdivision
Water Utility to be
Provided by City?
Sewer Utility to be
Provided by City?
Section 7 of Country Meadows Subdivision
Yes
Yes
Section 4 of Hunters Chase Subdivision
Yes
Yes
Section 1 of Pine Meadows Subdivision
Yes
No
Section 2 of Pine Meadows Subdivision
Yes
No
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.
1®
Article 1, "Definitions," Section 1.08 "Service Area" of the Agreement is hereby amended to
read as follows:
1.08 "Service Area" shall mean either:
a. when addressing water services, the area located within both the
boundaries of the District and within the following subdivisions:
➢ Sections 1, 2, 3, 4, 5, 6, and 7 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
9 Sections 1, 2, 3, and 4 of Hunters Chase Subdivision;
➢ Sections 1 and 2 of Pine Meadows Subdivision;
® consisting of a total of 206.6877 acres and 904 single - family
connections. The District covenants that the Service Area is now and
shall always be within the area as more particularly described in
Third Amendment to the Water Supply and Waste Disposal Agreement, Page 2
® Exhibit "D," which is attached hereto and incorporated herein for all
intents and purposes; or
b. when addressing wastewater services, the area located within both
the boundaries of the District and within the following subdivisions:
Sections 1, 2, 3, 4, 5, 6, and 7 of Country Meadows
Subdivision,
Block A Addition to Section 4 of Country Meadows Subdivision,
9 Block A Addition to Section 5 of Country Meadows Subdivision,
9 Block B Addition to Section 5 of Country Meadows
Subdivision, and
9 Sections 1, 2, 3 and 4 of Hunters Chase Subdivision;
consisting of a total of 166.3788 acres and 712 single - family
connections. The District covenants that the Service Area is now and
shall a (ways b e w ithin t he a rea as more particularly described in
Exhibit "H," which is attached hereto and incorporated herein for all
intents and purposes.
11
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, 6, and 7 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, 3, and 4 of Hunters Chase Subdivision,
➢ Sections 1 and 2 of Pine Meadows Subdision,
which consists of a total of 206.6877 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 206.6877 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 249,200 gallons per day average
Third Amendment to the Water Suvoly and Waste Disposal Agreement, Page 3
• daily flow, representing 712 anticipated single - family connections within the following
subdivisions:
•
➢ Sections 1, 2, 3, 4, 5, 6, and 7 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
9 Sections 1, 2, 3, and 4 of Hunters Chase Subdivision.
The District expressly understands and agrees that the City will NOT accept and/or treat
waste from the District for Section 1 and 2 of Pine Meadows Subdivision and nothing
contained in this agreement should be construed as to require the City to accept and/or treat
waste from the District for Section 1 and 2 of Pine Meadows Subdivision. If anything is
contained in this agreement to the contrary, this paragraph shall control.
As such, the District understands and agrees that should the District discharge or attempt to
discharge waste from such subdivisions into the City's system, as determined by the City,
such discharge or attempt shall be deemed an Event of Default
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 June, 2004.
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
Third Amendment to the Water Supply and Waste Disposal Agreement, Page 4
•
•
CITY
City of Baytown, Texas
CALVIN MUNDINGER, Mayor (Date)
ATTEST:
GARY W. SMITH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
CADocuments and Settingsllgnacio Ramirez\My Documents \ThirdAmendmentRevisedl.doc
Third Amendment to the Water Supply and Waste__ Disposal Agreement, Page 5