Ordinance No. 11,538ORDINANCE' NO. 11,538
AN ORDINANCE 01"ITIL" CITY COUNCIL OF T111", CFT�,` OFBAYTOWN,
Tl,`XAS, AIJTHORIZING 'FIII` CITY N,11ANA(IJER TO
Cl IA" CLERKTO ATTES'ETO AN INTI' R L0 C A1, A G R I E N/II NT W ITI I T] II, ".
CHAMBERS COUNTY INIPROVE',MENT DI 'l NO, I F"OR THE
PROVISION 01" WMJA� AND \VAS`FEM1A'lT,'1R SURVI(: E TO A
PARCELOLF'ESIDE [TS DIST"RICTAND PARTIALLY WITHIN THE, CITY
LIN41TS; AND PROVIIANG I`ORTIIF' EFT'E,`CTIV lye' TI',
* * * * * # :4, * * :4, * * 4,i * ** * * * * * * * * * * * * * * * *4, * * * * * * ********4," 4, * * * * * * * * * * * * * * * * * * * * 4, * 4, * * * *
BF,' FF ORDAINED BY Tiff" CITY COUNCIL 01" THE CITY Of" BAY"I'OWN,
TF1'XAS:
Section 1: That (lie City Council cal` the ("'i(y ofBay(own,Texas, herebyauthorizes
the City Manager to execute and the City Clerk to attest to an Interloczal Agreement with the
Chambers -1 ounty Inipi-c),,,cment District No. I for the provision ol'NN,ater and,.N,astewater service
to as parcel outside its district and partially within the it), limits. A copy or said agreement is
attached hereto as Fxhibit "A," and incorporated herein Ibrall intents and purPOSCS.
Section 2: "I'llis ordimtrice shall take cfTect immediatcly from and after its passage by
oftIle City cd'Baytown.
01C Cit)' COLHICil
INTRODUCE'D, READ and PASSED by theaffitrinative vote? )ftlic City Council of the
City ot'R,"tytown this the 13'r'day of January, 2011. A
RYSCI-1, City-Clerk
APPROVED AS 1'0 FORM:
Ito r 'i iev
IGNACIO RANUREZ, Sit.. C ty
ep, Lm
S
cat I I'.- y�A E u r I F g a "n )t y Co 13 rVc a IJa I al ": cs' J an" ar C doc
DONCARLOS, NMayor
Exhibit "N'
INTERLOCAL AGREEMENT FOR THE PROVISION OF
WATER AND WASTEWATER SERVICES
TO CERTAIN PROPERTY
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This Interlocal Agreement for the Provision of Water and Wastewater Services to Certain
Property (the "Agreement ") is made by and between the CITY OF BAYTOWN, a municipal corporation
located in Harris and Chambers Counties, Texas, (the "City') and CHAMBERS COUNTY
IMPROVEMENT DISTRICT NO. 1, a body politic and corporate and a political subdivision of the State
of Texas, operating pursuant to Chapter 566, Act of the 73'd Legislature of the State of Texas, (the
"District "). For and in consideration of the mutual covenants herein contained, it is agreed as follows:
Article 1.
District's Responsibilities.
1.01 Purchase Water. Subject to the terms and conditions of the Water Supply Contract
between the City and the District dated May 23, 2007, the District agrees to purchase from the City the
District's treated water requirements for resale to the owner of the property more particularly described in
Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes (the
"Property "). Such sale shall commence on the date on which the condition precedent detailed in Section
1.04 is satisfied and throughout the term of such water supply contract and any extension or renewal
thereof.
1.02 Sale of Retail Utilities. The District agrees to provide retail water and wastewater
services to the Property commencing on the date the condition precedent detailed in Section 1.04 are
satisfied and throughout the term of such water supply contract and any extension or renewal thereof.
Such retail sale shall be subject to the same general terms and rates applicable to the District's customers,
which are reflected in the District's Rate Order, as amended from time to time.
1.03 No Obligation. The owner of the Property, not the District, shall bear the costs of
extending any lines to the boundaries of the Property, payment of all fees and charges levied by the
District including the District's tap fees, and the construction of all internal infrastructure, including (but
not limited to) distribution lines, connections, and a lift station.
1.04 Condition-Precedent. Prior to the District being obligated to provide retail water and
wastewater services pursuant to this Agreement, the District shall receive from the owner of the Property
a one -time payment in an amount calculated pursuant to Article IV "Impact Fees," Chapter 114 of the
Code of Ordinances, Baytown, Texas, as may hereinafter be amended. Said payment will be calculated
based upon the rate in effect at the time of payment.
Intedocal Agreement for the Provision of Water
and Wastewater Services to Certain Proaerty. Page I
Article H.
City's Responsibilities.
2.01 Sell Water. Subject to the terms and conditions of the Water Supply Contract between
the City and the District dated May 23, 2007, the City agrees to sell and deliver (or cause to be delivered)
to the District, the District's water requirements of treated water for the District's service to the Property.
2.02 Implet ees. In consideration of the District's providing retail water and wastewater
services to the Property, the City shall pay itself the water impact fees required to be paid by the District
for the new development on the Property pursuant to Section 5.01 of the Water Supply Contract and
pursuant to Article IV, Chapter 114 of the Code of Ordinances, Baytown, Texas.
Article III.
Term.
3.01 T= l. This Agreement shall commence on the date of the execution of this Agreement
by the City Manager, shall thereafter remain in full force and effect unless terminated for cause.
3.02 Termination. A party may terminate its performance under this Agreement only upon
default by the other party. Default by a party shall occur if the party fails to perform or observe any of
the terms and conditions of this Agreement required to be performed or observed by that party. Should
such a default occur, the party against whom the default has occurred shall have the right to terminate all
or part of its obligations under this contract as of the 30`' day following the receipt by the defaulting
party of a notice describing such default and intended termination, provided: (1) such termination shall
be ineffective if within said 30-day period the defaulting party cures or has commenced the cure of the
default, or (2) such termination may be stayed, at the sole option of the party against whom the default
has occurred, pending cure of the default.
3.03 Force Majeure. Any prevention, delay, nonperformance, or stoppage due to any of the
following causes shall excuse nonperformance for the period of any such prevention, delay,
nonperformance, or stoppage, except the obligations imposed by this Agreement for the payment of
funds allocated for the District's programs. The causes referred to above are strikes, lockouts, labor dis-
putes, failure of power, acts of God, acts of public enemies of this State or of the United States, riots,
insurrections, civil commotion, inability to obtain labor or materials or reasonable substitutes for either,
governmental restrictions or regulations or controls, casualties or other causes beyond the reasonable
control of the party obligated to perform.
Article IV.
General Conditions
4.01 Amendment. By this Agreement, the parties understand and agree that the definition of
"Service Area" contained in the Water Supply Agreement between the City and the District dated
May 23, 2007, is hereby amended to include the Property.
4.02 Compliance with Applicable Laws. The parties hereto shall comply with all rules,
regulations, and laws of the United States of America, the State of Texas, and all laws, regulations, and
ordinances of the City of Baytown as they now exist or may hereafter be enacted or amended.
4.03 No Assignment. Neither the City nor District shall sell, assign, or transfer any of its
rights or obligations under this Agreement in whole or in part during the term hereof.
Interlocal Anocement for the Provision of Water
and Wastewater Services to Certain Propy. Page 2
4.04 No Partnership. District and the City expressly agree and understand that this Agreement
shall not create a partnership or joint venture between the Owners and the City.
4.05 Notice. All notices required or permitted hereunder shall be in writing and shall be
deemed delivered when actually received or, if earlier, on the third day following deposit in a United
States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt
requested) addressed to the respective other party at the address described below or at such other address
as the receiving party may have theretofore prescribed by notice to the sending party:
District
Chambers County Improvement District No. I
c/o Smith, Murdaugh, Little & Bonham, L.L.P
1100 Louisiana Street, Suite 400
Houston, TX 77002
Fax: (713) 652-65 15
City
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, Texas 77522 -0424
Fax: (281) 420 -658
4.06 No Arbitration. Notwithstanding anything to the contrary contained in this Agreement,
City and District hereby agree that no claim or dispute between City and District arising out of or relating
to this Agreement shall be decided by any arbitration proceeding including, without limitation, any
proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1 -14), or any applicable state arbitration
statute, including, but not limited to, the Texas General Arbitration Act, provided that in the event that
City is subjected to an arbitration proceeding notwithstanding this provision, District consents to be
joined in the arbitration proceeding if District's presence is required or requested by City for complete
relief to be recorded in the arbitration proceeding.
4.07 Non - waiver. Failure of either party hereto to insist on the strict performance of any of
the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of
performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate
remedy, strict compliance with any other obligation hereunder to exercise any right or remedy occurring
as a result ofany future default or failure of performance.
4.08 Choice of Law/Venue, This Agreement shall in all respects be interpreted and construed
in accordance with and governed by the laws of the State of Texas, regardless of the place of its execution
or performance. The place of making and the place of performance for all purposes shall be Baytown,
Harris County, Texas.
4.09 Severab' i . All parties agree that should any provision of this Agreement be determined
to be invalid or unenforceable, such determination shall not affect any other term of this Agreement,
which shall continue in full force and effect.
4.10 Cantions. The captions of the sections and subsections, if any, of this Agreement are for
convenience and ease of reference only and do not define, limit, augment or describe the scope, content or
' intent of this Agreement or of any part or parts of this Agreement.
Inter oval Agmeemenj for the Provision of Water
and Wastewater Services to Certain Property_ Page 3
4.11 InteERretation of Agreement. In the event of any ambiguity in any of the terms of this
Agreement, it shall not be construed for or against any parry hereto on the basis that such party did or did
not author the same.
4.12 Entire Agreement. This Agreement contains all the agreements of the parties relating to
the subject matter hereof and is the full and final expression of the agreement between the parties. This
Agreement shall not be amended or modified without the express written consent of both parties hereto.
4.13 Authority. The officers executing this Agreement on behalf of the parties hereby
represent that such officers have full authority to execute this Agreement and to bind the party he/she
represents.
IN WITNESS WHEREOF, the parties have made and executed this contract in multiple copies,
each of which shall be an original and effective on the date of the execution of this Interlocal Agreement
by the City Manager.
CITY OF BAYTOWN
GARRISON C. BRUMBACK
City Manager
CHAMBERS COUNTY IMPROVEMENT
DISTRICT NO.1
e
Signature
I a zrz t cw ;t7'
Printed Name
Date
r ,>
i��
Title
ATTEST: ATTEST:
LETICIA BRYSCH Signature
City Clerk
Printed Name
S�-- c
Title
APPROVED AS TO FORM: APR V TO FORM:
IGNACIO RAMIREZ, SR. JAME D. II NI•IAM
City Attorney Attomc for the District
RArareffilciTaniracLOCCID & aatge Tenninal PmpertyN nterloca lAgreetmnt4utilitict26ar6e rcmzinairFoperty doc
Interlocal Agreement for the Provision of Water
and Wastewater Serviccs to Certain Propgrty, Page 4
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