Ordinance No. 11,632ORDINANCE NO. 11,632
AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OFBAYTOWN,TEXAS,
AUTHORIZING AN INTE'RLOCAL AGREEMENT F'OR CAPACITY IN THE
OUTFALL DITC1 I WITH CI-IAM13ERS COUNTY MUNICIPAL UTILITY DISTRICT
NO. 1; AUTHORIZING I1AYME-'NT BY THE crry OF BAYTOWN IN THE'
AMOUNT Ol" TWENTY-SIX THOUSAND NINE HUNDRED SEVEN'FY-111REE
AND 33/100 DOLLARS ($26,973.33); MAKING OTHER PROVISIONS REILA"I't",l)
THEIREITO; AND PROVIDING FOR "I 11--l-FECTIVE DATETHEREOF.
131.1' ]T ORDAINED BY "T CITY COUNCIL OF THE CITY OF BAYTOWN,11"XAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby allthOriZeS tile City
Manager to execute all(] the City Clerk to attest to the Interlocal Agreement for Capacity in tile OLIttall
Ditch with Chambers COLHIty MLIDicipal Utility District No. 1, which is attached hereto as I-xhibit "A"
and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of' Baytown authorizes payment to Chambers
County Municipal Utility District No, I in the amount of' TWEWI'Y-SIX THOUSAND NINE
I IUNDRED SEVI,"1,'N'ry-TI IREE AND 33/100 DOLLARS ($26,973,33), pursuant to the Agreement.
Section 3: That the City Manager is hereby granted general authority to approve any change
order involving a decrease or an increase in costs of TWEN'I`Y-FIVI THOUSAND AND NO/100
[,)01,,,I,ARS ($25,0(10,00) or less; however, the original contract price illay not be increased by more than
twenty-five percent (25%) or decreased by more than twenty-five percent (25%) without the consent of
tile contractor to such decrease.
Section 4: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of'Baytown,
INTRODUCE'D, READ and PASSED by, the of vote of
Baytown this tile 28"' day of April, 2011 .
APPROVED AS TO FORM-
W/ " .,
RAkarenTiles\City Councfl\()rdinancc.��201 I'Atarn
ST
City Council of' tile City of
CARLOS, Mayor
INTERLOCAL AGREEMENT FOR CAPACITY IN THE
OUTFALL DITCH
STATE OF TEXAS
COUNTY OF HARRIS
§
§
§
This Interlocal Agreement for Capacity in the Outfall Ditch (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 MUNICIPAL UTILITY DISTRICT NO. 1, a body
politic and corporate and a political subdivision of the State of Texas, under the provisions of Article
XVI, Section 59 of the Texas Constitution and Chapters 49 and 54, Texas Water Code (the "District").
For and in consideration of the mutual covenants herein contained, it is agreed as follows:
Article I.
City's Responsibilities.
1.01 Construction. The City shall construct at its sole cost and expense the following drainage
improvements to the District's outfall channel to provide drainage relief to the residents of Julie Ann Villa
Subdivision:
1. Increase an existing 24-inch corrugated metal pipe (CGMP) to a 54-inch reinforced concrete
pipe (RCP), as more particularly depicted in Exhibit "A," which is attached hereto and
incorporated herein for all intents and purposes; and
2. Increase an existing 24-inch CGMP to a 48-inch CBMP, which is more particularly depicted
in Exhibit "B," which is attached hereto and incorporated herein for all intents and purposes.
1.02 Maintenance. The City shall be responsible for the maintenance of the improvements
described in Section 1.01 hereof at the District's outfall ditch depicted in Exhibits A and B.
1.03 Payment. In consideration of the privilege of discharging 17.33 drainage acres into the
District's outfall ditch, the City shall pay the District the sum of TWENTY-SIX THOUSAND NINE
HUNDRED SEVENTY-THREE AND 33/100 DOLLARS ($26,973.33) in accordance with Exhibit "C,"
which is attached hereto and incorporated herein for all intents and purposes.
Article II.
District's Responsibilities.
2.01 Outfall Ditch. In exchange for the payment specified hereinabove along with the
associated construction and maintenance responsibilities assumed by the City, the District hereby grants
the City the privilege of discharging 17.33 drainage acres of stormwater into the District's outfall ditch.
Interlocal Agreement for Capacity in the Outfall Ditch, Page 1
Article III.
Term.
3.01 Term. 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 30th 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. The causes referred to above are strikes, lockouts, labor disputes, 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 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.
4.02 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.
4.03 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.
4.04 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 Municipal Utility District No. 1
c/o Young & Brooks
1415 Louisiana Street, Floor 5
Houston, TX 77002
Fax: (713) 951-9605
lnterlocal Agreement for Capacity in the Outfall Ditch, Page 2
Cy
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, Texas 77522-0424
Fax: (281) 420-658
4.05 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.
4.06 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 of any future default or failure of performance.
4.07 Choice of LawNenue. 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.
4.08 Severability. 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.
4.09 Captions. 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.
4.10 Interpretation 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 party hereto on the basis that such party did or did
not author the same.
4.11 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.
4.12 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.
Interlocal Agreement for Capacity in the Outfall Ditch, Page 3
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
T D. LEIPER
City Manager
u --c -! /
Date
AT'DEST:
LE CIA
City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR.
City Attorney
CHAMBERS COUNTY MUNICIPAL
UTILITY DISTRICT NO. 1
Signature
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Printed Name
Title
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Title
APPROVED AS TO FORM:
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Interlocal Agreement for Capacity in the Outfall Ditch, Page 4
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Exhibit "C"
Julie Ann Villas Drainage Capacity Cost Breakdown
Chambers County MUD No. 1 - Drainage Area Breakdown
Area
Acres
Acreage that
Ultimately
Drains to
District Outfall
Ditch
Tract 1
90.2384
0
Tract 2
206.2848
206.2848
Tract 3
150.5783
150.5783
Tract 4
31.5178
31.5178
Total
478.6193
388.3809
Julie Ann Villas Subdivision - Drainage Area Breakdown
A total of 17.33 Acres will ultimately drain to the Chambers County MUD No.1 Outfall Ditch
Construction Cost for Chambers County MUD No. 1 Outfall Ditch
Pine Meadows Offsite Drainage Facilities $ 631,470.00 (1>
Notes:
(1) Construction cost was taken from Chambers County MUD No. 1 Bond Application No. 4
Calculation of Capacity Share of the Chambers County MUD No. 1 Outfall Ditch
CCMUD No, 1
Julie Ann Villas
Total
Drainage Area
(Ac)
388.3809
17.33
405.7109
Percentage
Share of
CCMUD No. 1
Outfall Ditch
95.7%
4.3%
100.0%
Cost Share of
CCMUD No.1
Outfall Ditch
$ 604,496.67
$ 26,973.33
$ 631,470.00
The Julie Ann Villa Subdivision share is $26,973.33