Ordinance No. 14,581ORDINANCE NO. 14,581
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE SECOND AMENDMENT TO THE WATER
SUPPLY AND WASTE DISPOSAL AGREEMENT WITH CHAMBERS
COUNTY IMPROVEMENT DISTRICT NO. 1; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section l: That the City Council of the City of Baytown hereby authorizes and
directs the City Manager to execute and the City Clerk to attest to the Second Amendment to the
Water Supply and Waste Disposal Agreement with Chambers County Improvement District
No. 1. Said amendment is attached 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 171h day of November
UON CAPETILLO, Mayor
APPROVED AS TO FORM:
VIA
KAREN L. HORNER, City Attorney
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R: Karen Homer DocumentsTiles.City Council Ordinances\2020 November 17\2ndAmendment2CCIDI WaterSupplyAgreement.docx
Exhibit "A"
SECOND AMENDMENT
TO THE
WATER SUPPLY AGREEMENT
BETWEEN
THE CITY OF BAYTOWN, TEXAS
AND
CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 1
STATE OF TEXAS
COUNTY OF HARRIS
This Second Amendment (the "Second Amendment") to that certain "Water Supply
Agreement between the City of Baytown, Texas, and Chambers County Improvement District No. 1,
dated May 23, 2007, 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 Improvement District
No. 1 (the "District") did enter into a Water Supply Agreement on May 23, 2007 (the "Agreement");
and
WHEREAS, on January 14, 2011, the parties amended the Agreement through the "Interlocal
Agreement for the Provision of Water and Wastewater Services to Certain Property" to expand the
Service Area (the "First Amendment"); and
WHEREAS, the District has requested that the capacity reserved be increased from 500,000
gallons per day average daily flow to 650,000 gallons per day average daily flow; and
WHEREAS, the City has considered the request and finds that the increase is reasonable and
within its ability to provide;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
Definitions. Unless a different meaning clearly appears from the context, words and phrases
as used in this Second Amendment shall have the same meanings as in the First Amendment
and the Agreement.
2. Amendments.
2.01 Article I, "Definitions," Section 1.07 "Service Area" of the Agreement is hereby
amended to read as follows:
1.07 "Service Area" shall mean the area within the boundaries of
the District as such boundaries are more particularly described in Exhibit "A,"
which is attached hereto and incorporated herein for all intents and purposes.
Second Amendment to the Water Supply Agreement, Page 1
2.02 Article II, "District's System," Section 2.05 "Points of Connection" of the Agreement
is hereby amended to read as follows:
2.05 Points of Connection. The District shall be permitted to make
connection to the City's system at the points shown in Exhibit "A". The
District may make such additional points of connection between the City's
System and the District's System as are approved in advance in writing by the
Director.
2.03 Article III, "Ownership, Operation and Maintenance of Systems," Section 3.03
"Outside Service Contracts" of the Agreement is hereby amended to read as follows:
3.03 Outside Service Contracts. The City agrees that should the
District desire to delegate responsibility for maintenance or for supervision of
its System to any individual or entity other than its own employees holding
any permit or certificate required by law, the District shall provide complete
contact information for such individual or entity to the City and shall have the
obligation to keep such information on file with the City updated at all times.
Failure to provide such information or keep such information updated shall
be considered an Event of Default. Any agreement for the operation or
maintenance of the District's System shall contain a clause terminating the
service agreement as to the District on the date of annexation of the District
by the City.
2.04 Article IV "Quantity and Capacity," of the Agreement is hereby amended to read as
follows:
ARTICLE IV.
QUANTITY AND CAPACITY
4.01 General. Subject to the terms and conditions of this
Agreement, 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 to the
Service Area as defined in Article I hereof and amended in the First
Amendment. 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 Service Area. The maximum amount of total Water that the
City shall be obligated to provide shall be no more than 650,000 gpd average
daily flow and no more than 750,000 gpd average daily flow at full build -out;
provided that such quantities do not exceed the rate of 400 gpd times the
actual number of equivalent single-family connections ("ESFC") calculated
pursuant to Chapter 114 of the Code of Ordinances, Baytown, Texas, as it
currently exists and as hereinafter amended. Any increase in quantity must be
approved in writing by the City's Director of Public Works and Engineering
but may not exceed 750,000 gpd average daily flow.
Second Amendment to the Water Supply Agreement, Page 2
4.02 Adjusted Ouantity. It is expressly understood and agreed that
the quantity specified in Section 4.01 and the capacity reserved in Section
4.03 shall be adjusted annually to a quantity that equals 110% of the average
annual water usage during the previous year; provided that such quantity does
not exceed the quantities specified in Section 4.01.
4.03 Capacity Reserved. The City covenants and agrees that the
City shall reserve for the benefit of the District the capacity in its water
supply facilities and in its treatment plant sufficient to supply and treat the
quantities established in Section 4.01 and adjusted in Section 4.02 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.
4.04 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.
4.05 Water for Commercial or Industrial Uses. The City and the
District agree that the Agreement is limited to the supply of potable water.
The City and the District acknowledge and agree that the Agreement in no
way limits or prohibits the District from obtaining untreated water rights or
an alternate source of untreated water supply for resale of or use of untreated
water within the Service Area for commercial or industrial purposes.
4.06 Minimum Ouantity. In no event will the quantity specified in
Section 4.01 or the capacity specified in Section 4.03 be reduced below the
minimum quantity or water system capacity requirements of the Texas
Commission on Environmental Quality as such requirements apply to the
District.
3. Interpretation. The provisions of this Second Amendment and the provisions of the First
Amendment and 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
Second Amendment and the provisions of the First Amendment and/or the Agreement, the
provisions of this Second Amendment shall control.
Second Amendment to the Water Supply Agreement, Page 3
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 , 2020.
DISTRICT
Chambers County Improvement District
No. 1
(Signature) (Date)
By:
(Printed Name)
(Title)
ATTEST:
(Signature)
(Printed Name)
(Title)
CITY
City of Baytown, Texas
BRANDON CAPETILLO, Mayor (Date)
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
KAREN L. HORNER, City Attorney
RAKaren Homer\Documents\Files Contracts Water & Wastewater Agreement Chambers County Improvement District No. 1\2ndAmendmentRevised11102020.pdf.doc
Second Amendment to the Water Supply Agreement, Page 4