Ordinance No. 14,711ORDINANCE NO. 14,711
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE WATER
SUPPLY AND WASTE DISPOSAL AGREEMENT WITH HARRIS COUNTY
MUNICIPAL UTILITY DISTRICT NO. 213-A; 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 hereby authorizes and
directs the City Manager to execute the First Amendment to the Water Supply and Waste
Disposal Agreement with Harris County Municipal Utility District No. 213-A. 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 22"d day of April, 2021
NDON CAPETILLO, Mayor
ATTEST:
AN
APPROVED AS TO FORM:
KAREN L. HORNER, City Attorney
R: Karen Homer DocumentslFiles City Council Ordmances 2021 April 22 Har isCotmtyMunicipalUtilityDatrictNo213-AIstAmendment2WaterSupplyAgreement doc
Exhibit "A"
FIRST AMENDMENT TO WATER SUPPLY AND WASTE DISPOSAL AGREEMENT
BETWEEN THE CITY OF BAYTOWN, TEXAS AND
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-A
This FIRST AMENDMENT TO WATER SUPPLY AND WASTE DISPOSAL
AGREEMENT (this "First Amendment") is entered into effective this day of ,
2020, between the CITY OF BAYTOWN, Texas, a municipal corporation and home -rule
city which is principally located in Harris County, Texas (the "City"), and HARRIS
COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-A, a body politic and corporate and a
political subdivision of the State of Texas organized under the provisions of Article XVI, Section
59 of the Texas Constitution and Chapters 49 and 54, Texas Water Code (the "District").
WITNESSETH:
Recitals
WHEREAS, the City and the District entered into that certain Water Supply and Waste
Disposal Agreement dated July 2, 2019 (the "Agreement"); and
WHEREAS, the City and the District desire to amend the Agreement to revise the amount of
water supply the City may be required to provide to correspond with the amount of capacity necessary
to serve platted subdivisions approved by the City.
AGREEMENT
NOW TI IEREFORE in consideration of the mutual covenants herein contained, and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by the parties hereto, the Districts have determined that they are authorized to
enter into this First Amendment pursuant to the Constitution and the laws of the State of Texas,
including particularly Texas Water Code section 49.213, the Regional Waste Disposal Act,
Chapter 30, Texas Water Code, and V.T.C.A., Government Code, Section 791 et. seq. and the
Districts agree to the terms and conditions hereinafter set forth, to -wit:
1. Section 1.02 of the Agreement is hereby amended, restated, and replaced, in its
entirety, by the following:
1.02 Exhibits. The following Exhibits attached or to be attached to this Agreement
are a part of the Agreement as though full incorporated herein:
015633.000001M32-2801-3264
Exhibit A
Industrial Waste Ordinance
Exhibit B
Service Area/District' s Territory
Exhibit C
District's Rate Order
Exhibit D
City's Present Water Service Ordinance
Exhibit E
City's Present Sewer Service Ordinance
Exhibit F
Amendatory Contract entered into by the City of Ilouston and the
San Jacinto River Authority
Exhibit G
Developer's Conceptual Land Use Plan
2. Section 4.1(a) of the Agreement is hereby amended, restated, and replaced, in its
entirety, by the following:
(a) Water. 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 Agreement for water services to be supplied
in the Service Area. 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
500.5 acres, subject to the limitation expressed hereinabove. The maximum amount of total
treated water that the City shall be obligated to provide shall be the alternate capacity
requirement assigned by the TCEQ to the District. As such, the District is here by required
to submit a request to obtain alternative capacity requirements from the TCEQ in
accordance with 30 TAC §290.45(g) within six months after it has acquired three (3) years
of data regarding the daily production of the District's water system. Until such alternative
capacity requirement is obtained, it is stipulated that the District's total treated water
requirements shall not exceed 800,000 gallons per day average daily flow. The City shall
not be required at any time during the term of this Agreement to provide more capacity
than is required to serve platted subdivisions that have been approved by the City. The table
below provides the expected platted subdivision names and associated capacity
requirements according to the developer's conceptual land use plan as of the date of this
Agreement (attached hereto as Exhibit "G"); however, the Parties agree that the subdivision
names and associated capacity requirements are subject to change as development plans
and market conditions change, and the names and amounts provided below may be freely
modified without the need for amendment to this Agreement, so long as the total capacity
requirement of the District does not exceed 800,000 gallons per day.
015633.000001 4832-2801-3264
Plat Capacity (ESFCs at 400 gpd/ESFC)
Wooster Crossing Section 1 63
Wooster Crossing Section 2 59
Wooster Crossing Section 3 64
Wooster Crossing Section 4 81
Ashbel Crossing Section 1 50
Ashbel Crossing Section 2 54
Ashbel Crossing Section 3 47
Ashbel Crossing Section 4 58
Ashbel Crossing Section 5 49
Ashbel Crossing Section 6 41
Goose Creek ISD Elementary School l 25
Sterling Point Section 1 1121
Sterling Point Section 2 103
Sterling Point Section 3 64
Sterling Point Section 4 - 100 —
Sterling Point Section 5 68
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Sterling Point Section 6 78 ? ,
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Sterling Point Section 7 104
Sterling Point Section 8 131
Sterling Point Section 9 100
Burnet Fields Section 1 70
015633.000001.4832-2801-3264
Burnet Fields Section 2 77
Burnet Fields Section 3 101
3. Exhibit "G" of this Amendment shall be added to the Agreement.
4. In the event of any inconsistency between any term or provision of the Agreement
and any term or provision of this First Amendment, the terms and provisions of this First
Amendment shall govern and control for all purposes and respects and the Agreement shall be
deemed amended so as to be consistent herewith.
5. Except as expressly amended and modified by this First Amendment, the
Agreement shall remain in full force and effect.
6. Defined terms contained herein shall have the meaning in the Agreement unless
otherwise specifically provided herein.
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015633.000001\4832-2801-3264
IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment in
multiple copies, each of equal dignity, as of the date and year set forth in this First Amendment.
HARRIS COUNTY MUNICIPAL UTILITLY
DISTRICT NO. 213-A
ATTEST: P61ident, Board of Di o
olJ v
Secretary, and o Directors
[Signature Page to First Amendment to Water Supply and Waste Disposal Agreement]
015633.000001A832-2801-3264
CITY
ATTEST:
RICHARD, L. DAVIS, City Manager (Date)
City of Baytown, Texas
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
KAREN HORNER, City Attorney
[Signature Page to First Amendment to Water Supply and Waste Disposal Agreement]
015633.000001%.4832-2801-3264
CONCEPTUAL LAND -USE PLAN
BAYTOWN CROSSINGS
HARRIS COUNTY. TEXAS
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