Ordinance No. 14,742ORDINANCE NO. 14,742
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. 2; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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.
2. 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 10i1' day of June, 2021.
BRANDON CAPETILLO, Mayor
ATTEST:
Al OF
A
A GEL CKSON, Inter,. gity-jerk
APPROVED AS TO FORM:
KEN L. HORNER, City Attorney
R:\Karen HomenDocumcnts\Files\City Council\OrdinancesC1021`June 10\ I stAmendment2CCID2WaterSupplyAgreement.doe
Exhibit "A"
SECOND AMENDMENT TO
WATER SUPPLY AND WASTE DISPOSAL AGREEMENT
This Second Amendment to Water Supply and Waste Disposal Agreement (this "Second
Amendment") is entered into to be effective as of , 2021, by and between the City of
Baytown, Texas, a municipal corporation and home -rule city which is principally located in
Harris County, Texas and Chambers County, Texas (the "City"), and Chambers County
Improvement District No. 2., a special district created pursuant to Sections 52 and 52-a, Article
III, and Section 591) Article XVI, Texas Constitution (the "District").
RECITALS
WHEREAS, the City and the District entered into that certain Water Supply and Waste
Disposal Agreement (the "Agreement"), dated as of July 24, 2015 (the "Effective Date"),
pursuant to which the City agreed to provide water supply and waste disposal services to the
Service Area (as defined in the Agreement); and
WHEREAS, effective March 29, 2019, the City and the District amended the Agreement
to (i) extend the time period by which the District must apply for the ACR, (ii) include the land
to be annexed by the District in the Service Area, and (iii) deduct the amount of irrigation meter
usage in the District when calculating the District's wholesale wastewater service charge; and
WHEREAS, the City and the District desire to amend the agreement again to align the
capacity and quantity requirements to the needs of the District;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
here contained, the parties do hereby mutually agree as follows:
AGREEMENT
For and in consideration of the mutual covenants and terms contained herein and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the City and the District agree as follows:
Unless otherwise specifically set forth in this Second Amendment, all capitalized terms
herein shall have the meanings set forth in the Agreement.
2. Article IV "Quantity and Capacity" of the Agreement is hereby deleted in its entirety and
replaced with the following:
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ARTICLE IV
QUANTITY AND CAPACITY
4.01 uanti .
(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 Water, and the District agrees to purchase from
City the District's Water requirements for resale during the term of this
Agreement for water services to be supplied to the Service Area as defined
in Article I hereof. The District's total Water requirements shall mean the
total quantity of 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 200,000
gallons per day ("gpd") average daily flow and no more than 245,900 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 above the annual 110%
quantity adjustment set forth in Section 4.02 below must be approved in
writing by the City's Director of Public Works and Engineering, which
approval shall not be unreasonably withheld, but may not exceed 245,900
gpd average daily flow. Tile Director shall provide a written response to
the District within thirty (30) days of the District's written request for such
an increase.
(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
184,500 gallons per minute of capacity in the FM 565 Wastewater
Facilities, which consist of a wastewater force main and a section of
twelve -inch (12") gravity line from FM 565 to the District's territory.
4.02 Adjusted Quantity. 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
Second Amendment, Page 2
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.
3. This Second Amendment shall continue in full force and effect for the same period as the
Agreement.
4. Except as specifically amended in this Second Amendment, the First Amendment and the
Agreement shall remain in full force and effect in accordance with their terms and
conditions, which terms and conditions shall apply to this Second Amendment. In the
event of any conflict between this Second Amendment and the First Amendment and the
Agreement, the terms and conditions of this Second Amendment shall govern and
control.
5. This Second Amendment, the First Amendment and the Agreement embody the entire
agreement between the City and the District relative to the subject matter hereof and
thereof.
b. This Second Amendment may be executed simultaneously in counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same
instrument.
[SIGNATURES COMMENCE ON FOLLOWING PAGE]
Second Amendment, Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of this
day of
DISTRICT
(Signature)
By:
(Printed Name)
(Date)
(Title)
Chambers County Improvement District No. 2
ATTEST:
(Signature)
(Printed Name)
(Title)
APPROVED AS TO FORM:
(Signature)
(Printed Name)
(Title)
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CITY
RICHARD L. DAVIS (Date)
City Manager
City of Baytown, Texas
ATTEST:
ANGELA JACKSON, Interim City Clerk
APPROVED AS TO FORM:
KAREN L. HORNER, City Attorney
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