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Ordinance No. 15,556 ORDINANCE NO. 15,556
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE FOURTH CONTRACT AMENDMENT TO THE
UNTREATED WATER SUPPLY CONTRACT BETWEEN THE BAYTOWN
AREA WATER AUTHORITY AND THE CITY OF HOUSTON TO INCREASE
CONTRACT QUANTITIES; 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, Texas, hereby approves the
Fourth Contract Amendment to the Untreated Water Supply Contract between the Baytown Area
Water Authority and the City of Houston to increase contract quantities. A copy of such
amendment is attached hereto 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 28`h day of September,
NDON CAPETILLO, ayor
ATTEST: `�rYTO%v A
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ANGEL ACKS ;`pity CIerl
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APPROVED AS T F ;1
SCOTT LEMO M, City Attorney
R:Karen Anderson.ORDINANCES\2023\2023.09.28\ApproveBAWACOH4thAmendment.doc
EXHIBIT "A"
FOURTH CONTRACT AMENDMENT TO AN
UNTREATED WATER SUPPLY CONTRACT BETWEEN THE CITY OF HOUSTON AND
BAYTOWN AREA WATER AUTHORITY
THIS FOURTH CONTRACT AMENDMENT ("the Fourth Amendment") is made
and entered into by and between the City of Houston,Texas("Seller"),and the Baytown Area
Water Authority('Buyer").
RECITALS:
1. WHEREAS, Seller and Buyer entered into Contract No. 34739 on or about
October 24, 1994, for the purchase of untreated water("Water Supply Contract");
and
2. WHEREAS, Seller and Buyer entered into an amendment to the Water Supply
Contract on or about January 3, 2005 ("First Amendment"); and
3. WHEREAS, Seller and Buyer entered into an amendment to the Water Supply
Contract on or about February 28, 2007 ("Second Amendment");
4. WHEREAS, Seller and Buyer entered into an amendment to the Water Supply
Contract on or about February 24, 2016, to add an additional point of delivery for
its proposed east water plant location,to increase its Contract Quantity by six(6)
million gallons per day ("MGD")("Third Amendment"); and
5. WHEREAS, Buyer desires to increase its Contract Quantity amount at its east
water plant location to 12 MGD which would result in a new ultimate Contract
Quantity increase to 32 MGD;
NOW, THEREFORE, for and in consideration of the premises and mutual covenants
and agreements herein contained,the parties hereby agree as follows:
I.
Section 2.1 of the Untreated Water Supply Contract is hereby amended to increase
the Contract Quantity(as defined therein)to 32 MGD,which shall be delivered by Seller to
Buyer as follows:20 MGD at the Point of Delivery shown in Exhibit"A,"which is attached
to the Untreated Water Supply Contract, and 12 MGD at the Point of Delivery shown in
Exhibit"A-V of the Third Amendment.
TI.
The Untreated Water Supply Contract, the First Amendment, the Second
Amendment, the Third Amendment, and this Fourth Amendment are the entire agreement
of the parties. In the event of any conflict between or among these documents, the
provisions of this Fourth Amendment shall control.
IN WITNESS WHEREOF, the parties have signed this Fourth Amendment in
multiple copies, each of which shall be deemed an original,but all of which shall constitute
but one and the same contract, as of the date of countersignature.
WITNESS(if not a corporation): BAYTOWN AREA WATER AUTHORITY
By: By:
Name: Name:
Title: Title:
[City signature page follows]
ATTEST/SEAL: CITY OF HOUSTON,TEXAS
Signed by:
City Secretary Mayor
APPROVED: COUNTERSIGNED BY:
Director City Controller
Houston Public Works
APPROVED AS TO FORM: DATE COUNTERSIGNED:
Sr. Assistant City Attorney
L.D. File No.