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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 �CC••°°°°°•p°Oo ° P ° ANGEL ACKS ;`pity CIerl ^VY 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.