Ordinance No. 15,733 ORDINANCE NO. 15,733
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE THIRD AMENDMENT TO THE WATER SUPPLY CONTRACT--TREATED
WATER BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND HARRIS COUNTY
FRESH WATER SUPPLY DISTRICT NO. 27; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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WHEREAS,the Baytown Area Water Authority's enabling legislation requires that the City Council approve the
contract before Baytown Area Water Authority("BAWA")enters into the same; and
WHEREAS,on February 21,2024,the Board of Directors of BAWA met and approved the Third Amendment
to the Water Supply Contract --Treated Water between the Baytown Area Water Authority and Harris County Fresh
Water Supply District No. 27; and
WHEREAS,the City of Baytown desires to approve such amendment;NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the recitals set forth hereinabove are hereby found to be true and correct and are hereby
adopted.
Section 2: That the City Council of the City of Baytown,Texas,hereby approves the Third Amendment to
the Water Supply Contract--Treated Water between the Baytown Area Water Authority and Harris County Fresh Water
Supply District No. 27. Such amendment is attached hereto as Exhibit"A" and incorporated herein for all intents and
purposes.
Section 3: 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 February,2024
A �oF sNIT014/,y BRANDON CAPETILLO,Mayor
TEST:
A° U�
\ e
A GELA AC O Yty°clerk
APPROVED A TO,FORM:
SCOTT LEM ND, City Attorney
11:1ScotfOrdinanccs 24-02-22\3rd Am Watcr Supply Agt-HCFWSD#27.doc
EXHIBIT "A"
THIRD AMENDMENT TO WATER SUPPLY CONTRACT -
TREATED WATER BETWEEN BAYTOWN AREA WATER AUTHORITY
AND HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO. 27
STATE OF TEXAS §
COUNTY OF HARRIS §
This Third Amendment (the "Third Amendment") to that certain Water Supply Contract -
Treated Water between the Baytown Area Water Authority and Harris County Fresh Water Supply
District No. 27, dated March 8, 2007, is made by and between the same parties on the date
hereinafter last specified.
WITNESSETH:
WHEREAS, the Baytown Area Water Authority ("BAWA") and Harris County Fresh
Water Supply District No. 27 ("DISTRICT") did enter into a Water Supply Contract - Treated
Water on March 8, 2007 (the "Agreement"); and
WHEREAS, on January 27, 2017, the DISTRICT and BAWA amended the Agreement in
order to comply with certain requirements of the Texas Commission on Environmental Quality
(the "First Amendment"); and
WHEREAS, on June 16, 2021, the DISTRICT and BAWA amended the Agreement in
order to comply with certain requirements of the Texas Commission on Environmental Quality
(the "Second Amendment"); and
WHEREAS, the Agreement, including all amendments, expired on December 31, 2023;
and
WHEREAS, the DISTRICT and BAWA desire to extend the Agreement;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the parties hereto do hereby mutually agree as follows:
1. Definitions. Unless a different meaning clearly appears from the context, words and
phrases as used in this Third Amendment shall have the same meanings as in the First and
Second Amendments, and the Agreement.
2. Amendment. Article IX, "TERM" of the Agreement is hereby amended to read as
follows:
This Contract shall be in force and effect beginning on the date of execution by
BAWA until December 31, 2040 at 8:00 a.m.
3. Generally.
A. Interpretation. This Third Amendment has been jointly negotiated by the parties
hereunder and shall not be construed against a party hereunder because that party
may have assumed primary responsibility for the drafting of this Amendment.
B. Captions. Captions contained in this Third Amendment are for reference only and,
therefore,have no effect in construing this Third Amendment. The captions are not
restrictive of the subject matter of any section in this Third Amendment.
C. No Waiver. By this Third Amendment, BAWA does not consent to litigation or
suit,and BAWA hereby expressly revokes any consent to litigation that it may have
granted by the terms of this Third Amendment, the First Amendment, the
Agreement or any other contract or agreement or addenda, any charter, or
applicable state law. Nothing contained herein shall be constructed so as to limit
or waive BAWA's sovereign immunity.
D. Construction. The provisions of this Third Amendment and the provisions of the
First Amendment and the Agreement should be read together and construed as one
agreement. In the event of any conflict between a provision of the Agreement, the
First Amendment, and the Third Amendment, the Third Amendment shall control.
IN WITNESS WHEREOF, the parties hereto have executed this Third 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 , 2024,the date of
signature by the General Manager of BAWA.
BAYTOWN AREA WATER AUTHORITY
JASON E. REYNOLDS, General Manager
ATTEST:
ANGELA JACKSON, Secretary
APPROVED AS TO FORM:
SCOTT LEMOND, General Counsel
Third Amendment,Page 2
HARRIS COUNTY FRESH WATER SUPPLY
DISTRICT NO. 27
Signature
Printed Name
Title
ATTEST:
(Signature)
(Printed Name)
(Title)
APPROVED AS TO FORM:
(Signature)
(Printed Name)
(Title)
UScottTontracts 3rd Am HCFWSD NO.27.docx
Third Amendment,Page 3