Ordinance No. 15,852 ORDINANCE NO. 15,852
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE FIRST AMENDMENT TO THE WATER SUPPLY
CONTRACT - TREATED WATER BETWEEN THE BAYTOWN AREA WATER
AUTHORITY AND HARRIS COUNTY FRESH WATER SUPPLY DISTRICT I-
A; 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("BAWA") enters into the same; and
WHEREAS, on June 19, 2024, the Board of Directors of BAWA met and decided to approve
a Water Supply Contract Treated Water between BAWA and Harris County Fresh Water Supply
District 1-A, subject to the approval of both the City of Baytown and the City of Houston; and
WHEREAS, the proposed agreement is similar to that executed between BAWA and the City
of Baytown and is consistent with the requirements contained in BAWA's agreement with the City
of Houston; and
WHEREAS, this amendment increases the Contract Quantity from a monthly average of
0.1652 million gallons of water per day to a daily average of 0.3897 million gallons of water per day;
and
WHEREAS, the City of Baytown desires to approve the Water Supply Contract Treated
Water between BAWA and Harris County Fresh Water Supply District 1-A; NOW THEREFORE,
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 First
Amendment to the Water Supply Contract Treated Water between the Baytown Area Water
Authority and Harris County Fresh Water Supply District 1-A to increase the contract quantity. A
copy of said 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 271h day of June, 2024.
NDO ?CAPETItLO, Maybr
ATTEST:
A GELA CKSON, City Clerk
1
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°°D•'o ce c°°cr•�
APPROVED AS TO O 0
SCOTT LEMO 'D, City Attorney
R:.Vance Hinds'Ordinances 2024 2024.06.27'.Ordinance Authorizing BAWA Water Supply Contract First Amendment with Harris County Fresh Water
Supply District 1-A.docx
2
EXHIBIT "A"
First Amendment to the
Water Supply Contract -- Treated Water
Harris County Fresh Water Supply District 1-A
STATE OF TEXAS §
COUNTY OF HARRIS §
This First Amendment to that certain"Water Supply Contract--Treated Water"between the
Baytown Area Water Authority,a governmental agency and a body politic and corporate of the State
of Texas, created pursuant to Chapter 600, Acts of the 63rd Legislature, Regular Session, 1973,
hereinafter referred to as "BAWA," and the Harris County Fresh Water Supply District 1-A a
conservation and reclamation district and a governmental agency and political subdivision of the
State of Texas, operating under Chapter 49 and Chapter 54, Texas Water Code, as amended,
pursuant to article XVI, Section 59, of the Constitution of Texas, situated in Harris County,
Texas, having a mailing address of 1500 Lamar St. Suite 2000, Houston, Texas, 77010,
hereinafter referred to as the "District" (the "Amendment") is made and entered into by and
between the same parties on the date herein after last specified.
WHEREAS,District and BAWA entered into a Water Supply Contract--Treated Water,on
or about February 2007, hereinafter referred to as the"Contract," in order for BAWA to supply and
District to receive treated water not exceeding a monthly average of 0.1652 million gallons of water
per day; and
WHEREAS,District has requested that the Contract Quantity be increased to a daily average
of 0.3897 million gallons of water per day; and
WHEREAS, BAWA is willing to honor District's request upon the terms and conditions set
forth herein;
NOW THEREFORE,for and in consideration of the premises and the mutual covenants and
agreements herein contained, the parties hereto do hereby mutually agree as follows:
1. Definitions. Unless otherwise noted, words and phrases as used in this Amendment shall
have the same meanings as in the Contract.
2. Amendment.
a. Section 2.01 of Article II"SALE AND DELIVERY OF WATER"of the Contract is
hereby amended to read as follows:
2.01 Subject to the terms and conditions of this Contract,during the
Contract Term, BAWA agrees to sell and deliver(or cause to be delivered)to
DISTRICT, all of DISTRICT's water requirements of treated water at the
Points of Delivery at daily rates of delivery; and DISTRICT agrees to
First Amendment to the Water
Supply Contract--Treated Water, Page 1
purchase from BAWA, all of DISTRICT's treated water requirements for
resale at the Points of Delivery during the term of this Contract. It is
expressly agreed to and understood that BAWA shall not be obligated to
deliver to DISTRICT treated water in excess of the Contract Quantity which
shall be the daily average per day of 0.3897 MGD.
b. It is expressly understood and agreed that,commencing on July 1, 2026,the
quantities calculated in accordance with Section 2.01 and the capacities
reserved in Section 2.01 shall be adjusted annually to a quantity that equals
one hundred ten percent(11 Oo o) of the average number of MGD used in the
Service Area in the previous twelve (12) month period; provided that the
actual quantity does not exceed the quantity as calculated in accordance with
Section 2.01 and as specified therein.
C. Article IX "TERM" of the Contract 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.
d. Section 14.01 of Article XIV "ADDRESSES AND NOTICES" of the
Contract is hereby amended to add Reginald Wilson as the District's contact
for notice as follows:
14.01 . . . .
Until BAWA is otherwise notified in writing by DISTRICT, the
address of DISTRICT is and shall remain as follows:
Harris County Fresh Water Supply District No. 1-A
Attn: Reginald Wilson, Partner
Norton Rose Fulbright US LLP
1500 Lamar Street, Suite 2000
Houston, Texas 77010-4007
3, Generally.
3.01 Interpretation. This 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.
3.02 Captions. Captions contained in this Amendment are for reference only and,
therefore, have no effect in construing this Amendment. The captions are not
restrictive of the subject matter of any section in this Amendment.
3.03 No Waiver. By this Amendment, BAWA does not consent to litigation or suit, and
BAWA hereby expressly revokes any consent to litigation that it may have granted by
First Amendment to the Water
Supply Contract--Treated Water,Page 2
the terms of this Amendment, the Contract 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.
3.04 Construction. The provisions of this Amendment and the provisions of the Contract
should be read together and construed as one agreement, for this Amendment is
meant to supplement but not replace any provision in the Contract, except as
specifically noted herein.
IN WITNESS WHEREOF, the parties hereto have executed this 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 execution
by the President of the Board of Directors of the Baytown Area Water Authority.
BAVTOWN AREA WATER AUTHORITY
BRENDA BRADLEY SMITH, President
ATTEST:
ANGELA JACKSON, Assistant Secretary
APPROVED AS TO FORM:
SCOTT LEMOND, General Counsel
First Amendment to the Water
Sup I Contract--Treated Water, Page 3
HARRIS COUNTY FRESH WATER SUPPLY
DISTRICT NO. 1-A
u
Signature
Suzette Fretty
Printed Name
President
Title
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, Madeline Lopez the undersigned notary public, on this
day personally appeared Suzette Fretty in his her capacity as President of Harris
County Fresh Water Supply District No. IA.
known to me
proved to me on the oath of or
proved to me through his current
(description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person)
(check one)
to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that
he executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this 7th day of June , 2024.
-jl�d�L-A�
Notary Public in and for the State of Texas
��... MADEUNE LOPEZ
• Mowry Pubtic,State of Texas My commission expires: December 21, 2026
ID 013104CWj
�• conmkil"Erpin"
DECEMBER 21,2026
First Amendment to the Water
Supply Contract--Treated Water, Page 4
APPROVED AS CONFORMING TO
REQUIREMENTS OF CONTRACT NO.
34739, SECTIONS 9.2 AND 9.3
JOHN-THOMAS ("JT") FOSTER,
Assistant City Attorney
CITY OF HOUSTON
UScott%Contracts First Amendment Water Supply Contract Dist I-A 05-16-24.doc
First Amendment to the Water
Supply Contract--Treated Water,Page 5