Ordinance No. 16,355 (Item 8.u.)ORDINANCE NO. 16,355
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE FIRST AMENDMENT TO THE TREATED WATER
SUPPLY CONTRACT WITH CEDAR BAYOU PARK UTILITY DISTRICT;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
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 December 10, 2025, the Board of Directors of BAWA met and decided to
approve the First Amendment to the Treated Water Supply Contract with Cedar Bayou Park Utility
District, subject to the approval of the City of Baytown; and
WHEREAS, the City of Baytown desires to approve the First Amendment to the Treated
Water Supply Contract with Cedar Bayou Park Utility District; 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 Treated Water Supply Contract with Cedar Bayou Park Utility District to extend
the contract term. 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
of Baytown this the 1 lth day of December, 2025. A
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ANGELA-)J CKSON, City Clerk
APPROVIID A TO FORM:
SCOTT L' 4MOND, City Attorney
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of the City Council of the City
R:\Ordinances and Resolutions\Ordinance Drafts\2025-12-11\0rdinance Approving First Amendment to Treated Water Supply Contract with Cedar
Bayou Park Utility District.kh.docx
EXHIBIT "A"
First Amendment to the
Water Supply Contract -- Treated Water
Cedar Bayou Park Utility District
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 Cedar Bayou Park Utility District f/k/a C&R Water
Supply situated in Harris County, Texas, having a mailing address of 2150 TOWN SQUARE PL
STE 400 SUGARLAND, TX 77479-1465, hereinafter referred to as the "District" 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 August 17, 2006, hereinafter referred to as the "Contract," in order for BAWA to supply and
District to receive treated water not exceeding a monthly average of 0.0500 million gallons of water
per day; and
WHEREAS, District has requested that the contract term be extended to December 31, 2055;
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 a different meaning clearly appears from the context, words and phrases
as used in this First Amendment shall have the same meanings as in the Agreement.
2. Amendment.
a. 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, 2055, at 8:00 a.m.
b. Section 14.01 of Article X1V "ADDRESSES AND NOTICES" of the
Contract is hereby amended to add Eric Sabolsice as the District's contact for
notice as follows:
First Amendment to the Water
Supply Contract -- Treated Water, Page 1
14.01 . . . . Until BAWA is otherwise notified in writing by
DISTRICT, the address of DISTRICT is and shall remain as follows:
Cedar Bayou Park Utility District
c/o: Texas Water Utilities LP
Attn: Eric Sabolsice (President)
Texas Water Utilities, L.P.
2150 Town Square Place, Suite 400
Sugar Land, TX 77479
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
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
, 2025, the date of execution by the President of the
Board of Directors of the Baytown Area Water Authority.
BAYTOWN AREA WATER AUTHORITY
BRENDA BRADLEY SMITH, President
ATTEST:
First Amendment to the 1yater
Supply Contract -- Treated Water, Page 2
ANGELA JACKSON, Assistant Secretary
APPROVED AS TO FORM:
SCOTT LEMOND, General Counsel
First Amendment to the Water
Supply Contract -- Treated Water, Page 3
CEDAR BAYOU PARK UTILITY DISTRICT
1
Signature
Printed Name
<I ---
Title
STATE OF TEXAS §
COUNTY OF HARRIIS
Before me, a{-t� r the undersigned not ry public, on this day
personally appeared fr;� o��s%G�inhis/herc/apacityas �%_ofEe/rrntry /� L
IC•00 �C� �Lt VA' le (/t7ll/ t/�%/
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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 I
(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,,.2/ay of , 2025.
� rjiY YP& LAURA C. WARREN B/�'
Lo:Notary Public, State of Texas
Comm. Expires 11-18 2029 Notary Public in and for the State of Texas
Notary ID 4895144
My commission expires: IS—�2?0a9
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
First Amendment to the Water
Supply Contract -- Treated Water, Page 5
First Amendment to the Water
Supper Contract -- Treated Water, Page 6