Ordinance No. 12,507ORDINANCE NO. 12,507
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN AMENDMENT TO THE AMENDED AND
RESTATED WATER SUPPLY CONTRACT WITH THE BAYTOWN AREA
WATER AUTHORITY; 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 an
amendment to the Amended and Restated Water Supply Contract with the Baytown Area Water
Authority. 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. /Z;/"
INTRODUCED, READ and PASSED by the affirmati e vote of the City Council of the City of
Baytown this the 27th day of March, 2014. 11�
DONCARLOS, Mayor
ATTEST:
CIA BRYSCH, City
APPROVED AS TO FORM.
o�PYT0 Wv f
•
RAKaren\Files\City CounciPOrdinances\2014\March 27\BAWAContractAmendment.doc
Exhibit "A"
CONTRACT AMENDMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
This CONTRACT AMENDMENT ("the Amendment") is made and entered into by and between
the Baytown Area Water Authority, a governmental entity and body politic and corporate, which is
situated and has its principal office at Baytown, Harris County, Texas (`BAWA") and the City of
Baytown, Texas, a municipal corporation and home -rule city, which is principally situated and has its
City Hall in Harris County, Texas ("City").
WITNESSETH
WHEREAS, the City and the BAWA entered into a Water Supply Contract — Treated Water
dated January 31, 1977; and
WHEREAS, thereafter on November 6, 1997, such agreement was amended and restated (the
"Amended and Restated Water Supply Contract") in order to extend the term of the agreement and to
incorporate all amendments and supplements; and
WHEREAS, on January 3, 2005, BAWA amended its Water Supply Contract with the City of
Houston to extend the term of the contract and increase the contract quantity; and
WHEREAS, the City and BAWA amended its Water Supply Contract — Treated Water with the
City of Baytown (the "First Amendment") to extend the term of the contract and increase the contract
quantity, which amendment was effective on January 3, 2005; and
WHEREAS, on February 23, 2012, the City and BAWA clarified the First Amendment regarding
the extension of the termination date of the Amended and Restated Water Supply Contract (the "Second
Amendment"); and
WHEREAS, the City and BAWA desire to increase the contract quantity again based upon the
results of the City's alternative capacity requirement approved by the Texas Commission on
Environmental Quality by executing this Contract Amendment to the Water Supply Contract — Treated
Water (the "Third Amendment");
NOW, THEREFORE, for and in consideration of the premises and mutual covenants and
agreements herein contained, the parties hereby agree as follows:
I.
Section 2.01 of the Amended and Restated Water Supply Contract is amended by increasing the
Contract Quantity (as defined therein) to 16 million gallons per day.
II.
This Third Amendment shall become effective on March 27, 2014.
Contract Amendment, Page I
The Amended and Restated Water Supply Contract between the parties hereto and the First
Amendment, the Second Amendment and this Third Amendment are the entire agreement of the parties.
In the event of any conflict between a provision of the Amended and Restated Water Supply Contract and
the amendments, the order of priority of documents is as follows:
1. Third Amendment;
2. Second Amendment;
3. First Amendment; and
4. Amended and Restated Water Supply Contract.
IN WITNESS WHEREOF, the parties hereto have signed 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
contract.
BAYTOWN AREA WATER AUTHORITY
BAYTOWN, HARRIS COUNTY, TEXAS
(`BAWA")
BRENDA BRADLEY SMITH, President
ATTEST:
LETICIA BRYSCH, Assistant Secretary
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., General Counsel
CITY OF BAYTOWN, TEXAS
("Cin,,')
STEPHEN H. DONCARLOS, Mayor
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
RAKaren\Files\Contracts\BAWA Contract with the City of Baytown\ThirdContractAmendment.doc
Contract Amendment, Page 2