Ordinance No. 13,073ORDINANCE NO. 13, 073
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE THIRD CONTRACT AMENDMENT TO THE
UNTREATED WATER SUPPLY CONTRACT BETWEEN THE BAYTOWN
AREA WATER AUTHORITY AND THE CITY OF HOUSTON TO
INCREASE CONTRACT QUANTITIES AND TO ADD AN ADDITIONAL
POINT OF DELIVERY; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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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
Third Contract Amendment to the Untreated Water Supply Contract between the Baytown Area
Water Authority and the City of Houston to increase contract quantities and to add an additional
point of delivery. 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. Z7
INTRODUCED, READ and PASSED by the affirmaX vote of the City Council of the
City of Baytown this the 10th day of December, 2015. A
APPROVED AS TO FORM:
I NA CIO RAMIREZ, SR., C& Attorney
H. DONCARLOS,
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R:1Karer0Fi1es%City Council %Ordinances\2015`December IO\ApproveBAWACOH3rdAmendment .doc
Exhibit "A"
THIRD CONTRACT AMENDMENT
TO THE UNTREATED WATER SUPPLY CONTRACT
THIS THIRD CONTRACT AMENDMENT TO THE UNTREATED WATER SUPPLY
CONTRACT ( "Third Amendment ") is made and entered into by and between the CITY OF
HOUSTON, TEXAS ( "Seller "), and the BAYTOWN AREA WATER AUTHORITY ('Buyer ")
WITNESSETH
WHEREAS, Seller and Buyer entered into Contract No. 34739 on or about October 24,
1994, for the purchase of untreated water ( "Untreated Water Supply Contract "); and
WHEREAS, Seller and Buyer entered into a Contract Amendment to the Untreated Water
Supply Contract on or about January 3, 2005 ( "First Amendment "); and
WHEREAS, Seller and Buyer entered into the Second Contract Amendment to the Untreated
Water Supply Contract on or about February 28, 2007 ( "Second Amendment "); and
WHEREAS, Buyer desires to add an additional point of delivery for its proposed east water
plant location and to increase the Contract Quantity by 6 million gallons per day ( "MGD "), to be
delivered to said point of delivery; and
WHEREAS, Seller is agreeable to adding an additional point of delivery and increasing the
Contract Quantity by 6 MGD, to be delivered to said point of delivery; and
NOW, THEREFORE, for and in consideration of the premises and mutual covenants and
agreements herein contained, the parties hereby agree as follows:
I.
The definition of the "Point of Delivery" is hereby amended to include the additional
location, in Texas coordinates, to which Seller agrees to deliver Untreated Water to Buyer as more
particularly described in Exhibit "A -1," which is attached hereto and incorporated herein for all
intents and purposes.
Third Contract Amendment to the Untreated Water Supply Contract, Page i
II.
The definition of the "Point of Measurement" is hereby amended to include the additional
location of the meter(s) at which Buyer's consumption of water is measured and which is more
particularly described in Exhibit "A -l."
III.
Section 2.1 of the Untreated Water Supply Contract is hereby amended to increase the
Contract Quantity (as defined therein) to 26 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 6 MGD at the Point of Delivery shown in Exhibit "A -1."
IV.
The Untreated Water Supply Contract, the First Amendment, the Second Amendment, and
this Third Amendment are the entire agreement of the parties. In the event of any conflict between or
among these documents, the provisions of this Third Amendment shall control.
IN WITNESS WHREOF, the parties have signed this Third 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.
CITY OF HOUSTON, TEXAS
( "Seller ")
0
ANNISE D. PARKER, Mayor
BAYTOWN AREA WATER AUTHORITY
( "Buyer ")
BRENDA BRADLEY SMITH, President
Third Contract Amendment to the Untreated Water Supply Contract, Page 2
ATTEST:
ANNA RUSSELL, City Secretary
APPROVED:
Director, Department of Public Works and Engineering
APPROVED AS TO FORM:
Sr. Assistant City Attorney
LD. File No.
COUNTERSIGNED:
RONALD C. GREEN, City Controller
DATE OF COUNTERSIGNATURE
ATTEST:
LETICIA BRYSCH, Assistant Secretary
Ri Karen Files\BAWA`,City of Houston Contract ApprovalWGR Untreated Water Contract BAWA Third Amendment (11- 24 -15) SLC.docx
Third Contract Amendment to the Untreated Water Supply Contract, Page 3
i
APPENDIX A -1
BAWA EAST - SWTP
6 MGD
Miles
0 0.05 0.1 0.2 0.3 0.4
The point represents both the
Point of Measurement
and Point of Delivery
3274064.668, 13841871.251
(NAD 83 - Texas South Central)
Date 12/2/2015