BAWA Resolution No. 2017-04RESOLUTION NO. 2017-04
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA
WATER AUTHORITY AUTHORIZING THE FIRST AMENDMENT TO THE
WATER SUPPLY CONTRACT -- TREATED WATER WITH HARRIS COUNTY
FRESH WATER SUPPLY DISTRICT NO. 27 TO INCREASE CONTRACT
QUANTITY; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER
AUTHORITY:
Section 1: That contingent upon the approval of the City Council of the City of Baytown,
Texas, the Board of Directors of the Baytown Area Water Authority hereby authorizes the First
Amendment to the Water Supply Contract -- Treated Water with Harris County Fresh Water Supply
District No. 27 to increase contract quantity. A copy of the amendment is attached as Exhibit "A" and
incorporated herein for all intents and purposes.
Section 2: This resolution shall take effect immediately from and after its passage by the
Board of Directors of the Baytown Area Water Authority.
INTRODUCED, READ and PASSED, by the affirmative vote of the Board of Directors of the
Baytown Area Water Authority this the 18"' day of January, 2017.
A ST:
ETICIA BRYSCH, Assist ecretary
APP OVED AS TO FORM:
ACIO RAMIREZ, SR., Gen tyunsel
BRENDA BRADLEY SMITH, President
%%cobSOI\Iegat%KarenlFild%BAWAIResolution\2017Uanuary FirstAmendmentwithHarrisCountyFreshWaterSupplyDistrictNo.27.doc
Exhibit "A"
FIRST AMENDMENT
TO THE
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 First Amendment (the "First 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, DISTRICT desires to amend the Agreement in order to comply with certain
requirements of the Texas Commission on Environmental Quality;
WHEREAS, DISTRICT desires to amend the Agreement in order to comply with certain
requirements of the Texas Commission on Environmental Quality;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the parties hereto do hereby mutually agree as follows:
1 • Defim�tion.. 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. Article II, "Sale and Delivery of Water," Section 2.01 of the Agreement 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 purchase from
BAWA, all of DISTRICT's treated water requirements for resale at the Points of
First Amendment, Page 1
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 monthly average per
day of 0.5384 MGD.
3. Generally,
3.01 Interpretation. This First 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 First Amendment are for reference only
and, therefore, have no effect in construing this First Amendment. The captions
are not restrictive of the subject matter of any section in this First Amendment.
3.03 No Waiver. By this First 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 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.
3.04 Construction. The provisions of this First Amendment and the provisions of the
Agreement should be read together and construed as one agreement. In the event
of any conflict between a provision of the Agreement and the First Amendment,
the First Amendment shall control.
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 2017, the date of
signature by the General Manager of BAWA.
ATTEST:
LETI AA BRYSCH, Assistant Secretary
First Ammendmment Page 2
BAYTOWN AREA WATER AUTHORITY
tuc;HARD L. DAVIS, General Manager
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., General Counsel
ATTEST:
Agn�re)
Y1
(Pri d Name)
HARRIS COUNTY FRESH WATER SUPPLY
DISTRICT NO. 27
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Printed Name
Title
APPROVED AS TO FORM:
t�lptaturc)
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(Printed Name)
('title)
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First Amendment, Page 3