Ordinance No. 13,400ORDINANCE NO. 13,400
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE SECOND AMENDMENT TO THE WATER SUPPLY CONTRACT —
TREATED WATER BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND
COUNTRY TERRACE WATER CO, INC.; 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 Authority (`BAWA") enters into the same; and
WHEREAS, on January 18, 2017, the Board of Directors of BAWA met and decided to approve a Water
Supply Contract — Treated Water between BAWA and Country Terrace Water Co, Inc., 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 0.125 MGD to 0.150 MGD; and
WHEREAS, the City of Baytown desires to approve the Water Supply Contract—Treated Waterbetween
BAWA and Country Terrace Water Co, Inc.; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the recitals set forth hereinabove are hereby found to be true and correct
Section 2: That the City Council of the City of Baytown, Texas, hereby approves the Second
Amendment to the Water Supply Contract — Treated Water between the Baytown Area Water Authority and
Country Terrace Water Co, Inc. A copy of said amendment is attached hereto as Exhibit "A" and incorporated
herein for all intents and purposes.
Section 3: This ordinance shall take effect immediately &lVn and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vgte(of the City Council of the City of Baytown
this the 26'h day of January, 2017. � , A
H. DONCARLOS,
ATTE
!r+.
APPROVED AS TO FORM:
JGNACIO RAMIREZ, SR., C' Attomey
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Exhibit "A"
Second Amendment to the
Water Supply Contract -- Treated Water
Country Terrace Water Co., Inc.
STATE OF TEXAS
COUNTY OF HARRIS
This Second Amendment to that certain "Water Supply Contract -- Trcated Water" between
the Baytown Area Water Authority, a governmental agency and it body politic and corporate of the
State of"I'exas, created pursuant to Chapter 600, Acts of the 63rd Legislature, Regular Session, 1973,
hereinafter referred to as "BAWA," and the Country Terrace Water Co., Inc., a Texas corporation
having a mailing address of P.O. Box 24433, Houston, "Texas 77229, hereinafter referred to as
" C TW," is made and entered into by and between the same parties on the date herein after last
Specified.
WITNL1SSETH:
WHEREAS, CTW and BAWA entered into it Water Supply Contract —Treated Water, dated
September 28, 2001, hereinafter referred to as the "Contract," in order for BAWA to supply and
CTW to receive treated water not exceeding a monthly average of0.1 10 million gallons of water per
day: and
WHEREAS, on or about April 19, 2006, CTW and BAWA executed the First Amendment to
the Contract, which increased the Contract Quantity to a monthly average of 0.125 million gallons of
water per day; and
WHEREAS, CTW has requested that the Contract Quantity be increased again; and
WHEREAS, BAWA is willing to honor CTW's request upon the terms and conditions set
ibrth 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:
Definitions. Unless a different meaning clearly appears from the context, words and phrases
as used in this Second Amendment shall have the same meanings as in the Contract.
Amendment, Section 2.01 of Article 11 "Sale and Delivery of Water" of the Contract is
hereby amended to read as follows:
2.01 Subjeet to the terns and conditions ofthis Contract, during the
Contract Tenn, 13AWA agrees to sell and deliver (or cause to be delivered) to
CTW, all of C1'W's water requirements of treated water at the Points of
Second Amendment to clic Water
S�ply ConUact -- 't reutcd Watc r, L'tigc I
Delivery at daily rates of delivery; and CTW agrees to purchase from BAWA,
all of CTW'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 I3AWA shall not be obligated to deliver to CTW treated water in excess
of the Contract Quantity which shall be the monthly average per day of 0. 150
MGD.
3. Generally.
3.01 Interpretation. This Second 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 Second Amendment.
3.02 Captions. Captions contained in this Second Amendment are for reference only and,
therefore, have no effect in construing this Second Amendment. The captions are not
restrictive of the subject matter of any section in this Second Amendment.
3.03 No River. By this Second 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 Second 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 Second Amendment and the provisions of the
First Amendment and the Contract should be read together and construed as one
agreement. In the event of any conflict between a provision of the Contract and the
First Amendment, and the Second Amendment, the Second Amendment shall
control.
IN WITNESS WfIERCOF, the parties hereto have executed this Second 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 or___ _ _, 2017, the date of
execution by the General Manager of the Baytown Area Water Authority.
BAYTOWN AREA WATER AUTHORITY
RICHARD L.. DAVIS, General Manager
ATTEST:
LETICIA BRYSCH, Assistant Secretary
APPROVF_.D AS '1'O FORM:
Second Amendment toter
Sully Contract —Treated Water, Page 2
IGNACIO RAMIREZ, SR., General Counsel
COUNTRY TERRACE WATER CO., INC.
Signa'.
t
Printed Name�'-
.� I
1 � � tt �( !1•I _
STATE OF TEXAS & Title
COUNTY OF HARRIS
Before me, bl .S:t• ll -t' l l•(' t �l(_r _ the undersigned notary public, on this day
personally appeared U' t in his/her capacity asi1wvjc4 tr�,r.tc41.pfCountry
Terrace Water Co., Inc.
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 thisi, y
da of 2017.
yj
rl`It`')1V V""111" S''"" of 1`:X, Notary Public in and for the State offtexas
July 11, 201 El
My commission expires:
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