Ordinance No. 13,401ORDINANCE NO. 13,401
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE FIRST AMENDMENT TO THE WATER SUPPLY CONTRACT —
TREATED WATER BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND
HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1; 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 Harris County Water Control and Improvement District
No. 1, 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 0.750 MGD to 0.850 MGD; and
WHEREAS, the City of Baytown desires to approve the Water Supply Contract—Treated Waterbetween
BAWA and Harris County Water Control and Improvement District No. 1; 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 First
Amendment to the Water Supply Contract — Treated Water between the Baytown Area Water Authority and
Harris County Water Control and Improvement District No. 1. 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 fr9rff and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmativeCity Council of the City of Baytown
vojEo the
this the 26th day of January, 2017. n
A
LETICIA BRYSCH,
APPROVED AS TO FORM:
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Ft7
Mayor
ACIO RAMIREZ, SR., qiAttorney
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Exhibit "A"
FIRST AMENDMENT
TO THE
WATER SUPPLY CONTRACT -- TREATED WATER
BETWEEN
BAY'TOWN AREA WATER AUTHORITY
AND
HARRIS COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO.1
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 Water Control
and Improvement District No. 1, dated September 17, 2003, 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 Water
Control and improvement District No. 1 ("BUYER") did enter into a Water Supply Contract —
Treated Water on September 17, 2003 (the "Agreement"); and
WHEREAS, BUYER 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. 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. 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 Tenn, BAWA agrees to sell and deliver (or cause to be delivered) to
BUYER, all of BUYER'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 BUYER'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 BAWA shall not be obligated to deliver to BUtER treated water
First Amendment, Page 1
in excess of the Contract Quantity which shall be the monthly average per day of
0.850 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 parry
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.
BAYTOWN AREA WATER AUTHORITY
RICHARD L. DAVIS, General Manager
ATTEST:
LETICIA BRYSCH, Assistant Secretary
First Amendment, Page 2
APPROVED AS TO FORM:
IGNACIO RAMIREZ.) SR., General Counsel
HARRIS CO
WATER CONTROL AND
IMPROVE
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APPROVED AS TO FORM:
(Signature)
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11COBFS011LcpNC=nWi cs\BAWA1Harsis County Water Control and Improvement DistrictTIRST AMENDMENT 4 KCWCID NO. 1 - 2017.doex
First Amendmen Page 3