Ordinance No. 13,402ORDINANCE NO. 13,402
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 fro and after its passage by the
City Council of the City of Baytown. //
INTRODUCED, READ and PASSED by the affirmativevq of
the City Council of the City of
Baytown this the 26th day of January, 2017. 7 t
ATTE :
Ait id—�—
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
I NACIO RAMIREZ, SR., A orney
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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, effective on March 27, 2014, the City and BAWA increased the contract quantity
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"); and
WHEREAS, the City and BAWA desire to increase the contract quantity again by executing this
Contract Amendment to the Water Supply Contract — Treated Water (the "Fourth 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 21 million gallons per day.
Contract Amendment, Page 1
This Fourth Amendment shall become effective on January 18, 2017.
The Amended and Restated Water Supply Contract between the parties hereto, the First
Amendment, the Second Amendment, the Third Amendment and this Fourth 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. Fourth Amendment;
2. Third Amendment;
3. Second Amendment;
4. First Amendment; and
5. 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 CITY OF BAYTOWN, TEXAS
BAYTOWN, HARRIS COUNTY, TEXAS ("City")
("BAWA")
BRENDA BRADLEY SMITH, President
ATTEST:
LETICIA BRYSCH, Assistant Secretary
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., General Counsel
STEPHEN H. DONCARLOS, Mayor
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
11COBFS011Legal\Karcnll=iles\Contracts\BAWA Contract with the City of BaytownU-ourthContractAmendment.doc
Contract Amendment, Page 2