Ordinance No. 14,004ORDINANCE NO. 14,004
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 l: 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 from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 24h day of January, 2019.
BRANDON CAPETILLO, Mayor
ATTE
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L TICIA BRYSCH City Clerk` t,' "`'j °`
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APPROVED AS TO FORM:
ACIO RAMIREZ, SR., Cfte Attorney
RAKarenTiles\City Council\Ordinances\2019Uanuary 24\BAWAContractAmendment.doc
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 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'"fhird Amendment"); and
WHEREAS, effective on January 18, 2017, the City and BAWA increased the contract quantity
to 21 MGD by executing this Contract Amendment to the Water Supply Contract — Treated Water (the
Fourth 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 "Fifth 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 22.7 million gallons per day.
Contract Amendment, Page 1
Exhibit "A"
This Fifth Amendment shall become effective on January 25, 2019.
The Amended and Restated Water Supply Contract between the parties hereto, the First
Amendment, the Sccond Amendment, the Third Amendment, the Fourth Amendment, and this Fifth
Amendment are the entire agreement of the panics. In the even 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:
I. Filth Amendment;
2. Fourth Amendment;
3. Third Amendment;
4. Second Amendment;
5. First Amendment; and
6. 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
BAYTOWN, HARRIS COUNTY, TEXAS
BAWA")
BRENDA BRADLEY SMrrH, President
APPROVED AS TO FORM:
CITY OF BAYTOWN, TEXAS
City")
C
BRANDON CAPETILLO, Mayor
LETICIA BRYSCII, City Clerk
APPROVED AS TO FORM:
RAMIREZ, SR.,
Contr et Ammd,,cm. Page 2 •
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