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Ordinance No. 5,518- HCFWSD #1A900426 -4 APPROVING AN ORDINANCE D AUTHORIZING A THIRD AMENDMENT TO THE CONTRACT BETWEEN HARRIS COUNT FRESH WATER SUPPLY DISTRICT • AND BAYTOWN ARE , PROVIDING WATER AUTHORITY; AND DA V, WHEREAS, the Board of Directors of Baytown Authority have approved - d - to a contract treated water to Harris County Fresh Water Supply copy of which is attached . and made a part hereof; and WHEREAS, the Baytown Area Water Authority desires that the City Council of the City of Baytown approve this third amendment to the Contract; NOW THEREFORE, BE IT ORDAINED THE CITY COUNCIL, OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of - City of Baytown, authorizes Texas, hereby approves and execution of „ third treated amendment to the + Fresh Water Supply District No. 1A and the Baytown Area Water - e4m= 0. HUTTO, Mayor THIRD AMENDMENT TO THE WHOLESALE WATER SUPPLY CONTRACT (TREATED WATER) BY AND BETWEEN BAYTOWN AREA WATER AUTHORITY AND THE HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO. IA THE STATE OF TEXAS COUNTY OF HARRIS This Third Amendment ( "Amendment ") to that certain "Wholesale Water Supply Contract, Treated Water" between the Baytown Area Water Authority and the Harris County Fresh Water Supply District No. 1A dated June 19, 1985, as amended by First Amendment dated July 16, 1986, and as amended by Second Amendment dated October 6, 1987, is made by and between the same parties on the date hereinafter last specified. W I T N E S S E T H: WHEREAS, the Baytown Area Water Authority ( "Seller ") and Harris County Fresh Water Supply District No. lA ( "Buyer ") did enter into a Wholesale Water Supply Contract, Treated Water on June 19, 1985, and amended July 16, 1986, and October 6, 1987, ( "Contract "); and WHEREAS, Seller and Buyer now desire to increase the minimum monthly quantity of treated water the Buyer is obligated to purchase; 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: EXH,,-,,,i I Unless a different meaning clearly appears from the context, words and phrases as used in this Amendment shall have the same meanings as in the Contract. II The provisions of Section 2.2 of the Contract, as amended, are hereby repealed, and a new Section 2.2 is hereby inserted to read in its entirety as follows: 2.2 Notwithstanding the provisions of Section 2.1 above, the minimum monthly quantity of treated water Buyer is obligated to purchase from Seller, or pay for, whether taken or not, shall be: .1652 MGD. To determine the minimum monthly quantities for Buyer, the minimum in terms of MGD (from the above tabulation) shall be multiplied by the number of days in the month. As used herein, "Initial Delivery" means the date on which Buyer is ready to receive treated water from Seller, but which in no event shall be later than June 1, 1986. III The provisions of this Third Amendment and the provisions of the Contract should be read together and construed as one agreement provided that, in the event of any conflict or inconsistency between the provisions of this Amendment and the provisions of the Contract or any prior Amendment, the provisions • of this Third Amendment shall control. -- 2 - IN WITNESS WHEREOFr Third Amendment in multiple to be an original, but all the same amendment, this 1990, the date of executio Water Authority. ATTEST: Secretary ATTEST: Secretary 5:5:19 :7 the parties hereto have executed this copies, each of which shall be deemed of which shall constitute but one and day of r n by the President of the Baytown Area BAYTOWN AREA WATER AUTHORITY President HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO. lA BY: - 3 - President THIRD AMENDMENT TO THE WHOLESALE WATER SUPPLY CONTRACT (TREATED WATER) BY AND BETWEEN BAYTOWN AREA WATER AUTHORITY AND THE HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO. IA THE STATE OF TEXAS COUNTY OF HARRIS This Third Amendment ( "Amendment") to that certain "Wholesale Water Supply Contract, Treated Water" between the Baytown Area Water Authority and the Harris County Fresh Water Supply District No. lA dated June 19, 1985, as amended by First Amendment dated July 16, 1986, and as amended by Second Amendment dated October 6, 1987, is made by and between the same parties on the date hereinafter last specified. W I T N E S S E T H: WHEREAS, the Baytown Area Water Authority ("Seller") and Harris County Fresh Water Supply District No. lA ("Buyer") did enter into a Wholesale Water Supply Contract, Treated Water on June 19, 1985, and amended July 16, 1986, and October 6, 1987, ("Contract") ; and WHEREAS, Seller and Buyer now desire to increase the minimum monthly quantity of treated water the Buyer is obligated to purchase; 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: I Unless a different meaning clearly appears from the context, words and phrases as used in this Amendment shall have the same meanings as in the Contract. II The provisions of Section 2.2 of the Contract, as amended, are hereby repealed, and a new Section 2.2 is hereby inserted to read in its entirety as follows: 2.2 Notwithstanding the provisions of Section 2.1 above, the minimum monthly quantity of treated water Buyer is obligated to purchase from Seller, or pay for, whether taken or not, shall be: .1652 MGD. To determine the minimum monthly quantities for Buyer, the minimum in terms of MGD (from the above tabulation) shall be multiplied by the number of days in the month. As used herein, "Initial Delivery" means the date on which Buyer is ready to receive treated water from Seller, but which in no event shall be later than June 1, 1986. III The provisions of this Third Amendment and the provisions of the Contract should be read together and construed as one agreement provided that, in the event of any conflict or inconsistency between the provisions of this Amendment and the provisions of the Contract or any prior Amendment, the provisions of this Third Amendment shall control. - 2 - IN WITNESS WHEREOF, the parties hereto have executed this Third 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 r _ day of , 1990, the date of execution by the President of the Baytown Area Water Authority. BAYTOWN AREA WATER AUTHORITY President ATTEST: Secretar HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO. lA President ATTEST: Secretary S:5 :19 :7 3 - r i i FOURTH AMENDMENT TO THE WHOLESALE WATER SUPPLY CONTRACT (TREATED WATER) BY AND BETWEEN BAYTOWN AREA WATER AUTHORITY AND THE HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO. lA THE STATE OF TEXAS § COUNTY OF HARRIS § This Fourth Amendment ( "Amendments ) to that certain OWholesale Water Supply Contract, Treated Waters between the Baytown Area Water Authority and the Harris County Fresh Water Supply District No. lA dated June 19, 1985 , as amended by First Amendment dated July 16, 1986, and as amended by Second Amendment dated October 6, 1987, and as amended by Third Amendment dated April 25, 1990, is made by and between the same parties on the date hereinafter last specified. W I T N E S S E T H: WHEREAS, the Baytown Area Water Authority (OSellers) and Harris County Fresh Water Supply District No. lA (mBuyers) did enter into a Wholesale Water Supply Contract, Treated Water on June 19, 1985, and amended July 16 , 1986 , October 6, 1987 , and April 25, 1990, (OContractO) ; and WHEREAS, Seller and Buyer now desire to extend the term of the contract; 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: r I Unless a different meaning clearly appears from the context, words and phrases as used in this Amendment shall have the same meanings as in the Contract. II The provisions of Article VIII of the Contract, as amended, are hereby repealed, and a new Article VIII is hereby inserted to read in its entirety as follows: ARTICLE VIII This contract shall be for a term of twenty (20) years beginning on the date of Initial Delivery. The contract shall continue for an additional seven (7) years provided that Seller has renewed its contract with the City of Houston for the purchase of raw water in sufficient quantities to supply Buyer. Should the Seller not renew the City of Houston contract, or is then otherwise legally unable to supply Buyer, then this contract shall terminate twenty (20) years after date of Initial Delivery. III The provisions of this Fourth Amendment and the provisions of the Contract should be read together and construed as one agreement provided that , in the event of any conflict or inconsistency between the provisions of this Amendment and the provisions of the Contract or any prior Amendment, the provisions of this Fourth Amendment shall control. - 2 - i IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but o e and the same amendment , this J ______ day of 1992, the date of execution by the President the Baytow Area Water Authority. BAYTOWN AREA WATER AUTHORITY B +.e el President ATTEST: fAl--v A", Secretary HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO. lA BY: -Px�J. President ATTEST: Secretary S:5:19: 10 3 - MEMO TO: BOARD OF THE BAYTOWN AREA WATER AUTHORITY FROM: IGNACIO RAMIREZ, SR. BOARD ATTORNEY SUBJ: EXTENSION OF CONTRACT FOR HCFWSD 1-A DATE: JANUARY 8, 1992 **************************************************************** BAWA has received a request from Harris County Fresh Water Supply District 1-A for extension of their contract for an additional seven years to the year 2012 . While the BAWA board may be agreeable to such extension it must be mindful of the fact that the BAWA contract with the City of Houston expires in the year 2006 and BAWA is currently operating under a "gentlemen's" agreement as to the service area north of I-10. One would hope that the City of Houston contract will be renewed in 2006 and that the gentlemen's agreement will be incorporated into the new contract. If conditions are greatly changed we may do well to get only a renewal but with the terms strictly enforced i.e. no service in the area north of I-10. I have drafted the amendment with that in mind, leaving BAWA an "out" should the City of Houston contract not be renewed on favorable terms.