Ordinance No. 9,922ORDINANCE NO. 9922
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST TO A CONTRACT AMENDMENT TO THE
WATER SUPPLY AGREEMENT WITH THE BAYTOWN AREA WATER
AUTHORITY TO EXTEND THE TERM OF THE CONTRACT AND INCREASE
THE CONTRACT QUANTITY; AUTHORIZING PAYMENT THEREOF;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
El
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS-
Section 1: That the City Council of the City of Baytown hereby authorizes the Mayor to
execute and the City Clerk to attest to a Contract Amendment to the Water Supply Agreement with
the Baytown Area Water Authority to extend the term of the contract and increase the contract
quantity. A copy of said amendment is attached hereto, marked Exhibit "A," and made a part hereof
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 26th day of October, 2004.
CALVIN MUNDINGER, Mayor
ATTEST:
AR -W. SMIT,.I, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., 0., Attorney
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STATE -OF TEXAS § CONTRACT AMENDMENT
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 , 2004, 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 desire to amend -the Amended and Restated Water Supply
Contract to likewise extend the term of the contract and increase the contract quantity;
NOW, THEREFORE, for and in consideration of the premises and mutual covenants and
agreements herein contained, the parties hereby agree as follows:
I.
The definition of "BAWA Contract" contained in Section 1.012 of the Amended and Restated
Water Supply Contract between BAWA and the City of Baytown is amended to include the Contract
Amendment dated , 2004, which is attached hereto as Exhibit "A" and incorporated herein
for all intent and purposes.
II.
Section 2.1 of the Amended and Restated Water Supply Contract is amended by increasing the
Contract Quantity (as defined therein) to 14.22 million gallons per day.
III.
Article Vlll of the Amended and Restated Water Supply Contract is amended by extending the
termination date to December 31, 2040.
Contract Amendment, Page l
EXEiIBIT A
0 IV.
- -This Amendment shall become effective upon the effective date of the amended BAWA Contract
as defined herein.
V.
The Amended and Restated Water Supply Contract between the parties hereto and this
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 this Amendment, the provision of this Amendment
shall control.
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, as of the date of the amendment to the BAWA Contract specified above.
BAYTOWN AREA WATER AUTHORITY CITY OF BAYTOWN, TEXAS
BAYTOWN, HARRIS COUNTY, TEXAS ( "City ")
( "BAWA ")
ROBERT L. GILLETTE, President
ATTEST:
GARY SMITH, Assistant Secretary
APPROVED AS TO FORM:
CALVIN MUNDINGER, Mayor
ATTEST:
GARY SMITH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., General Counsel IGNACIO RAMIREZ, SR., City Attorney
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Contract Amendment, Page 2
O CONTRACT AMENDMENT
•
This CONTRACT AMENDMENT ( "the Amendment ") is made and entered
into by and between the City of Houston, Texas a municipal corporation and home -rule
City, which is principally situated and has its City Hall in Harris County, Texas ( "City"),
and 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
( "Authority").
WITNESSETH
WHEREAS, the City and the Authority entered into the Water Supply Contract
on or about October 24, 1994; and
WHEREAS, the Authority desires to extend the term of the Contract and increase
the Contract Quantity; and
WHEREAS, the City is agreeable to these changes;
NOW, THEREFORE, for and in consideration of the premises and mutual
covenants and agreements herein contained, the parties hereby agree as follows:
I.
Section 2.1 of the Water Supply Contract is amended by increasing the Contract
Quantity (as defined therein) to 15.8 million gallons per day.
II.
Article VIII of the Water Supply Contract is amended by extending the
termination date to December 31, 2040.
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O III.
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The Director of Public Works and Engineering ( "Director ") is authorized to
reduce the Contract Quantity upon 30 days' notice to the Authority as follows:
If the Authority has failed to take at least 25% of the Contract Quantity for
each of 18 consecutive months, the Director may decrease the Contract
Quantity to the average monthly consumption by the Authority during the
latest 18 month period. In calculating the 18 month period, the Director
shall disregard any month where a force majeure prevented the Authority
from taking at least 25% of the Contract Quantity.
IV.
The Water Supply Contract and this Amendment are the entire agreement of the
parties. In the event of any conflict between a provision of the Water Supply Contract
and this Amendment, the provision of this Amendment shall control.
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OIN 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
0
constitute but one and the same contract, as of the date of countersignature.
BAYTOWN AREA WATER AUTHORITY CITY OF HOUSTON, TEXAS
BAYTOWN, HARRIS COUNTY, TEXAS ( "City")
( "Buyer ")
Name: Mayor
Title:
ATTEST: ATTEST:
Name: City Secretary
Title:
APPROVED:
Director, Department of Public
Works and Engineering
APPROVED AS TO FORM:
Sr. Assistant City Attorney
COUNTERSIGNATURE:
Controller
COUNTERSIGNATURE DATE:
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10111/2004
U
BUYER'S ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on
by
(name)
Water Authority.
(date)
President of Baytown Area
Notary Public in and for the
State of Texas
Commission Expires:
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