Ordinance No. 10,347 ORDINANCE NO. 10,347
AN ORDINANCE OFTFIE C"'ITY C.'OUNCIL 0E—FIIF CI OF BA%"TOWN, TEXAS'
APPROVING AIN,' WATER SI-J'PLY CON TRACT , T'REATE6
WATER BE'"I"WEEN THE BAY"TOWN AREA NVATER Al FITIORITY AND ("OUNTRY
TER,RACI`? WATER CO- JINC.; /\ND PROVIDING F'OR, THE EFFL,,,,,c,r,IVE DATE
T1 I EREOF.
1XI-IEREAS, the 13a.vtowri Area %k1wer Authority's enflAing legislation reqUilTS that (he City C."ouncil
apprcwe the contract befi:'we Bayto,,vn Arca Water Afflhority ("BAWA") enters into the sanw; and
WHEREAS, on � pril 19, 2006, 1he Board o-I' Directors or B,A\VA met and decided to approve im
,1111C.11(filient to the Waler Sul-,)ply Contract -Treated Waler belwcen BAWA and Countryl"errace Water Co"
Inc., subject to the approval ofthe Gly ofBaytown; and
WHEREAS, Oie current agr1reement dated Decernbei-28,2001,is smilarten that executedbetweery BAWA
and the Clity ofBaytown and is consistent widi 111C requ rements contained in BAWA'sagroement with flic,City
offioumon; and
WHEREAS,C"ountry Terrace Water("o., Inc.,has recILICS[ed that the Contract quantity be increased wa
monfl,fly average of'O,.125 mg&
WHEREAS,the amendment increases lhecontract quantity Arcane M 1010 mgd to 0.l 250,mcid as requested
by C,omiti-y Tierrace Miter.Co,, Inc.; ,and
WHER AS,the City of Baytown desires to approve the Water Supply Contr,,,ict -Treated Watert)evwcen
BA WA and Cou n try'5.-mace Water C)'.)., lnc.; NOMI THEREF(.IRE,
BE IT ORDAINEI) BY THE CITY OUNCIL OF T1,4F ("ITY OF BAY'F0WNTEXAS:
Section 1: "I"hat the recitals set forth hereby fbUnd to be true and correct and are
hereby adopted,
SeCtiOrl 2-1 That the City Council ofthe City offlaytown,Texas,hereby approves an amendment tc,�
(he" Water Supply Contrict -,rreated Water between the Baytown Area "later Authorityand Country Terrace
Water Co.,Inc, A copy orsaid contnact us aUachcd hereto its Exhibit"A"and incorporated herein for afl intenls
,11K] j)UTj)0SeS.
Section 3: '11-fis ordinance luandl take effect immediatel y fronvAind after its passave by the, Clily
Cot,mcd of[he Cit ofllaytown,
INTRODLJ( ED,MEAD,and PASSED 1)
y theaffirrmatwe vote 01 t ic City Council of theCity ofBaytown
t1fl,s,the-8`1'da.,y ofJune, 2006.
........../------
STEPHEN ff, DONCARIJ)S, Mayor.
g,j(
("Ierk
A, PP R 0 V ED AS '1 0 IZ M:
10 RAMIREZ, SR , i Attorney
ci�
First Amendment to the
Water Supply Contract -- Treated Water
Country Terrace 'Water Co., hic.
STATE;" OFTEXAS
COUNTY OF HARRIS §
This FirstArnendment to that certain"Water SupplyContnact the
Baytown Area Water Authority,a govemniental agency;and a body politic and corporate ofthe State
of Texas, created ptirsuant to Chapter 600, Acts ofifie 63rd Lcaishrture, Regular Session, 1973,
1, - -
liereiiiatici-ref'ei-retiti,,,), as ""BAWA,I" aiid the (-"ou n try Terrace Water CC),, I lie., a Tex�as c o rpo�ation
Navin g as mailing address of 11.0. Box 24,433, Houston, 'I"exas 77229, hereinafter referred to as
"CIV," is made and entered into by and between the same parties on the (late herein after last
sspecified.
NVHERE,AS,CTW anti BAVAeiitei,eciiiito,t 'Watei' tili 1y,('oiitract--'I"reated"ttu[aiter,clated
p
September 28. 2001, hereinafter referred to as the "Conti-act," in order for BAVA to suPply and
CTW rm receive treated waternO exceediriga monthly aa ve rage o H11) 110 irullion gallons of Nvaterper
day; and
WHEREAS, CTNV has requested that the Cx)n[ract Qmamity be increased to a monthly
average of'O.125 million gallons ofwater per dzvy; and
WHEREAS, 13A`WA is willing to honor CTNV's request upon the terms and conditions set
forth hercin-,
NOW THE'RI for and in consideration of:the premises and the nuitual covenants and
agreements herein contained, the parties he-reto do hereby, 111LItufly agree aus Follows,
I Definitions. (,.Iiiiessicliff'eveiitn�ieaiiiiiigclearly ali�l?earstro�iltliecoiite,,xt,",ordsi,,,il'icI p Ilrases
IIS USCd in this First Amendment shall have the sanie meanings as in the AgreenicTit,
I Ainendment.
a. Section 2.01 of Article It "Sale and Delivery of Water" of the Contract is hereby
amended to read as follows:
2.01 S Ub ect to the temisand conditions o kh is Contnicl,durino the
Contract Term,BMVAagrees to sell and deliver(or cause to be Miverecl)to
0"Nk% all of CIV*s Nvater requirements of treated wvater at the Points of
Delivery at, daily rates of' deliveryy and CTW agrees to purchase fi,()Trl
BAWA, , all ol'CITW's treated water requirements for resale at ffie Points'. of
First Ameighimit to the Water
�LqpjLly.j�c,.mract --'tiepted Water, Page I
EXMBIT A
Delivery during the ten-n ofthis Contract. It is expressly agreed to and
Under,s',-,tood that BANVA shall not be obhgated to deliver to C1 I W treated
%vater in excess of"the Contract Quantity wvhichshall be thenionthly average
1-.)ei- day of 0.125 MGD,
b. Section 6.01 of Article VI "Measm-irig Equipment" of the Contract is hereby,
amended to read as follows:
6.01 At its own cost and experise, DISTRICIT shall ftimish and
install at the Point of Delivery lIffeLlil(iff, Illea stir in,g equipinent properly
equipped with ureters,totalizers and devices of slandards type for meaKlring
and recording accurately the quantity ol"water delivered under this Contract.
The nieters sh-,,,d] have a callacity 1"or measuring the quantity of NA,�ater
delivered within an acCUT-Zicy tolerance oftwo percent(2"/'0)iflus or minus for
a given rate of flow. Such rneasuring equipment shall be approved by
BA%VA and after BAWA's approval ol'the Installation, same shall become
property of BA\VA,, All measuring equilmilent shall be owned by BAyVA,
even when purchased by DISTIUCT, and all measuring equipment shall be
located at the Point of Delivery as shomi oil Exhibit "C." At its own cost
and exjiense., DISTRICT shalI altar-) install, operate and maintain as required
by BAWA,. pressure regulating devices and ecluipment,, these pressure
regulating devices and e(lLiipment shall rem,,dri the properly of the
DISTR[CT, but shall be approved by BAWA,
3. Clegnerall
3.0 1 Inlerjw-etation. 'l"IiisAnie�idriieiittiisl)ceii.loiiitiy,riegot.iaitedbytliel)artiestierculider
and shall not be construed against a party hereunder because that party n1lay have
assumed pritnary responsi bill ty for the drafting of this Amendment.
3,,O�2 aj)aons. Captions conuiined in this Amendment are for reference onr y and,
therefore, have no effect ill Construing this Amendnient. The captions are not
restrictive o,f the subject mattcr ofany section in this Amendilient.
3,0 (%[r) Waiver By dais Amendment, BAWA does not consent to litigation or suit, and
BA WA hereby expressly revokes any consent to litigation that it may Iltive granted
by the terms fA'this Amen(fincril,the(I'onlract or any other contract or,,'igreement or
addenda, any charter, or applicable state law, Nothing contained herein shall be
coristructed so as to limit or walve BAW/k's sovereign irrinitlility.
3,04 Construction. The provisl oils of tills t'\11m](11-i'llentarld the Provisions of tile Contract
should be read t(Vether and construed ns one ag neant
Teemern,for this amendmerit is r to supplement but not replace any provkion in the Contract, except as specifically
noted herein.
IN � -'ITNFSS "'HER1.101"', the liarties hereto have exectited this Arnendment in multiple
copies,each of which shall be deerned to bean original, but all of'which shall constitute but one and
F�rst Amendment to the Water
Page 2
the same amendment,th]s___day of 200�6, the (late ofexecution
by the President of the Board c)f Directors of the 13nytown Area Water Authority,
BAY1'ONN1'N AREA WATER AUTHORITY
R0131371�1`17 I-11 GIL,LET11..�' Pres'dent
ATTE�'ST:
PETFR R. BUENZ, Secretary
APPRON71`71) AS TO FORNt
IGNACIO RAMIREZ, SR., General Counsd
COUNTRYTERIUWE WATER CO., IN( .
..........
Signakire
d"2 v
Print ed Name
c.
............. ..........
Fide
STATE OFTEIXAS §
COL,'NTY OF HARRIS §
Before ine, I In Cie rl,�;i inled 11c), 11.1v PLwhic. on thk ckiy
v.)ersonally appeared
Y
'rerrace Water Co.. Inc.
known to me
p .,wed to ine on the oath ol.. ..... .....
proved to me through his current V, °
a.
......................
First Arnendmen� to the 'Water
�racl .-Treated a6
! . -��a P e 3
Idescription of identification and or other doctinwirt issued b y the federal
governinent or aTIV ',,,,tatC government ffiat contains the photograph and signature of
the acknowledging persori),
(check one)
to be the person whose name is subscribed to the foregoing instrument,and ackii()wl edged to me that
he execuled that instrument Cot- the purposts and consideration therein expressed.
Give y 'D
n un der ni liind and s ] o seal office NO _ Jay of M�//,I 200(1
T, EARLS
.................. ... ....
��ot,,ry PubHc,Stale,0 TPX01,
M-18-09 Notary ublic in and for the State of"fix as
Nly comimssion expires:
INA',diuc
F)rst Amudment to the Wmer
S Page 4,
imn O)y,-L—n L