BAWA Resolution No. 2021-09 RESOLUTION NO. 2021-09
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA
WATER AUTHORITY AUTHORIZING THE SECOND AMENDMENT TO THE
WATER SUPPLY CONTRACT — TREATED WATER WITH HARRIS COUNTY
FRESH WATER SUPPLY DISTRICT NO. 27 TO INCREASE THE CONTRACT
QUANTITY; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER
AUTHORITY:
Section 1: That contingent upon the approval by the City Council of the City of Baytown,
Texas, the Board of Directors of the Baytown Area Water Authority hereby authorizes the Second
Amendment to the Water Supply Contract — Treated Water with Harris County Fresh Water Supply
District No. 27 to increase the contract quantity. A copy of the amendment is attached as Exhibit"A"and
incorporated herein for all intents and purposes.
Section 2: This resolution shall take effect immediately from and after its passage by the
Board of Directors of the Baytown Area Water Authority.
INTRODUCED, READ and PASSED by the affirmative vote of the Board of Directors of the
Baytown Area Water Authority this the 16't'day of June, 20"
MIKE WILSON, Vice President
ATTEST:
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ANGELA JOCKSON, Interim Asses t e "
APPROVED AS TO FORM: 1
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RAKaren Anderson\RESOLUTIONSIBAWA120Z I.06.1612ndAmendedWaterSupplyContract-HCFWSDNo.27.doe
Exhibit "A"
SECOND AMENDMENT
TO THE
WATER SUPPLY CONTRACT -- TREATED WATER
BETWEEN
BAYTOWN AREA WATER AUTHORITY
AND
HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO. 27
STATE OF TEXAS
COUNTY OF HARRIS 5
This Second Amendment (the "Second Amendment") to that certain Water Supply
Contract — Treated Water between the Baytown Area Water Authority and Harris County Fresh
Water Supply District No. 27, dated March 8, 2007, is made by and between the same parties on
the date hereinafter last specified.
WITNESSETH:
WHEREAS, the Baytown Area Water Authority ("BAWA") and Harris County Fresh
Water Supply District No. 27 ("DISTRICT") did enter into a Water Supply Contract — Treated
Water on March 8, 2007 (the "Agreement"); and
WHEREAS, on January 27, 2017, the DISTRICT and BAWA amended the Agreement in
order to comply with certain requirements of the Texas Commission on Environmental Quality
(the "First Amendment"); and
WHEREAS, the DISTRICT has requested to increase the reserved capacity from 0.5384
MGD to 0.6624 MGD average daily flow; and
WHEREAS, BAWA has considered the request and finds that the increase is reasonable
and within its ability to provide;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the parties hereto do hereby mutually agree as follows:
1. Definitions. Unless a different meaning clearly appears from the context, words and
phrases as used in this Second Amendment shall have the same meanings as in the First
Amendment and the Agreement.
2. Amendment. Article II, "Sale and Delivery of Water," Section 2.01 of the Agreement is
hereby amended to read as follows:
2.01 BAWA and the DISTRICT expressly agree that the sales and delivery of water shall
be subject to the following:
Second Amendment,Page I
a. All services to be provided by BAWA herein shall be expressly subject to
the payment of the applicable fees and costs, without credit and/or
reimbursement. Subject to the terms and conditions of this Contract,during
the Contract Term, BAWA agrees to sell and deliver (or cause to be
delivered) to DISTRICT, the DISTRICT's water requirements of treated
water at the Points of Delivery at daily rates of delivery; and DISTRICT
agrees to purchase from BAWA all of DISTRICT's treated water
requirements for resale at the Points of Delivery during the term of this
Contract for water services to be supplied in the Service Area,subject to the
limitations expressed hereinabove. The DISTRICT's total treated water
requirements shall mean the total quantity of treated water the DISTRICT
needs to conduct operations, use or resell within the Service Area. The
maximum amount of total treated water that BAWA shall be obligated to
provide shall be 400 gpd/equivalent single-family connection("ESFC"). It
is stipulated that the DISTRICT's total treated water requirements shall not
exceed 400 gpd multiplied by:
1. the number of ESFCs necessary to serve any undeveloped property
included within the Service Area for which a preliminary plat has
been approved by the City of Baytown, plus
2. the number of ESFCs necessary to serve property previously
developed or currently under development within the Service Area;
provided,however,that in no event shall the DISTRICT's total treated water
requirements exceed 0.6624 MGD. In the event an approved preliminary
plat expires, the DISTRICT's total treated water requirements shall be
reduced by the number of ESFCs associated with the expired preliminary
plat. It is expressly agreed to and understood that BAWA shall not be
obligated to deliver to DISTRICT treated water in excess of the Contract
Quantity which shall be the monthly average per day of 0.6624 MGD.
b. It is expressly understood and agreed that,commencing on July 1, 2023,the
quantities calculated in accordance with Section 2.01.a and the capacities
reserved in Section 2.0l.c shall be adjusted annually to a quantity that
equals one hundred ten percent(110%)of the average number of MGD used
in the Service Area in the previous twelve (12) month period; provided that
the actual quantity does not exceed the quantity as calculated in accordance
with Section 2.0 La. and as specified therein.
C. BAWA,upon receipt of all applicable fees and costs,BAWA shall endeavor
to reserve for the exclusive benefit of the DISTRICT the capacity in its
water supply facilities sufficient to supply and treat the quantities
established in Section 2.01.a of this Agreement and as adjusted in Section
2.0l.b. However, the DISTRICT shall not be guaranteed any specific
Second Amendment, Page 2
quantity or pressure of water for the services to be provided herein by
BAWA if BAWA's water supply is limited or when the DISTRICT's
equipment may become inoperative due to unforeseen breakdown or
scheduled maintenance and repairs; and BAWA is in no case to be held to
any liability for failure to furnish any specific amount or pressure of water.
d. The DISTRICT shall not permit any person or entity located outside the
Service Area to connect to the DISTRICT's System during the term of this
Agreement without the express prior written consent of BAWA. Failure to
comply with this provision shall constitute a default.
3. Generally.
3.01 Into►In-elation. This Second Amendment has been jointly negotiated by the parties
hereunder and shall not be construed against a party hereunder because that party
may have assumed primary responsibility for the drafting of this Amendment.
3.02 Captions. Captions contained in this Second Amendment are for reference only
and, therefore, have no effect in construing this Second Amendment. The captions
are not restrictive of the subject matter of any section in this Second Amendment.
3.03 No Waiver. By this Second Amendment, BAWA does not consent to litigation or
suit,and BAWA hereby expressly revokes any consent to litigation that it may have
granted by the terms of this Second Amendment, the First Amendment, the
Agreement or any other contract or agreement or addenda, any charter, or
applicable state law. Nothing contained herein shall be constructed so as to limit
or waive BAWA's sovereign immunity.
3.04 Construction. The provisions of this Second Amendment and the provisions of the
First Amendment and the Agreement should be read together and construed as one
agreement. In the event of any conflict between a provision of the Agreement, the
First Amendment, and the Second Amendment, the Second Amendment shall
control.
IN WITNESS WHEREOF, the parties hereto have executed this Second 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 day of ,2021, the date of
signature by the General Manager of BAWA.
BAYTOWN AREA WATER AUTHORITY
RICHARD L. DAVIS, General Manager
ATTEST:
ANGELA JACKSON, Interim Assistant Secretary
Second Amendment, Page 3
APPROVED AS TO FORM:
KAREN L. HORNER, General Counsel
HARRIS COUNTY FRESH WATER SUPPLY
DISTRICT NO. 27
Signature
Printed Name
Title
ATTEST:
(Signature)
(Printed Name)
(Title)
APPROVED AS TO FORM:
(Signature)
(Printed Name)
(Title)
R:Karen Horner Documents Files BA«'A,llarris County Fresh Water Supply District n27SECOND AMENDMENT d HCFIVSD NO.27..docx
Second Amendment, Page 4