Ordinance No. 2,657Wa
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ORDINANCE NO. 2657
9,426 -3
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT TO THE SURFACE WATER SUPPLY CONTRACT
BETWEEN THE CITY OF HOUSTON AND BAYTOWN AREA WATER
AUTHORITY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: That the City Council of the City of Baytown,
Texas, hereby approves and authorizes the execution of an
amendment to the surface water supply contract between the
City of Houston and Baytown Area Water Authority. A copy of
the above referred to amendment is attached hereto, marked
Exhibit "A," and made a part hereof for all intents and
purposes.
Section 2: This ordinance shall take effect from and
after its passage.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown on this 26th day
of April , 1979.
TMIETT 0. HUTTO, Vayor
ATTEST:
2
1ZEEN P. HAL , City Clerk
APPROVED:
4CANDALL B. STRONG-,
Assistant City At orney
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FIRST AMENDMENT
TO THE
WHOLESALE WATER SUPPLY CONTRACT
(UNTREATED WATER)
BY AND BETWEEN THE
CITY OF HOUSTON, TEXAS
AND THE
BAYTOWN AREA WATER AUTHORITY
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This first Amendment ( "Amendment ") to that certain "Wholesale
Water Supply Contract, Untreated Water" between the City of
Houston, Texas and the Baytown Area Water Authority dated
November 1, 1976 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 City of Houston, Texas ( "Seller ") and the
Baytown Area Water Authority ( "Buyer ") did enter into a
Wholesale Water Supply Contract, Untreated Water on November
It 1976 ( "Contract "); and
WHEREAS, Seller and Buyer now desire to extend the
term of the Contract from twenty (20) years to twenty -five
(25) years;
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 are hereby
repealed, and a new Section 2.2 is hereby inserted to read
in its entirety as follows:
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2.2 Notwithstanding the
2.1, above, the minimum monthlprovisions of Section
water Buyer is obligated to purchasetfromoSeller, ord
pay for, whether taken or not, shall be:
Initial Delivery through 3rd year thereafter 6 MGD
4th year through 7th year
8 MGD
8th year through 11th year
10 MGD
12th year through 15th year
13 MGD
16th year through 25th year
• 16 MGD
To Buyer, the
termsuofMGD monthly quantities for
(fro
tabulation) shall be multiplied by the number aofvdays
in the month.
As used herein, "Initial Delivery" means the date
on which Buyer is ready to receive untreated water from
Seller, of which date Buyer shall give Seller six (6)
months advance notice, but which in no event shall be
later than December 31, 1980, subject to the provisions
of Section 13.4 herein.
III.
The provisions of Article VIII of the Contract are
hereby repealed and a new Article VIII is hereby inserted to
read in its entirety as follows:
This contract shall be for a term of twenty -five
(25) years beginning on the date of Initial Delivery.
IV.
The provisions of this 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 in-
consistency between the provisions of this Amendment and the
provisions of the Contract, the provisions of this Amendment
shall control.
114 WITNESS WHEREOF, the parties hereto have executed
this Amendment in multiple copies, each of which shall be
deemed to be an original, but all of which shall constitute
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but one and the same Amendment, this day of
A.D. 19 , the date of execution by
the Mayor of the City of Houston.
ATTEST:
CITY SECRETARY
(SEAL)
ATTEST:
SECRETARY
(SEAL)
I VIA
APPROVED:
Director, Dept of Public
Works & Engineering
APPROVED AS TO FORM:
Assistant City Attorney
CITY OF HOUSTON, TEXAS (SELLER)
By
MAYOR
BAYTOWN AREA WATER AUTHORITY
Baytown, Harris County, Texas
(BUYER)
By
President
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