Ordinance No. 2,92100701 -1
ORDINANCE NO. 2921
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND
ATTEST TO AN AGREEMENT WITH EXXON COMPANY, U.S.A. WITH
REGARD TO THE EMERGENCY PURCHASE OF WATER AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
WHEREAS, the current dry weather has increased the
demand for water and has also increased the probability of
fires; and
WHEREAS, due to the inability of City water wells to
f provide sufficient water to meet current demands which
results in low water pressure; and
WHEREAS, the purchase of additional water is necessary
for the preservation and protection of the health, welfare,
and safety of the citizens of Baytown; and
WHEREAS, considering the above, the City Council of the
City of Baytown deems that an emergency situation exists;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: That the City Council of the City of Baytown
hereby approves the agreement between the City of Baytown
and Exxon Company, U.S.A. with regard to the emergency
purchase of water from Exxon Company, U.S.A., and authorizes
and directs the City Manager and City Clerk of the City to
execute and attest to said agreement. A copy of said agree-
ment 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 this ist day of
July , 1980.
�i
nMETT 0. HUTTO, Mayor
ATTEST:
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i
7
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. STRON , City A orney
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E X H I B F T "A"
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AnDZ'1GINUMm
THE STATE OF TEXAS 0
0 KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS 0
WHEREAS, the City of Baytown, hereinafter referred
to as City, is presently facing a possible shortage of
water, which shortage could adversely affect public health
and safety; and
WHEREAS, Exxon Company, U.S.A., hereinafter referred
to as Exxon, has available water that it is willing to sell
to the City of Baytown to aid the City in supplying its
citizens during a possible shortage; NOW THEREFORE,
In consideration of the mutual agreements herein-
after contained, the parties agree as follows:
I.
The City shall be allowed to connect its municipal
water system with Exxon's water system at two locations.
One connection is to be at Exxon's water well located off
Park Street, hereinafter referred to as the North Connection.
Said North Connection shall be available for use by the City
as an emergency supply of untreated water at such times the
City determines additional water is needed in its system in
order to protect the safety and welfare of its citizens.
The other connection is to be made at an Exxon
water line located behind the Mutual Benefit Association
building at 3520 Market Street, hereinafter referred to as
the South Connection. Said South Connection shall be avail-
able for use by the City only when necessary to provide
emergency fire protection.
The parties agree there is no limitation as to the
maximum number of gallons the City may purchase during the
term of this agreement as constrained by the availability of
water as judged by Exxon. It is contemplated by the parties
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that the City will purchase water only in emergency situations
as described in the preceeding paragraphs.
II.
The City shall pay to Exxon for water purchased at
the rate of 6 cents per 1,000 gallons, with payment to be
made at the end of the contract period. The City will
provide and install meters for measuring the City's water
use at both the North and South Connections. It is agreed
that representatives of Exxon shall have free access to
these meters for the purpose of reading and inspecting such
meters, and the City agrees to maintain suitable records of
the water taken by the City through these meters and to make
these records available to Exxon at all reasonable times.
III.
If the City determines that the water purchased
from Exxon should be treated in order to make it usuable
within the City water supply system, such treatment is to be
provided by the City and at the City's expense. Exxon
agrees to immediately notify the City of any emergency or
condition which may affect the quality of the water it is
supplying.
IV.
It is agreed that Exxon retains the right to shut
off the supply of water to the City in the event of an
emergency within Exxon's facilities that would require the
use of the water being purchased by the City under this
agreement. In the event of such an emergency, Exxon shall
notify the City of its intention to shut off the supply of
emergency water in order that the City may make any changes
in its system necessary to adjust to such termination of
supply.
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V.
The City agrees to indemnify and hold harmless
Exxon from and against all claims, demands, causes of action,
damages, and injuries in any manner resulting from, arising
out of, or connected with the supply of emergency water by
Exxon to the City.
VI.
The term of this agreement shall be for ninety
(90) days from the date of execution. This agreement may be
extended an additional ninety (90) days at the option of the
City by making a written request for extension prior to the
termination date of this agreement.
Executed this i'v)J day of Jul 1980.
ATTEST:
PJ-t 2r 'J
Karen Petru
Deputy City Clerk
EXXON CORPORATION
TORN[
APPROVED
By lel�
M. IV. Spri
Baytown Re1LJP Manager
Exxon Company, U.S.A.
(A Division of Exxon Corporation)
CITY OF BAYTOWN
r
By
Fritz L am
City Ma ger
Isis