Ordinance No. 3,43420812 -3
ORDINANCE NO. 3434
AN ORDINANCE APPROVING AND AUTHORIZING THE EXE-
CUTION 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,
TEXAS:
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 the
of August , 1982.
ATTEST:
r
I o
EILEEN P. HALL,-City Cler
12th day
EMMETT 0. HUTW, Mayor
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SECOND 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 Second Amendment ( "Amendment ") to that certain
"Wholesale Water Supply Contract, Untreated Water" between
the City of Houston, Texas and the Baytown Area Water Autho-
rity 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
1, 1976 ( "Contract "); and
WHEREAS, the Seller and the Buyer executed the First
Amendment to the Contract on May 11, 1979, and such First
Amendment provided for a term of twenty -five (25) years and
changed the minimum monthly quantity which the Buyer was
obligated to purchase from the Seller or to pay for whether
taken or not;
WHEREAS, Seller and Buyer now desires to increase the
minimum monthly quantity of untreated water the Buyer is
obligated to purchase;
WHEREAS, the City does not, by agreeing to this Second
Contract Amendment, waive any of its claims to disputed pay-
ments under the Contract as amended by the First Amendment;
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:
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0
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 in
its entirety as follows:
2.2 Notwithstanding the provisions of Section 2.1,
above, the minimum monthly quantity of untreated water Buyer
is obligated to purchase from Seller, or pay for, whether
taken or not, shall be:
Dec.
31,
1980
through
Aug.
31,
1982
6
MGD
Sept.
1,
1982
through
Dec.
31,
1987
8
MGD
Jan.
1,
1988
through
Dec.
31,
1991
10
MGD
Jan.
1,
1992
through
Dec.
31,
1995
13
MGD
Jan.
1,
1996
through
Dec.
31,
2004
16
MGD
To determine the minimum monthly quantities for Buyer,
the minimum in terms of MGD (from the above tabulation)
shall be multiplied by the number of days in the month.
As used herein, "Initial Delivery" means the date on
which Buyer is ready to receive untreated water from Seller,
which shall be December 31, 1980, subject to the provisions
of Section 13.4 herein.
III.
The provision of the Second Amendment, the provisions
of the First Amendment, and the provisions of the Contract
should be read together and construed as one agreement pro-
vided that, in the event of any conflict or inconsistency
between the provision of this Second Amendment and the pro-
visions of the Contract, the provisions of this Second
Amendment shall control.
IN 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
SPAS
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but one and the same Amendment, this the day of
1982, the date of execution by the Mayor
of the City of Houston.
CITY OF HOUSTON, TEXAS (SELLER)
BY
MAYOR
ATTEST:
Secretary
(SEAL)
APPROVED:
Director, Department of Public
Works & Engineering
APPROVED AS TO FORM:
ASSistanz City af orney
ATTEST:
SECRETARY
(SEAL)
BAYTOWN AREA WATER AUTHORITY
Baytown, Harris County, Texas
PRESIDENT
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