Ordinance No. 3,999 41108-2
111
ORDINANCE NO. 3999
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT TO THE TREATED WATER CONTRACT BETWEEN LAKE
MUNICIPAL UTILITY DISTRICT 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,
Chereby approves and authorizes the execution of an amendment to the treated
water contract between Lake Municipal Utility District 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 immediately from and
after its pasage by the City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City
Council of the City of Baytown, this the 8th day of November 1984.
4ae„,
ALLEN CANNON, Mayor
ATTEST:
- • - -EILEEN P. HALL, City Clerk
APPROVED:
6e1
RANDALL B. STRONG., City At ney
41108-2a
411
SECOND AMENDMENT
TO THE
WHOLESALE WATER SUPPLY CONTRACT
(TREATED WATER)
BY AND BETWEEN
BAYTOWN AREA WATER AUTHORITY -
AND THE
LAKE MUNICIPAL UTILITY DISTRICT
THE STATE O: TEXAS §
COUNTY OF HARRIS §
This Second Amendment ( "Amendment" ) to that certain
"Wholesale Water Supply Contract , Treated Water" between the
Baytown Area Water Authority and the Lake Municipal Utility
District dated December 4, 1980 as amended by First Amendment
dated July 21 , 1982 , 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 Baytown Area Water Authority ( "Seller" ) and
Lake Municipal Utility . District ( "Buyer" ) did enter into a
Wholesale Water Supply Contract , Treated Water on December 4 ,
1980 and amended July 21 , 1982 , ( "Contract" ) ; and
WHEREAS , Seller .and Buyer now desire to decrease the
minimum monthly quantity of treated water the Buyer is obligated
to purchase;
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 , as
amended , are hereby repealed , and a new Section 2 . 2 is hereby
inserted to read in its entirety as follows :
41108-2b
2 . 2 Notwithstanding the provisions of Section 2 . 1 above
the minimum monthly quantity of treated, water , Buyer is obligated
to purchase from Seller , or .pay for , whether taken or not , shall
be :
Initial Delivery until MP Date - No Minimum Purchase Required .
1st six months after MP Date . 10 , 000 gpd
7th - 12th Month after' MP Date 25 , 000 gpd
( 2nd year . after MP Date 50 , 000 gpd
3rd year after MP Date 100 , 000 gpd
4th year after MP Date 100 , 000 gpd.
5th year after MP Date 100 , 000 gpd
To determine the minimum monthly quantities for Buyer ,
•
the minimum in terms of GPD ( 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 treated water from Seller , of
which date. Buyer shall give Seller six ( 6 ) months ' advance
notice, but which , in- no event , shall be, later than January 1 ,
1983 .
As used herein , "MP Date" means minimum purchase date ,
the date at the end of the first calendar month during which the
Buyer purchases an average of at least 10 , 000 gpd for that .
- - — month .
III .
•
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
inconsistency between the provisions of this Amendment and the
provisions of the Contract ,. the provisions of this 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 but one and
the same amendment -, this ,l,a,171 /, , 1984 the date of
41108-2c
1110
execution by the President of the Baytown Area Water Authority.
BAYTOWN AREA WATER 9UTHO J TY
BY �. • C�-c,. .
Presidents C�
ATTEST:
4/a„,,, r
C Secretary
LAKE MUNICIPAL UTILITY DISTRICT
• Harris ounty, Te as
ATTEST:
�. 7 By
C(iC. President
Secretary
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