Ordinance No. 4,0204=13£13 ° 3 RSA,
AN ORDNANCE APPROYWG AND AM
7HORiZOG THE EXECUTIONI OF
xn AN A TO THE WASTEWATER DISPOSAL
r CONTRACT 41M
�; �AMPSQN ROAD O.3TILITY DISTRICT; AND PROVIDWG FOR 7FE
EFFECTIVE DATE HEREOF.
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Section. 2a' This ordinance shall take effect immediately from and after its
passage 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 13th day of December, 1984.
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SUPPLEMENTAL - AGREEMENT TO
WASTEWATER DISPOSAL CONTRACT BETWEEN
CITY OF BAYTOWN, TEXAS, AND
THOMPSON ROAD UTILITY DISTRICT
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T� STATE OF TEXAS §
OOUNTq OF HARRIS §
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This Supplemental Agreement ( "Agreement") is made and entered
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into as of the .`;date herein last specified by and between the CM OF
BAyTq�IN, TEXAS, a municipal corporation and home -rule city which is
principally situated and has its City Hall in Harris County, Texas
(the "City "), and THOMPSON ROAD UTILITY DISTRICT of Harris County.
Texas, a body politic and corporate and a governmental agency of the
State of Texas, organized under the provisions of Article XVI. Section
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59 of the Texas Constitution and Chapter 54. Texas (dater Code (the
"District "). This Agreement supplements and amends that certain
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"Wastewater Disposal Contract Between City of Baytown. Texas. and
Thompson Road Utility District" (the "Original Contract "), dated June
hereto.
7, 1984, and entered into by the parties
RECITAL
The City and the District have hereto contracted for the trans-
portation, treatment, and disposal of District's anticipated wastewaters
by City. Due to current economic conditions, District's expected waste-
water service requirements as set out in the Original Contract are
not anticipated to occur as originally estimated, but for one year
thereafter. It is the intent of this Agreement to set back all such
.`!;•terms
and conditions of the Original Contract for a one —year period.
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NOW, THEREFORE, and in consideration of the premises and the
mutual covenants and agreements herein contained, the parties hereto
do mutually agree as follows:
AGREEMENT
1. Section 5.01 of the Original Contract is repealed and sub-
stituted therein shall be the following:
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Capital Contribution. As a contribution
o, �'t capital investment of the City and is
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consideration for connection to the City's
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System, the District shall pay to the City
the unt of FOUR HUNDRED EIGHTY -EIGHT THOUSAND
SEVENTY-FIVE AND NO /100 DOLLARS
75 00), within two (2) weeks of the
funding of the first issue of capital Improve-
meat. bonds by the District. Notwithstanding
above, however. the District is obliged
and hereby promises to 'pay. or cause to be
paid, .to the -City said amount no later than
' �,
thLi_ .(90) months from the date of this
Contract,. Additionally. in order to further
secure District's assurance of the availability
of such funds, the District will provide, or
cause to be provided, to the City an irrevocable
Letter of Credit. payable to the City, in a
form acceptable to the City* in the amount of
FOUR HUNDRED EIGHTY -EIGHT THOUSAND FOUR HUNDRED
SEVENTY-FIVE AND NO/100 DOLLARS ($488,475.00),
so that, should the City be required to enlarge
or expand its wastewater facilities tc provide
service to District in the amounts set forth
herein prior to the payment to the City by
the District of. FOUR HUNDRED EIGHTY-EIGHT
THOUSAND, FOUR HUNDRED SEVENTY-FIVE AND NO/100
DOLLARS ($488,475.00) described above, then,
in such event, the Letter of Credit can be
drawn upon by the City in such amounts and
installments necessary in order to provide
funds for such enlargement or expansion of
wastewater facilities in the amount of
District's pro rata share of any such capital
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ATTEST:
TIMM WOOTEN, Secretary
EILEEN P. HALL, City Clerk
(SEAL)
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