Ordinance No. 4,42060327 -14
ORDINANCE NO. 4420
AN ORDINANCE APPROVING THE BAYTOWN AREA WATER
AUTHORITY'S FIRST AMENDMENT TO THE WHOLESALE WATER
SUPPLY CONTRACT (TREATED WATER) WITH HARRIS COUNTY
MUNICIPAL UTILITY DISTRICT NO. 3.
WHEREAS, pursuant to the provisions of House Bill No. 967 enacted by the
63rd Legislature of the State of Texas, the Board of Directors of the Baytown Area
Water Authority is authorized, with prior approval of the City Council of the City
of Baytown, to enter into contracts with persons, corporation, municipal corpor-
ations, and political subdivisions of the State; and
WHEREAS, the Board of Directors of the Baytown Area Water Authority have
approved an amendment to a contract to supply treated water to Harris County
Municipal Utility District No. 3, a copy of which is attached as Exhibit "A" and
made a part hereof; and
WHEREAS, the Baytown Area Water Authority desires that the City Council
of the City of Baytown approve this Amendment to the Contract; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown hereby approves
the amendment to the contract between the Baytown Area Water Authority and
Harris County Municipal Utility District No. 3, a copy of which is attached as
Exhibit "A ".
Section 2: 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 27th day of March, 1986.
4deTeO.
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
N , . -
64327 -14a
FIRST AIVENC ENT
TO THE
WHOLESALE WATER SUPPLY CONTRACT
(TREATED WATER)
BY AND BETWEEN THE
BAYTOWN AREA WATER AUTHORITY
AND
HARRIS COUNTY M- NICIPAL UTILITY DISTRICT NO. 3
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This First Amendment ( "Amendment ") to that certain
"Wholesale Water Supply Contract, Treated Water" between the
Baytown Area Water Authority and Harris County Municipal Utility
District No. 3, dated Uctober 18, 1982, is made by and between
the same parties on the date hereinafter last specified.
WITNESSETH
WHEREAS, the Baytown Area Water Authority ( "Seller ") and
Harris County Municipal Utility District No. 3 ( "Buyer ") did
enter into a Wholesale Water Supply Contract, Treated Water on
October 18, 1982, ( "Contract "); and
WHEREAS, the Seller and the Buyer now desire to change the
minimum monthly quantity of treated water 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
meaning as in the Contract.
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 treated
water Buyer is obligated to purchase from Seller, or
pay for, whether taken or not, shall be:
1
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Initial Delivery until MP Date - No Minimum Purchase
Required.
1st
six months
7th
- 12th Month
2nd
year
3rd
year
4th
year
5th
year
6th -20th year
after MP Date
after MP Date
after MP Date
after MP Date
after MP Date
after W Date
after MP Date
10,000 gpd
25,000 gpd
50,000 gpd
40,000 gpd
40,000 gpd
40,000 gpd
412,000 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.
The provisions of the First 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 First Amendment and
the provisions of the Contract, the provisions of this First
Amendment shall control.
IN WITNESS WHEREOF, the parties hereto have executed this
Amendment in multiple copies, each of which shall constitute but
one and the same Amendment, this the 1_C/ day of ,
1986, the date of execution by the President of the Baytown Area
Water Authority.
ATTEST:
Secretary
BAYTOV" AREA WATER AUTHIR I TY
By
President
K
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HARRIS COUNTY MJNICIPAL UTILITY
DISTRICT NO. 3
By
President
SEAL)
ATTEST:
Secretary