Ordinance No. 4,43360410 -13
ORDINANCE N0. 4433
AN ORDINANCE ACCEPTING THE BID OF H & W DISTRIBUTING FOR
THE ANNUAL OIL AND GREASE CONTRACT AND AUTHORIZING THE
PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWENTY
THOUSAND SEVEN HUNDRED EIGHTY -FOUR AND 37/100 ($20,784.37)
DOLLARS.
WHEREAS, the City Council of the City of Baytown did authorize the
Purchasing Department for the City of Baytown to advertise for bids for the annual
oil and grease contract to be received March 27, 1986; and
WHEREAS, notice to bidders as to the time and place, when and where the
contract would be let was published pursuant to the provisions of Section 74 of the
Charter of the City of Baytown; and
WHEREAS, all bids were opened and publicly read at City Hall at 2:00 p.m.,
Thursday, March 27, 1986, as per published notice to bidders; 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 accepts the
bid of H do W Distributing for the annual oil and grease contract for the sum of
TWENTY THOUSAND SEVEN HUNDRED EIGHTY -FOUR AND 37/1130 ($20,784.37)
DOLLARS, and authorizes payment thereof.
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 10th day of April, 1986.
ATTEST:
s�
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B�.—STRONG, City A rney
AGREEMENT 60410 -3b
1. Section 5.01 of the Original Contract is repealed and
substituted therein shall be the following:
115.01. Capital Contribution. As a contribution
to the capital investment of the City and in
consideration for connection to the City's
System,and in addition to payments or credits
heretofore made or approved, the District shall
pay to the City the amount of THIRTY -SIX THOUSAND
THREE HUNDRED NINETY AND 40/100 DOLLARS
($36,390.40) in cash within one (1) week of the
effective date of this agreement.
Notwithstanding any other provisions herein all
monies due the City from the District shall be
due and payable within two (2) weeks of the
funding of the first issue of capital improvement
bonds by the District or no later than forty -
eight (48) months from the date of this Contract,
which ever comes first. In addition to said cash
payment, the District shall pay the City a second
or subsequent payment as a contribution to the
capital investment of the City of ONE HUNDERED
THOUSAND AND N01100 DOLLARS ($100,000.00), less
any partial payments required hereunder. 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 ONE HUNDRED THOUSAND AND N01100 DOLLARS
($100,000.00), so that, - should the City be
required to enlarge or expand its wastewater
facilities to provide service to District in the
amounts set forth herein prior to the payment to
the City by the District of ONE HUNDRED THOUSAND
AND NO /100 DOLLARS ($100,000.00) described above,
then, in such event, the Letter of Credit can be
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drawn upon by the City in such and
installments necessary in order to provide funds
e
for such enlargement or expansion of wastewater
facilities in the amount of District's pro rata
share of any capital expansion costs not to
exceed the aforesaid sum of $190,000.00 or the
outstanding amount of the letter of credit. The
City shall also be entitled to draw upon the full
amount of such Letter of Credit, if the full
amount of the capital investment contribution has
not been paid within forty -eight (48) months of
the date of this Contract.
In conjunction with the payment provisions
above, the District shall be required to make
those partial payments called for in Exhibit "C"
as specified numbers of connections are tied on
to the District's System. In the event partial
payments are made, the letter of credit shall be
reduced accordingly upon written request of the
District approved by representatives of the
City."
2. Exhibit "C" to the Original Contract is repealed and
substituted therein is the Revised Exhibit "C ", attached
hereto.
3. All other terms and conditions, not substituted herein,
shall remain in full force and effect.
DATED this the 10th day of April, 1986.
RANCH W D VELOPMENT CORPORATION
r esiden
ATTEST:
e ,, ary
CITY OF BAYTOWN
Mayor
ATTEST:
'-ity Clerk
(SEAL)
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