Ordinance No. 4,82870924 -24
ORDINANCE NO. 4828
AN ORDINANCE APPROVING THE BAYTOWN AREA WATER
® AUTHORITY'S SECOND AMENDMENT TO THE CONTRACT WITH HARRIS
COUNTY FRESH WATER SUPPLY DISTRICT NO. 1A, FOR THE SALE
OF TREATED WATER.
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
corporations, and political subdivisions of the State; and
-WHEREAS, the Board of Directors of the Baytown Area Water
Authority have approved, a second amendment to a contract to
supply treated water to Harris County Fresh Water Supply District
No. 1A, 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 second 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 second amendment to the contract between the
Baytown Area Water Authority and Harris County Fresh Water Supply
No. IA, 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 24th day -of September,
1987.
AT T:
® >
EILEEN P. HALL, City Clerk
APPR _ D;
ANDALL B. STRONG, Cit torney
70924 -24a
THE STATE OF 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 Harris County Fresh Water
Supply District No. 1A dated June 19, 1985, as amended by First
Amendment dated July 16, 1986, 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
Harris County Fresh Water Supply District No. 1A ( "Buyer ") did
enter into a Wholesale Water Supply Contract, Treated Water on
June 19, 1985, and amended July 16, 1986, ("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:
n
SECOND AMENDMENT
TO THE
WHOLESALE WATER SUPPLY CONTRACT
®
(TREATED WATER)
BY AND BETWEEN
BAYTOWN AREA WATER AUTHORITY
AND THE
HARRIS COUNTY FRESH WATER SUPPLY
DISTRICT NO. 1A
THE STATE OF 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 Harris County Fresh Water
Supply District No. 1A dated June 19, 1985, as amended by First
Amendment dated July 16, 1986, 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
Harris County Fresh Water Supply District No. 1A ( "Buyer ") did
enter into a Wholesale Water Supply Contract, Treated Water on
June 19, 1985, and amended July 16, 1986, ("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:
n
70924 -24b
0 1
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:
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 bee .125 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 treated water from
Seller, but which in no event shall be later than
June 1, 1986.
III
- 2 -
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.
- 2 -
70924 -24c
ATTEST:
------------------------
Secretary
ATTEST:
-------------------------
Secretary
S:5.-19:1
L J
BAYTOWNI AREA WATER AUTHORITY
BY
President
HARRIS COUNTY FRESH WATER SUPPLY
DISTRICT NO. 1A
BY:
President
- 3 -
INI 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 -----
- - - - -- day of
------------- - - - - -, 1487,
the date of execution by
the President
of the Baytown Area Water
Authority.
ATTEST:
------------------------
Secretary
ATTEST:
-------------------------
Secretary
S:5.-19:1
L J
BAYTOWNI AREA WATER AUTHORITY
BY
President
HARRIS COUNTY FRESH WATER SUPPLY
DISTRICT NO. 1A
BY:
President
- 3 -
SECOND AMENDMENT
TO THE
WHOLESALE WATER SUPPLY CONTRACT
(TREATED WATER)
BY AND BETWEEN
BAYTOWN AREA WATER AUTHORITY
AND THE
HARRIS COUNTY FRESH WATER SUPPLY
DISTRICT NO. lA
THE STATE OF 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 Harris County Fresh Water-
Supply District No. 1A dated June 19, 1985, as amended by First
Amendment dated July 16, 1986, 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
Harris County Fresh Water Supply District No. 1A ( "Buyer" ) did
enter into a Wholesale Water Supply Contract, Treated Water on
June 19, 1985, and amended July 16, 1986, ("Contract") .- and
WHEREAS, Seller and Buyer now desire to decrease the minimum
monthly quantity of treated water the Buyer is obligated to
purchase;
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:
Notwithstanding the provisions of Section 2. 1
above, the minimum monthly quantity ❑f treated water-
Buyer is obligated to purchase from Seller, or pay for,
whether taken or not, shall be: . 125 MOD.
To determine the minimum monthly quantities for
Buyer, the minimum in terms of MOD (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, but which in no event shall be later than
June 1 , 1986.
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 ___&______ day of _ --------- 1987,
the date of execution by the President of the Baytown Area Water
Authority.
BAYTOWN AREA WATER AUTHORITY
F'resident
ATTEST:
--- ------ ----- - ------
Secretary
HARRIS COUNTY FRESH WATER SUPPLY
DISTRICT NO. 1A
BY:
F' 4
resi d nt
ATTEST:
----------------- --
Secretary
S:5: 19: 1