Ordinance No. 5,06180728 -1
ORDINANCE NO. 5061 i.
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO THE SECOND
AMENDMENT TO THE WASTEWATER DISPOSAL CONTRACT BETWEEN
THE CITY OF BAYTOWN AND LAKE MUNICIPAL UTILITY DISTRICT;
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
® WHEREAS, on December 4, 1980, the City of Baytown entered
into a Wastewater Disposal Contract whereby the City agreed to
receive and treat certain volumes of wastewater from Lake
Municipal Utility District; and
WHEREAS, the parties to said contract desire to amend the
contract to revise the volume of waste to be treated and make
other beneficial changes; 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,
Texas, hereby approves the Second Amendment to the Wastewater
Disposal Contract between the City of Baytown and Lake Municipal
Utility District, and authorizes and directs the Mayor and City
Clerk of the City of Baytown to execute and attest to said
amendment. A copy of said 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 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 28th day of July,
1988.
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EMMETT 0. HUTTO, rZ � — - -
Mayor
ATTEST:
EILEEN'P. HA L, City Clerk
RANDALL . STRONG, C y ttorney
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SECOND AMENDMENT TO WASTEWATER DISPOSAL
CONTRACT BETWEEN CITY OF BAYTOWN, TEXAS,
AND LAKE MUNICIPAL UTILITY DISTRICT
THE STATE OF TEXAS §
® COUNTY OF HARRIS §
This Second Amendment ( "Amendment ") to that certain
Wastewater Disposal Contract between City of Baytown, Texas, and
Lake Municipal Utility District dated December 4, 1980, 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 City of Baytown ( "City ") and Lake Municipal
Utility District ( "District ") did enter into the Wastewater
Disposal Contract between. the City of Baytown and Lake Municipal
Utility District on December 4, 1980, and amended said contract
on April 21, 1981; and
WHEREAS, City and District now desire to amend and modify
Exhibit "C" to said Agreement which sets forth the "volumes of
waste" to be transmitted by District to City for treatment under
the Agreement; and
WHEREAS, City and District desire to decrease the amount of
waste treatment capacity entitlement District would otherwise
have under the Agreement and further City and District desire to
set up a method by which District shall ultimately be reimbursed
for its actual costs for the amount of decrease in said capacity
® entitlement;
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NOW THEREFORE, for and in consideration of the premises and
the mutual covenants and agreements herein contained the parties
hereto do mutually hereby agree as follows:
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.
2. Exhibit "C" is modified and amended to read in its
entirety as shown in the attached Exhibit "A" to this
Second Amendment.
3. Notwithstanding anything in the Agreement to the
contrary, City and District agree that as a result of
the decrease in the contractual right to capacity in the
City's sewage treatment facilities, District shall be
entitled to a credit of $157,500. This amount shall be
credited against the District's monthly service charges
which are payable by District to City under the
Agreement. Each month the amount of the subject service
charge bill from the City, less $1,000, which shall be
paid by District to City in any event, shall be deducted
from the aforesaid $157,500 principal balance of credit
due. Said credit arrangement shall be done each and
every month until such time as the $157,500 credit
arrangement has been depleted in its entirety.
4. The provisions of this Second Amendment, the provisions
of the First Amendment, and the provisions of the
® contract shall be read together and construed as one
® Agreement provided that in the event of any conflict or
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® any inconsistency between the provisions of this Second
Amendment and the provisions of the contract, the
provisions of this Second 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 , 19
CITY OF BAYTOWN, TEXAS
By
ATTEST:
EILEEN P. HALL, City Clerk
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ATTEST:
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LAKE MUNICIPAL UTILITY DISTRICT
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