Ordinance No. 5,211890223 -1
ORDINANCE NO. 5211
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT TO THE TREATED WATER CONTRACT BETWEEN
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 AND
BAYTOWN AREA WATER AUTHORITY; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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 and authorizes the execution of an
amendment to the treated water contract between Harris County
Municipal Utility District No. 3 and Baytown Area Water
Authority. A copy of the above referred to 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
City Council of the
February, 1989.
and PASSED by the affirmative vote of the
City of Baytown, this the 23rd day of
GL
4METT 0. H TTO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
RANDALL S RONG, C Attorney
C:1 :5:3
SECOND AMENDMENT
TO THE
WHOLESALE WATER SUPPLY CONTRACT
(TREATED WATER)
BY AND BETWEEN
BAYTOWN AREA WATER AUTHORITY
AND THE
HARRIS COUNTY MUNICIPAL UTILITY
DISTRICT NO. 3
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 Municipal
Utility District No. 3 dated October 18, 1982, as amended by
First Amendment dated March 19, 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 Municipal Utility District No. 3 ( "Buyer ") did
enter into a Wholesale Water Supply Contract, Treated Water on
October 18, 1982, and amended March 19, 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:
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are hereby repealed, and a new Section 2.2 is hereby inserted to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:
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: 62,000 gallons per day
(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, but which in no event shall be later than
January 1, 1983.
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.
2
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 , 1989►
the date of execution by the President of the Baytown Area Water
Authority.
ATTEST:
'Yi-1 G
Secretary
ATTEST:
Secretary
S :5 :19:3
BAYTOWN AREA WATER AUTHORITY
BY •c- 4r',
President
HARRIS COUNTY MUNICIPAL UTILITY
DISTRICT NO. 3
BY:
- 3 -
aa! A
President