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Ordinance No. 5,409C 0 891214 -4 ORDINANCE NO. 5409 ways Keg E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS. Section s Baytown, Texas, hereby approves and authorizes the execution of an amendment - Engineering Services Agreement Engineering, Inc. and the City of Baytown. above referred attached hereto, marked and made a part hereof for and purposes. Section This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, >D City Council of the December, 1989 and PASSED vote of the City of Baytown, this the 14th day of v tMKETT 0. HUTTO, Mayor V.WV&VW n „8 EILEEN P. ALL, City Clerk FIRST AMENDMENT TO THE ENGINEERING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF BAYTOWN AND LANGFORD ENGINEERING, INC. THE STATE OF TEXAS : COUNTY OF HARRIS : This First Amendment ("Amendment") to that certain "Engineering services Agreement" between the City of Baytown and Langford Engineering, Inc., dated July 12, 1982, 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 ("Owner") and Langford Engineering, Inc. ("Engineer") did enter into an Engineering Services Agreement, on February 2, 1982, ("Agreement"); and WHEREAS, Owner and Engineer now desire to increase the scope of the work performed pursuant to the Agreement; NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby mutually agree as follows: 0 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 Agreement. II The provisions of the Agreement defining the "Project" are hereby repealed, and a new definition of "Project" is hereby inserted to read in its entirety as follows: WITNESSETH, that whereas the Owner intends to construct certain sanitary sewerage system and other improvements designated as part of the 1981 Capital Improvements Program, and certain other sanitary sewerage improvements along State Highway 146 between Cedar Bayou and Interstate 10, and whereas such Capital Improvement Program and other sanitary sewerage improvements along State Highway 146 are hereinafter referred to as the "Project," subject to the limitations and restrictions as set forth hereinafter. • III The provisions of this Amendment and the provisions of the Agreement 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 Agreement, 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 r 1989. ATTEST: EILEEN P. HALL, City Clerk ATTEST: Secretary S:5:36:2 CITY OF BAYTOWN BY: 'EMMETT 0. HUTTO, Mayor LANGFORD ENGINEERING► INC. BY: IVAN LANGFORD, JR. - 2 -