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Ordinance No. 9,657ORDINANCE NO. 9657 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF DXI INDUSTRIES, INC., FOR THE ANNUAL SULFUR DIOXIDE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -EIGHT THOUSAND EIGHT HUNDRED AND NO /100 DOLLARS ($38,800.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, DXI Industries, Inc., was awarded the Annual Sulfur Dioxide Contract on October 24, 2002, pursuant to competitive bidding procedures, which contract included an option by the parties to renew for three additional one -year periods; and WHEREAS, DXI Industries, Inc., has indicated its willingness to renew the contract for an additional year under the same terms and conditions; and , WHEREAS, the Administration has reviewed the market conditions and recommends renewal as being in the best interest of the City; 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 renews the Annual Sulfur Dioxide Contract with DXI Industries, Inc., for the sum of THIRTY -EIGHT THOUSAND EIGHT HUNDRED AND NO/ 100 DOLLARS ($38,800.00) and authorizes payment thereof. Section 2: That pursuant to the provisions of Texas Local Government Code Annotated § 252.048, the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty-five percent (25 %) or decreased by more than twenty-five percent (25 %) without the consent of the contractor to such decrease. Section 3: This ordinance shalt take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, RE-AD and PASSED by the affirmative vote of the City Council of the City of Baytown this the 23`d day of October, 2003. PETE C. ALFARO, Mayor ATTEST: G RY SMITI-I, City Clerk APPROVED AS TO FORM: 4UOIQ 4"le 4MIACIO RAMIREZ, SR., Ci ttorney F:1Karen \F0es \City Council\ Ordinances\ ReneWAnnualSulfurDioxideContract .doc