Ordinance No. 9,909ORDINANCE NO, 9909
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE AMENDMENT TO THE WATER SUPPLY
CONTRACT BETWEEN THE CITY OF HOUSTON AND THE BAYTOWN
AREA WATER AUTHORITY TO EXTEND THE TERM OF THE
CONTRACT AND INCREASE THE CONTRACT QUANTITY; 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 the
amendment to the Water Supply Agreement between the City of Houston and the Baytown Area
Water Authority. Such amendment is attached hereto as Exhibit "A" and incorporated herein 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 14th day of October, 2004.
CALVIN MUNDINGER, Mayor
ATTEST: .
r`
G W. SIMITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., CU Attorney
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• CONTRACT AMENDMENT
This CONTRACT AMENDMENT ( "the Amendment ") is made and entered
into by and between the City of Houston, Texas a municipal corporation and home -rule
City, which is principally situated and has its City Hall in Harris County, Texas ( "City"),
and the Baytown Area Water Authority, a governmental entity and body politic and
corporate, which is situated and has its principal office at Baytown, Harris County, Texas
( "Authority ").
WITNESSETH
WHEREAS, the City and the Authority entered into the Water Supply Contract
on or about October 24, 1994; and
WHEREAS, the Authority desires to extend the term of the Contract and increase
the Contract Quantity; and
WHEREAS, the City is agreeable to these changes;
NOW, THEREFORE, for and in consideration of the premises and mutual
covenants and agreements herein contained, the parties hereby agree as follows:
I.
Section 2.1 of the Water Supply Contract is amended by increasing the Contract
Quantity (as defined therein) to 15.8 million gallons per day.
II.
Article VIII of the Water Supply Contract is amended by extending the
termination date to December 31, 2040.
0 I9 A
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• III.
0
The Director of Public Works and Engineering ("Director ") is authorized to
reduce the Contract Quantity upon 30 days' notice to the Authority as follows:
If the Authority has failed to take at least 25% of the Contract Quantity for
each of 18 consecutive months, the Director may decrease the Contract
Quantity to the average monthly consumption by the Authority during the
latest 18 month period. In calculating the 18 month period, the Director
shall disregard any month where a force majeure prevented the Authority
from taking at least 25% of the Contract Quantity.
IV.
The Water Supply Contract and this Amendment are the entire agreement of the
parties. In the event of any conflict between a provision of the Water Supply Contract
and this Amendment, the provision of this Amendment shall control.
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•
IN WITNESS WHEREOF, the parties hereto have signed 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 contract, as of the date of countersignature.
BAYTOWN AREA WATER AUTHORITY CITY OF HOUSTON, TEXAS
BAYTOWN, HARRIS COUNTY, TEXAS ( "City")
( "Buyer ")
Name:
Title:
ATTEST:
Name:
Title:
Mayor
ATTEST:
City Secretary
APPROVED:
Director, Department of Public
Works and Engineering
APPROVED AS TO FORM:
Sr. Assistant City Attorney
COUNTERSIGNATURE:
Controller
COUNTERSIGNATURE DATE:
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•
•
BUYER'S ACKNOWLEDGMENT
THE STATE OF TEXAS
This instrument was acknowledged before me on
(date)
by , President of Baytown Area
(name)
Water Authority.
Notary Public in and for the
State of Texas
Commission Expires:
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