Ordinance No. 10,488ORDINANCE NO. 10,,488
AN (DRIMAINCE, OF THE MY CUUNC]L, 01"ITIF' (",71TY OF BAYTONVN,
TEXAS, APPRC)VING TIE Sl C'()ND CONTRAC-F AMENDMENT TO r1-1E
I VFN
LINTRE'-AIJ-1) WATER SUPPLY AGREEM]",NTRETWEENT1 1E 3A 'TO I
AREA WAVITR ALTMORM! AND THE C'FTY OF' HOUSTON TO
INCRLiASE BAWA'S ANI.) PROVIDING UOR TFIE
E,FFECT1\/F L)A]"E,
13E IT ORDAINE'D BY THE (ITY COUNCIL OF TIJE (A FY (),F BAYTOWN,
Tv,.XAS:
Section I: That the t. 11, Counvil or the Chy of Bay=", TV= hemby appmves M,-,
second Contract Amendrimn to Me thowmed Water Supply Ag
p-eernent hemeen the Baytown
Area Water AinhwAy and we co orHoumon to increase BAWA's conlr,,wt quantity. A copy of
mwh connuct k aluiched hereto as EMU M" and incorporated Herein Im all intents and
purposes.
sectic'm 2, : Thk Mnmwe WWI take Vict Vmela% kom amd aft er ils passnge b,y
the City C,"ouncd of the C.'ity c,4'Baybown.
INTRODUCIED, READ and PASSED by the alhrmatk 6 VOte Ofthe Ci�y COLITICil ot"the
(my or Baytown ths Tc V day w5voriber 20ML
APPROVED AST(.)
C 10 fz ki'l i, z s
R Kann 1 des C1, TAmna khlmm"N 20h %unmhw AH AMM,MB
H. DONCARLOS, N(Iayor
SECOND CONTRACT AMENDMENT
UNTREATED «'ATER SUPPLY CONTRACT
THIS SECOND CONTRACT -40IENDNIENT is made and entered into by and between the
CITY OF HOUSTON, TEXAS ( "Seller ") and the BAYTOWN AREA WATER AUTHORITY
("Buyer").
WITNESSETH:
WHEREAS, the Seller and the Buyer entered into Contract No. 34739 on or about October 24,
1994 for the purchase of untreated water ( "Untreated Water Contract "); and
WHEREAS, the Seller and the Buyer entered into the Amendment ("Amendment ") to the
Untreated Water Contract on or about January 3.2005; and
WHEREAS, the Buyer desires to change its Contract Quantity from 15.8 million gallons per
day to 20 million gallons per day; and
WHEREAS, the Seller is agreeable to changing the Contract Quantity;
NON'S', THEREFORE, for and in consideration of the premises and mutual covenants and
agreements herein contained. the parties agree as follows:
1.
Article I of the Amendment is amended such that the Contract Quantity is increased to 20
million gallons per day.
H.
The Untreated Water Contract, the Amendment and this Second Amendment are the entire
agreement of the parties. In the event of any conflict between or among these documents, the
provisions of the latest Amendment shall control.
EIM A
RAKarcn\Files\BAWA \City of Houston Contract ApprovakBAl'TOWT12.DOC
10/18/2006
IN WITNESS WHEREOF, the Parties have signed this Second Amendment in multiple
copies, each of which shall be deemed an original, but all of which shall constitute but one and the
same contract. as of the date of countersignature.
CITY OF HOUSTON, TEXAS
(4C1t5'11)
By:
Mayor
Title:
ATTEST /SEAL:
City Secretary
APPROVED:
Director, Department of Public Works
and Engineering
APPROVED AS TO FORM:
Sr. Assistant City Attorney
L.D. File No. 0800100213 -003
COUNTERSIGNED:
City Controller
DATE OF COUNTERSIGNATURE:
BAYTOWN AREA WATER AUTHORITY
BAYTOWN, HARRIS COUNTY, TEXAS
(`Buyer ")
By: _
Name:
Title:
ATTEST /SEAL:
By: _
Name:
Title:
RAKaren \Piles\BA WA \City of Houston Contract ApprovaABAYTOWN2.DOC 2
10/18/2006
BUYER'S ACKINOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on
by
(name)
Authority.
(date)
President of Baytown Area Water
Notary Public in and for the
State of Texas
Commission Expires:
R:\karen \Files \BAWA \City of Houston Contract Approval\BAYTOWNIDOC
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