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Ordinance No. 10,740ORDINANCE NO. 10,740 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 FIFTY-ONE THOUSAND EIGHT HUNDRED SIXTEEN AND NO/100 DOLLARS (551,816.00); 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 26, 2004, pursuant to competitive bidding procedures, which contract included an option by the parties to renew for additional one-year periods; and WHEREAS, such contract was renewed September 27,2005 and again on September 28,2006, and can be renewed for an additional one-year term; 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 contract of DXI Industries, Inc., for the Annual Sulfur Dioxide Contract for the sum of FIFTY-ONE THOUSAND EIGHT HUNDRED SIXTEEN AND NO/100 DOLLARS ($51,816.00), 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, provided 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 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 C/t/Council of the City of his the 25th day of October, 2007. STBP DONCARLOS, May6Y Clerk "APPROVED A.S TOipRM: ZNACIGRAWf.REZ, SR., G% Attorney R:\kareiiiFiiftiCrty "Council\Ordinances\2007\October25\RenewAnnualSulfurDioxideContract.doc