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Ordinance No. 11,793ORDINANCE, NO. 11,793 AN ORDINANCE 01- TI 11; CITY COUNCIL OFTHE CITY OF BAYTOWN,TEXAS, RE-INIHWINGTHE ANNUAL SULFUR DIOXIDE CONTRACT WITH DXI INDUSTR11--'S, INC.; AUTHORIZING PAYNIF.NT BY THE CITY OF BAYTOWN, THE SUM 01` SI'VENTY-NINE THOUSAND SIX HUNDRED EIGHT AND NO/100 DOLLARS ($79,608.00); MAKING OTHER PROVISIONS RELATED THERE'"I"O; AND PROVIDING FORTHE DATETHEREOF. Wllf--,,�REIAS, DXI Industries, Inc,, wasaw,arded the Annual Sulfur Dioxide Contract on November25, 2008, pursuant to competitive bidding Procedures, which contract included an option by tile parties to renew for additional one-year periods; and WHERF'AS, such contract was renewed oil November 12,2009, and October 25, 2010, and carl be renewed again for an additional one-year term ;and W[IERFI�AS, DXI Industries, Inc., has indicated its willingness to renew the contract for anadditional year under the same terms and conditions; and WHEREAS, tile Administration has reviewed the market conditions and recommends renewal as being in the best interest of the City; NOWT llt';"R EFORE BE IT ORDAINI�D BY TI If," CITY COUNCIL CAF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of the City of Baytown hereby renews tile Annual Sulfur Dioxide Contract with I)XI Industries, file., Isar anadditional one-year period. Section 2: That the City Council ofthe City ofBaytown hereby authorizes paynient in all aniount not to exceed SEVENTY-NINF' THOUSAND SIX HUNDRED ElGi-rr AND NO/100, DOLLARS ($79,608.00), to DX I Industries, Inc., for tile Annual Sulfur Dioxide Contract. Section 3: That pursuant to [fie provisions of Texas Local Government Code Annotated §252,048, the City Manager is hereby granted general authority to approve any change order involving as decrease or an increase in costs THOUSAND AND NO/] 00 DOLLARS ($50,00( 0.00) or less, subject to the provision that the original contract price may not be increased by 1110TC than twenty-five percent (25%) or decreased by more than twenty -five percent (25%) without the consent of tile contractor to such decrease. Section 4: This ordinance shall take effect immediately from, rid alter its passage by Ific City Council of the City of Baytown. INTRODUCI"I'l), READ and PASSED by the affirmative v Baytown this the 10"' day of November, 2011 e 1qr6A"ClO IRZAMIRE��'Z, SR., CiUA roar T15 VC, obfso VIC galR arc 11W, ilc S\(,' i ky CokmQfl\01diku1mQQ0 I 11,Nownibu ftw& tile City Council of' thc City of 1-1. DONCARLOS, Mayor