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BAWA Resolution No. 2006-11 RESOLUTION NO.2006-0011
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA
WATER AUTHORITY AUTHORIZING THE SECOND CONTRACT
AMENDMENT TO THE UNTREATED WATER SUPPLY CONTRACT WITH
THE CITY OF HOUSTON TO INCREASE CONTRACT QUANTITY;AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN AREA
WATER AUTHORITY:
Section 1:That the Board of Directors of the Baytown Area Water Authority hereby
authorizes the Second Contract Amendment to the Untreated Water Supply Contract with the City
of Houston.A copy of said amendment is attached hereto as Exhibit"A"and incorporated herein
for all intents and purposes.
Section 2:This resolution shall take effect immediately from and after its passage by the
Board of Directors of the Baytown Area Water Authority.
INTRODUCED.READ and PASSED,by the affirmative vote of the Board of Directors of
the Baytown Area Water Authority this the 161h day of November,2006.
OBE T L.GILLETTE,President
S,
LOR OOD,Assistant Secretary
APPROVED AS TO FORM:
-ACIO RAMIREZ.SR.,Ge(ie,I Counsel
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SECOND CONTRACT AMENDMENT
UNTREATED WATER SUPPLY CONTRACT
THIS SECOND CONTRACT AMENDMENT is made and entered into by and between the
CITY OF HOUSTON,TEXAS("Seller")and the BAYTOWN AREA WATER AUTHORITY
("Buyer".).
«'IT\rESSETH:
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;
NOW,THEREFORE,for and in consideration of the premises and mutual covenants and
agreements herein contained,the parties agree as follows:
I.
Article I of the Amendment is amended such that the Contract Quantity is increased to 20
million gallons per day.
II.
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.
EXM A
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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 BAYTOWN AREA WATER AUTHORITY
BAYTOWN,HARRIS COUNTY,TEXAS
("Buyer")
By:By:
Mayor Name:
Title:Title:
ATTEST/SEAL:ATTEST/SEAL:
By:
City Secretary Name:
Title:
APPROVED:
Director,Department of Public Works
and Engineering
APPROVED AS TO FORM:
Sr.Assistant Cite Attorney
L.D.File No.0800100213-003
COUNTERSIGNED:
City Controller
DATE 0h COUNTERSIGNATURE:
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BUYER'S ACKNOWLEDGMENT
THE STATE OF TEXAS§
COUNTY OF HARRIS§
This instrument was acknowledged before me on
(date)
by,President of Baytown Area Water
(name)
Authority.
Notary Public in and for the
State of Texas
Commission Expires:
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