BAWA Resolution No. 2011-03 RESOLUTION NO. 2011-03
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER
AUTHORITY DECLARING AN EMERGENCY; AUTHORIZING THE GENERAL
MANAGER OF THE BAYTOWN AREA WATER AUTHORITY TO EXECUTE A
CONTRACT FOR EMERGENCY REPAIRS TO BAWA'S 30-INCH WATER LINE
LOCATED ON CEDAR BAYOU LYNCHBURG ACROSS FROM EAST ROAD;
AUTHORIZING PAYMENT BY THE BAYTOWN AREA WATER AUTHORITY, IN THE
AMOUNT OF ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS
($150,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
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WHEREAS, the Baytown Area Water Authority's 30-inch water line located on Cedar Bayou
Lynchburg across from East Road (the"Line")has broken and is leaking; and
WHEREAS, water from the Line is bubbling to the surface; and
WHEREAS,water is coming out faster than it was when the break was first discovered; and
WHEREAS, there is a real potential for undermining of the bridge abutment if the break is not
repaired as soon as possible; and
WHEREAS, to preserve the health, safety and well-being of the residents of the City of
Baytown,who are service residents, immediate repairs are necessary;NOW THEREFORE
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 finds
that the recitals contained hereinabove are true and correct and are the findings of the Board of
Directors of the Baytown Area Water Authority. As such, the Board of Directors hereby declares an
emergency because of the existence of an imminent threat to public health and safety and/or a
reasonably unforeseeable situation due to the findings contained in the recitals.
Section 2: That subject to the approval of the City Council of the City of Baytown, Texas, the
Board of Directors of the Baytown Area Water Authority hereby authorizes the General Manager of the
Baytown Area Water Authority to execute a contract for emergency repairs to BAWA's 30-inch water
line located on Cedar Bayou Lynchburg across from East Road under terms and conditions satisfactory
to the General Manager and General Counsel.
Section 3: That subject to the approval by the City Council of the City of Baytown, Texas, of the
authorization referenced in Section 1 hereof, the Board of Directors of the Baytown Area Water Authority
hereby authorizes the payment of an amount not to exceed ONE HUNDRED FIFTY THOUSAND AND
NO/100 DOLLARS ($150,000.00)consistent with the agreement to be executed by the General Manager.
Section 4: That the General 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 ten percent
(l 0%)or decreased by more than ten percent(10%)without the consent of the contractor to such decrease.
Section 5: 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 ofthe Board of Directors of the Baytourn
Area Water Authority this tie I" day of March,201 I.
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