R2005-0018 01-24-05 RESOLUTION NO. R2005-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING A WHOLESALE WATER CONTRACT AMENDMENT
WITH THE CITY OF HOUSTON.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract amendment by and between the City of Pearland
and the City of Houston, a copy of which is attached hereto as Exhibit "A" and made a part
hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a wholesale water contract amendment with the City of
Houston.
PASSED, APPROVED and ADOPTED thisthe 241:h dayof January ,
A.D., 2005.
ATTEST:
y N G ~O~F~T~ G~, TR~C /
SEE~,ETARY
APPROVED AS TO FORM:
D/~¢,RIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Exhibit "A"
Resolution No. ?~005-!,8
SECOND AMENDMENT
TO
WATER SUPPLY CONTRACT
BETWEEN
THE CITY OF HOUSTON, TEXAS
AND
THE CITY OF PEARLAND, TEXAS
THIS SECOND AMENDMENT TO THE WATER SUPPLY CONTRACT
("Second Amendment") is made by and between the CITY OF HOUSTON ("Houston") and
the CITY OF PEARLAND ("Pearland").
WHEREAS, Houston and Pearland entered into the Water Supply Contract ("Original
Contract") on or about June 16, 2000; and
WHEREAS, Houston and Peat'land entered into the Amendment to the Water Supply
Contract ("Amendment") on or about July 19, 2001; and
WHEREAS, the parties desire to change the delivery limitations in the Original
Contract;
NOW, THEREFORE, for and in consideration of the premises and the mutual
covenants and agreements herein contained, the parties hereto agree as follows:
I.
Section 5.04 is amended to read as follows:
5.04--Delivery Limitations
Pearland shall not be guaranteed any specific quantity or pressure of Water whenever
Houston's water supply is limited or when Houston's equipment may become inoperative due
to unforeseen breakdown or scheduled maintenance and repairs. Houston is in no case to be
held to any liability for failure to furnish any specific amount or pressure of water. Pearland
C:~DOCUMEM \amueller. COP\LOCALS- I\Temp~PEARLAN DDOC ~ 1/14/2005
agrees to restrict its peak water usage for the McHard Point of Delivery as follows unless a
higher rate is authorized by the Utility Official:
January 1, 2005 to December 31, 2005:
January 1, 2006 to December 31, 2006:
Three (3.0) million gallons per day
Five (5.0) million gallons per day
Houston hereby affirms its intent to initiate system improvements sufficient to deliver
six (6.0) million gallons per day of water at the McHard Point of Delivery of water on or
before January 1, 2006. Upon completion of such improvements, expected, but not guaranteed
to be on or before January 1, 2007, the Utility Official shall authorize a peak usage not to
exceed six (6.0) million gallons per day. Upon such authorization, Pearland agrees to restrict
its peak usage for the McHard Point of Delivery of water to six (6.0) million gallons per day.
Peak usages at other Points of Delivery will be determined by the Utility Official prior
to connection to the Houston System.
Houston may reduce the supply of water only in accordance with the laws of the State
of Texas, particularly Section 11.039(a) of the Texas Water Code.
II.
The Original Contract, the Amendment, and this Second Amendment are the entire
agreement of the parties. In the event of irreconcilable conflict between these documents, the
provisions of this Second Amendment shall control.
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IN WITNESS WHEREOF, the parties have executed this Second Amendment in
multiple copies, each of which shall be deemed to be an original, effective on the date of
countersignature indicated below.
CITY OF~OUSTON, TEXAS
Mayor
THE CITY OF PEARLAND, TEXAS
By: ~_ ~-------~
City Manager
Executed for and on behalf of City of
Houston pursuant to authority granted by
City Council Ordinance No.
Executed for and on behalf of City of
Pearland pursuant to authority granted by
City Council Resolution No. 2005-18
City Secretm4j
APPROVED:
Director, Department of Public
Works and Engineering ~
APPRO/NjED AS TO FORM:
Sr. Assistant~ne~'
L.D. File No. OC~O%~ 000~0
f~OUNTERSIGNED BY:
DATE COUNTERSIGNED:
ATTEST/SEAL:
/~ Secre~&~/'"~' ,/
_~OVED AS TO FORM:
City Attorney
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