Res 2004-126 - Laserfiche WebLink

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107. FIRST AMENDMENT TO AMENDED AND RESTATED WASTEWATER TREATMENT SERVICES CONTRACT THE STATE OF TEXAS COUNTY OF HAYS § § § This First Amendment to Amended and Restat~d Wastewater Treatment Services Contract (this "First Amendment") is made and entered idto on July 27, 2004 (the "Effective Date") between Hays Energy Limited Partnership, a Delaware limited partnership ("Hays Energy") and the City of San Marcos, Texas (the "City"), a Texas municipal corporation. WITNESSETH WHEREAS, the City and Hays Energy entered into the Amended and Restated Wastewater Treatment Services Contract on July 11,2000 ("Wastewater Agreement"); and WHEREAS, the City and Hays Energy desire to amend the Wastewater Agreement in certain respects; NOW, THEREFORE, in consideration of the foregoing and the following mutual promises, covenants, benefits and agreements contained herein, the City and Hays Energy agree as follows: Article 1. General Provisions. Section 1.01. Definitions and Interpretation. Unless otherwise defined herein or the context otherwise requires, terms defined and the rules of interpretation contained in the Wastewater Agreement shall apply to this First Amendment. Article 2. Amendments. Section 2.01. With effect from the date ofthis First Amendment, the Wastewater Agreement is amended as follows: (a) Section 2.01.C is amended in its entirety to read as follows: "C. Intentionally omitted. In addition to any other amounts payable by Hays Energy, Hays Energy will \Jay to the City a monthly fee of $250.00 for each full month during which the Facility does not generate electricity." (b) Section 2.02.E is amended in its entirety to read as follows: "E. Hays Energy will dispose only of process wastewater from the Facility through the Wastewater Line, and the City will not permit any connections to be made to the Wastewater Line for the disposal of untreated wastewater without the written consent of Hays Energy, except as provided in Section 2.04. " 1