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HomeMy WebLinkAboutResolution - 1529 - Agreement - Pioneer Corporation - Gas Sales To LP&LW - 11_17_198318P DGV:cl RESOLUTION 1529 - 11/17/83 " See Reso. 987 - 12/10/81 (Amendment #��) See Reso 366 - 12/12/79 (Orig. contrast) RESOLUTION WHEREAS, the City of Lubbock and Pioneer'Corporation have heretofore entered into a Gas Sales Agreement dated December 14, 1979, providing for the sale and delivery of natural gas for municipal purposes; and WHEREAS, both parties desire to amend said agreement with regard to the point of delivery of said gas by Westar Transmission Company, a division of Pioneer Corporation, to the City of Lubbock; and WHEREAS, such change in delivery point will require certain changes in the Lubbock Power and Light and Water transfer formula, which are hereby authorized; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute on behalf of the City of Lubbock the attached Agreement to Gas Sales Agreement with Pioneer Corporation, which agreement is attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein; and THAT authorization BE and is hereby granted to modify the Lubbock Power and Light and Water transfer formula to include a further amount in lieu of the franchise tax amount heretofore paid by Pioneer Corporation on gas sales to Lubbock Power and Light and Water. Passed by City Council this 17th day of November, 1983. ATTEST: Evelyn Gaffga, City ecre y-Treasurer APPROVED AS TO CONTENT: Robert Massengale Assistant City Manager APPROVED AS TO FORM: . vanaiver, y Attorney PIONEER NATURAL GAS COMPANY (ADvisi 11OfPIONEER CORPORATION RESOLUTION #366 - 12/12/79 — >�,­"O.� R E C E I V E D JUL 2 r a I MAYOR'S OFFICE J. J. HEITZ July 22, 1980 Senior Vke President i Honorable Mayor and Members of the City Council City of Lubbock Lubbock, TX Attention: Mr. Bill Woods Re: Gas Sales Agreement dated December 1979 between Pioneer Natural Gas Company and City of Lubbock Gentlemen: This letter, when executed by you in the space below provided, shall constitute our agreement pursuant to Section 5, Article VII of the above referenced contract, that the term of said contract shall be extended to December 31, 1986. Except as expressly amended hereby, the aforesaid contract shall remain in force and effect pursuant to the terms and conditions therein contained. If you are in agreement with the foregoing, please so indicate by executing below and returning one fully executed copy of this letter to US. Yours very truly, PIONEER NATURAL GAS COMPANY, a ACCEPTED and AGREED to this 14th day of August 1980. CITY OF OC ,xv By aster, -Mayor POST OFFICE BOX 511 / AMARILLO. TEXAS 79163 / PHONE B06 376-3300 / TWX 910-69B.4106 RESOLUTION 1529 - 11/17/83 See Reso. 987 (12/10/81) - Amend. #1 See Reso. 366 (12/12/79) orig. Contra( AMENDMENT TO GAS SALES AGREEMENT ITY THIS AGREEMENT, made and entered into as of the Ist day of November, 1983, by and between WESTAR TRANSMISSION COMPANY, a Division of Pioneer Corporation, a Texas corporation, hereinafter referred to as "Seller" and CITY OF LUBBOCK, a municipal corporation, hereinafter referred to as "Buyer". W I T N E S S E T H: WHEREAS, Pioneer Natural Gas Company and Buyer are parties to a Gas Sales Agreement dated December 14, 1979, as amended, providing for the sale and delivery to Buyer of certain quantities of gas for municipal use; and WHEREAS, Seller has succeeded to the interests of Pioneer Natural Gas Company under said agreement for purposes of sales to Buyer's Holly Avenue Power Plant; and WHEREAS, ` the parties hereto desire to amend said agreement as herein- after provided; NOW, THEREFORE, it is mutually agreed between Buyer and Seller that effective as of November I, 1983, the said Gas Sales Agreement shall be amended and so as amended shall provide: ARTICLE 111, DELIVERY POINT, Section I, shall be deleted in its entirety and there is substituted therefor the following ARTICLE III, DELIVERY POINT, Section I. ARTICLE Ill DELIVERY POINT Section 1. The delivery of gas hereunder shall be made at points located at or near Buyer's Power Plants serving the City of Lubbock except .r b a Jj that for deliveries made to the Holly Avenue Power Plant shall be made at a point one hundred ninety-one feet seven inches (191' 7") south and 'two thousand one hundred thirty-seven feet four inches (2137' 411) east from the northwest corner of Section 5, Block S, Lubbock County, Texas. Except as hereby amended the original agreement dated December 14, 1979, as amended, shall continue in force and effect in accordance with its terms. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed on this the day and year first above written. �.,` ATTEST:'-, 1 As�si_!§_tan't Secp6tary J Secretary WESTAR TRANSMISSION COMPANY, a Division of Pioneer Corporation 1 By ­'J. Heitz, President 15 ✓ CITY OF LUBBOCK By - 2 -