HomeMy WebLinkAboutResolution - 061374M - Amendment To Agree - Joe N. Nislar - Holly Avenue Plant - 06_13_197461e1374/49
RESOLUTION
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 directs
to execute for and on behalf of the City of Lubbock an AMENDMENT TO AGREE-
MENT between the City of Lubbock and Joe No Nislar and O. L. Nislar, covering
excess blow -down water at Holly Avenue plant attached herewith which shall be
spread upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully copied herein in
detail.
ssed by the City Council this 13th day of June 1974.
ROY BA.SS, MAYOR
TTEST:
reva Phillips, City Ocretary-Treasurer
APPROVED AS TO FORM:
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AMENDMENT TO AGREEMENT
THE STATE OF TEXAS I
COUNTY OF LUBBOCK
This Amendment to an Agreement between Joe. N. Nislar and O. L. Nislar,
hereinafter called "Owners", of Lubbock County, Texas,. and the City of Lubbock,
Texas, a Home Rule Municipal Corporation of Lubbock County, Texas, hereinaftej
called "City".
WITNESSETH:
WHEREAS, the Owners and the City entered into an Option Agreement dated
December.5. 1963, and such was exercised by the City by Agreement entered into
on February 3, 1964, for the purchase of a tract of land for the construction there
on of an electric generating station and the disposal of "Excess Blow -Down Water"
generated by the operation of this facility, and;
WHEREAS, the parties to such Agreement mutually agree to amend the Agree-
ment dated February 3, 1964 as follows:
1. Paragraph No. 6 of the Agreement, relating to the suitability of "Excess
Blow -Down Water" is hereby amended to read as follows:
6. In the event that the suitability for general agricultural purposes of any
waters from the first unit or the second unit, if the second unit water
option is exercised by the Owners or their heirs or assigns, is challeng<
by such Owners, such suitability shall be determined by the Owners,
their heirs or assigns. Such challenge must be presented to the City
in writing and the City shall be allowed two years from the date of such
motion to construct facilities to dispose of the unsuitable water. In
the event of a natural disaster, emergency, labor strike or an Act of
God which delays such construction of disposing facilities, the Owner
shall grant to the City an additional period of time for the construction
of disposing facilities as may be agreed upon by the parties.
2. Paragraph Number 8 of such Agreement is amended by adding thereto the
following:
The City does not assume any responsibility or liability for the quality
of water delivered to the Owners and does not in any fashion warrant,
claim or presume the suitability of such waters for agricultural
irrigation purposes.
EXECUTED this 13th day of June 1974.
NE
ZF N. NISLAP
O. L. NISLAR
ATTEST:
reva Phillips, City Se retary-Treasurer
APPROVED AS TO FORM:
Fred O. Senter, Jr., y Attorney
C OF LUBBOCK
l ss
ROY BASS, MAYOR