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HomeMy WebLinkAboutResolution - 2003-R0214 - Joint Gas Purchase Contract - Texas Municipal Gas Corporation - 05_22_2003Resolution No. 2003-RO214 May 22, 2003 Item No. 64 RESOLUTION 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 for and on behalf of the City of Lubbock a waiver of Section 16.03 of the Joint Gas Purchase Contract dated as of April 1, 1998 by and between the City of Lubbock, Texas, Texas Municipal Gas Corporation and the City of LaGrange, Texas. Said waiver is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 22nd day ATTEST: 1 Reb cca Garza, City Secretary APPROVED AS TO CONTENT: t Carroll McDdnald Chief Executive Officer Department of Electric Utilities City of Lubbock APPROVED AS TO FORM: C-��44Z' L.-Wade City Attorney ccdocs\Contract notice waiver 2003.RES Resolution No. 2003-RO214 P.O. Box 2000 1625 13'b Street Lubbock, Texas 79457 April 29, 2003 Texas Municipal Gas Corporation Three Riverway, Suite 1375 Houston, Texas 77056 Attention: Robert D. Murphy, Jr., Executive Director Ladies and Gentlemen: We hereby waive compliance with any obligation on your part to give us at least 75 days notice pursuant to Section 16.03 of the Joint Gas Purchase Contract dated as of April 1, 1998, between Texas Municipal Gas Corporation and other Texas municipalities, of the issuance prior to July 1, 2003, of up to $550 million aggregate principal amount of bonds to finance the acquisition or development of mineral interests. We acknowledge that by waiving any obligation on your part to give us 75 days notice of the bond issue, we will remain obligated, but only up to our gas requirements, to purchase gas produced from mineral interests acquired or developed with proceeds of the bonds (as and to the extent and on the conditions described in the Joint Gas Purchase Contract and our Purchaser Addendum to the contract), unless we give you notice to phase out of our purchase commitment at least 45 days before the bonds are issued. Very truly yours, to Dated: Name: Marc McDougal Title: Mayor, City of Lubbock MATT:sh Cityatt/Maf n MGC waiver April 29, 2003