HomeMy WebLinkAboutResolution - 1310 - Amendment To Contract - CDTC - Recovery Plant - 01_27_1983R5SOLUTION
1 (See Reso. 61, 9/25/883 0
Reso 744, 3/12/8m
,P I Reso 1297, 1/13/83).
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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 an amendment
to the contract between Carbon Dioxide Technology Corporation and Lubbock
Power and Light, amending Section 7(c) of the original contract between the
two parties, 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.
Passed by the City Council this 27th day of January ,1983.
/' k_ - - 1: i
ALAN HENR , Mayor .r,o Tem
ATTEST:
Ev lyn Gaf a, City S re a reasurer
APPROVED AS TO CONTENT:
��� e& ��
Carroll McDonald,7Director of Electric Utilities
APPROVED AS TO FORM:
Ken JohnsonL Assistant City Attorney
RESOLUTION 1310 - 1/27/83
(See Reso. 611, 9/25/80, Reso. 744,
3/ 12/1
and Reso 1297, 1/13/83)
THIRD AMENDMENT TO
PURCHASE AND SALE AGREEMENT BETWEEN=�F?1?' Ps�.i�R
CARBON DIOXIDE TECHNOLOGY CORP. AND
CITY OF LUBBOCK
STATE OF TEXAS §
COUNTY OF LUBBOCK §
CARBON DIOXIDE TECHNOLOGY CORPORATION, a Texas corporation
(hereinafter referred to as "Buyer"), having its principal office
at 11211 Katy Freeway, Suite 320, Houston, Texas, 77079, and the
CITY OF LUBBOCK (hereinafter referred to as "Seller") do hereby
covenant and agree as follows:
WHEREAS, Buyer and Seller did mutually covenant and agree
and did enter into a contract on the 25th day of September, 1980;
and
WHEREAS, Buyer and Seller did mutually amend said Contract
as follows:
(a) First amendment dated March 12, 1981
(b) Second amendment dated January 13, 1983, and
WHEREAS, Buyer is required under the terms and provisions of
the original agreement between the parties to obtain approval by
manufacturer of Seller's major pieces of equipment located at
Seller's generating station in constructing Buyer's Recovery
Plant, and
WHEREAS, Buyer has attempted to comply with this provision
of the original contract between the parties but has met resis-
tance and a lack of cooperation from such manufacturer, and
WHEREAS, the provision in the original contract requiring
manufacturers approval was to insure Seller that the construction
of Buyer's Recovery Plant would not materially adversely effect
the operability, reliability or efficiency of Seller's generating
station equipment, and
WHEREAS, Buyer has offered at its sole expense to retain a
consulting engineer, registered to practice in the State of
Texas, who will review all of the designs and engineering of the
Recovery Plant as completed and certify to Seller that the
operations of said Recovery Plant as completed will not materially
adversely effect the operability, reliability or effieciency of
the equipment originally supplied by manufacturer to Seller's
generating station.
NOW THEREFORE, Seller and Buyer do mutually covenant and
agree as follows:
I.
ORIGINAL CONTRACT AND AMENDMENT
The original contract entered into on September 25, 1980,
shall remain in full force and effect except as amended in
writing by the parties hereto.
II.
UTILITIES, CONSTRUCTION AND 11AINTENANCE OF
CARBON DIOXIDE RECOVERY PLANT
That Section 7(c) of the original contract between the
parties be and is hereby amended to read as follows:
SECTION 7(c). Buyer agrees to cause the carbon dioxide
Recovery Plant (the "Recovery Plant") to be constructed
diligently and in a good and workmanlike manner upon the
Lease Tract in accordance with good practices in the in-
dustry and in accordance with all applicable federal, state
and local laws, rules and regulations. It is the intent of
Buyer to commence construction of the plant within six (6)
months of the date of this Agreement. Buyer agrees that the
completed interfaced design and engineering of the Recovery
Plant shall be approved by the Seller and by a third party
consulting engineer registered to practice in the State of
Texas. To evidence such approval, Buyer agrees to obtain,
at its own expense, the services of a third party consulting
engineer registered to practice in the State of Texas who
shall review all of the design and engineering of the Recov-
ery Plant as completed and certify to Seller that the oper-
ations of the Recovery Plant as completed will not materially
adversely effect the operability, reliability or efficiency
of the equipment originally supplied by manufacturer to
Seller's generating station. Prior to Buyer's commencing any
construction of the Recovery Plant, Buyer agrees to deliver
IWAS
the plans and specifications to Seller for its approval. In
the event Seller does not approve Buyer's plans, Buyer may
terminate this agreement and all obligations of Buyer here-
under shall be of no further force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement
this 27th day of January
ATTEST:
Evelyn Gaffga, City Sec ary
APPROVED AS TO CONTENT:
re -
Carroll McDonald, Director
Electric Utilities
APPROVED AS TO FORM:
Jdhn C. Ross, Jr., City Atty.
, 1983.
CITY OF LUBBOCK
(Seller)
ALA NRY, ayor Tem
CARBON DIOXIDE TECHNO]
CORPORATION Buy r)
B i
W. R. Wiggins, J
President 1�,
AT T:
ko
R. A. Mo un, Vice President
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