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HomeMy WebLinkAboutResolution - 2001-R0067 - Contract Waiver - Texas Municipal Gas Corporation - 02/22/2001Resolution No. 2001-80067 February 22, 2001 Item No. 35 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 Contract Waiver by the City of Lubbock for Texas Municipal Gas Corporation regarding that Joint Gas Purchase Contract, dated April 1, 1998, and all related documents. 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 of February , 20N. WINDY SITTON, MAYOR ATTEST: Rebecca Garza, City Secretar APPR VER kS TO CONTENT: Pau E. Thomps, n Managing Director of Electric Utilities APPROVED AS TO FORM: Richard K. suer Natural Resources Attorney MLW:cp Cityatt/Matt &Ccdocs/TxMuniGasCorp-Waiver.Res February 15, 2001 Resolution No. 2001-R0067 P.O. Box 2000 * 1625 13th Street • Lubbock, TX 79457 (806) 775-3002 9 Fax: (806) 775-2051 February 15, 2001 Texas Municipal Gas Corporation Three River -way, Suite 1375 Houston, Texas 77056 Attention: Robert D. Murphy, Jr. Executive Director Dear 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, with your corporation and other Texas municipalities, of the issuance prior to April 18, 2001, of up to $416 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 your -- Windy Sitton Mayor ATTEST: Rebecca Garza, City Secretar Page 2 of 2 APPROVP AS TO CONTENT: Paul V Thompson Managing Director of Electric Utilities APPROVED AS TO FORM: Richard K. Casner Natural Resources Attorney