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HomeMy WebLinkAboutResolution - 2001-R0263 - Contract Extension With Texas Municipal Gas Corporation - 06/26/2001Resolution No. 2001-RO263 June 26, 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 Extension between the City of Lubbock, Texas Municipal Gas Corporation and the City of LaGrange, Texas to extend the term of the existing Joint Gas Purchase Contract, and all related documents. Said Extension 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 26th day of June , 2001. WIND SITT ,MAYDR ATTEST: Rebecca Garza, City Secretary APPR VEDAS TO CONTENT: Paul'E. Thompso Managing Director of Electric Utilities APPROVED AS TO FORM: Matth& L. Wade Assistant City Attorney MLW:cp CityatUMatt &Ccdoes/TMGC-LaGrange-ContractExtension.Res June 20, 2001 Resolution No. 2001—RO263 June 26, 2001 Item No. 35 EXTENSION OF GAS PURCHASE CONTRACT This Extension of Gas Purchase Contract supplements and amends the Purchase Contract entered into by the Buyer, the Agent, and TMGC, all identified below, by which the Buyer became a party to and assumed the rights and obligations of a "Buyer" under the Joint Gas Purchase Contract, dated as of April 1, 1998, between TMGC and the Agent, for the term stated in the Purchase Contract, in order to become eligible to purchase natural gas from TMGC through the Agent at prices below those otherwise payable by the Buyer. The term of the Purchase Contract is hereby extended to December 31, 2021. The term of the Purchase Contract shall be automatically extended by one year on each December 31, beginning December 31, 2001, unless the Buyer, TMGC, or the Agent has given written notice to the other two parties of its election not to extend the term of the Purchase Contract prior to such December 31, but in no event shall the term of the Purchase Contract be extended beyond December 31, 2030, except by written amendment executed by the Buyer. The Purchase Contract may continue to be phased out at the election of the Buyer as described in the Joint Gas Purchase Contract. The parties have caused this Extension of Gas Purchase Contract to be duly executed as of this 26th day of June , 2001. Attest/Countersign: By: Name: Rebecca Garza Title: City Secretary Attest/Countersign: By: ................................. Name: Violet Zbranek Title: City Secretary Attest/Countersign: By. .............................. Name: Larry Wessels Title: Secretary APPROVED AS TO CONTENT: . A)aPau E. Thompson Managing Director of Electric Utilities BUYER: CITY OF LUBBOCK, TEXAS By:.......... . Name: Windy Sitto Title: Mayor AGENT: CITY OF LA GRANGE, TEXAS By: ................................................ Name: James V. Zimmerhanzel Title: Acting Mayor TMGC: TEXAS MUNICIPAL GAS CORPORATION By: ............................................... Name: Glen Pape Title: President APPROVED AS TO FORM: MaKh:.Wade Assistant City Attorney N Resolution No. 2001—RO263 EXTENSION OF GAS PURCHASE CONTRACT This Extension of Gas Purchase Contract supplements and amends the Purchase Contract entered into by the Buyer, the Agent, and TMGC, all identified below, by which the Buyer became a party to and assumed the rights and obligations of a "Buyer" under the Joint Gas Purchase Contract, dated as of April 1, 1998, between TMGC and the Agent, for the term stated in the Purchase Contract, in order to become eligible to purchase natural gas from TMGC through the Agent at prices below those otherwise payable by the Buyer. The term of the Purchase Contract is hereby extended to December 31, 2021. The term of the Purchase Contract shall be automatically extended by one year on each December 31, beginning December 31, 2001, unless the Buyer, TMGC, or the Agent has given written notice to the other two parties of its election not to extend the term of the Purchase Contract prior to such December 31, but in no event shall the term of the Purchase Contract be extended beyond December 31, 2030, except by written amendment executed by the Buyer. The Purchase Contract may continue to be phased out at the election of the Buyer as described in the Joint Gas Purchase Contract. The parties have caused this Extension of Gas Purchase Contract to be duly executed as of this 26th day of June , 2001. Attest/Countersign: By:. .................. Name: Rebecca Garza Title: City Secretary Attest/Countersign: r Name: Violet Zbr ne Title: City Secretary Attest/C tersign: By. Name: Larry essels Title: Secretary APPROVED AS TO CONTENT: ....... .............. Paul E. Thompson Managing Director of Electric Utilities BUYER: CITY OF LUBBOCK, TEXAS B :....... 1 /4.000, Name: Windy Sitto Title: Mayor AGENT: CITY OF LA GRANGE, TEXAS By:.......... Na 1 Joel 1�D2r�� Title: Mayor TMGC: TEXAS MUNjCjPAL GAS CORPORATION By:..... .. ........C%-7.0 ................ Name: Glen Pape Title: President APPROVED AS TO FORM: -Z- I am....... ...,/- .............`.w L. Wade Assistant City Attorney Resolution No. 2001-RO263 EXHIBIT A to GAS EXCHANGE AND ANNUAL BALANCING AGREEMENT 1:111•/ �! :7� 1� 17 �1►1 Illl►� I BUYER ADDENDUM NO.1 This Addendum to that certain Gas Exchange and Annual Balancing Agreement, dated as of June 1, 1998 (the "Exchange Agreement"), between the Texas Municipal Gas Corporation ("TMGC") and Coral Energy Resources, L.P., a Delaware limited partnership (the "Dealer"), is entered into by such parties and the Buyer designated herein to designate a Buyer, or one or more of such Buyer's Points of Receipt or a new Supply Contract and Supplier for such Buyer, all of which shall be as follows effective with the Day that commences on the Effective Date specified below: Buyer: City of Lubbock, Texas Buyer's Address: P.O. Box 2000 * 1625 13th Street * Lubbock, TX 79457 Buyer's Point of Receipt: Points Specified in Exhibit "A" of Supply Contract Effective Date: May 1, 2001 Supplier: PowerTex Joint Venture (A subsidiary of Conoco Inc. which purchased PowerTex Joint Venture from LG&E Energy Marketing, Inc.) Supplier Address: Supply Contract: Supply Contract Expiration Date: Sales Tax Exemption: Conoco Inc. * Cherokee, 1081 * 600 N. Dairy Ashford (77079-1175) * P.O.Box 2197 * Houston, TX 77252-2197 Gas Sales Contract dated July 1, 1998 July 1, 2008 Attached hereto as Exhibit B is a sales tax exemption certificate duly executed by Buyer in favor of Dealer. This Addendum supercedes all prior addenda to the Exchange Agreement designating the same Buyer. Executed and delivered to be effective as of the above Effective Date. CORAL ENERGY RESOURCES, L.P. TEXAS MUNICIPAL GAS CORPORATI N N By:........................................ By:........ ...�........... Name :.................................... Name: Glen Pape Title: .................................... Title: President CITY OF LUBBOCK, TEXAS By: ........................................ Name:.................................... Title: ....................................