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HomeMy WebLinkAboutResolution - 2000-R0403 - Amendment To Contract - Town Of Ransom Canyon - 11/07/2000Resolution No. 2000—@0403 November 7, 2000 Item No. 32 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 of Contract between the City of Lubbock and the Town of Ransom Canyon, and any other related documents. Said Contract 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 7th day of November 2000 Z1411C . ATTEST: Kaytin . Darnell, City Secretary APPROVED�ASnTO CONTENT: Terry Ell rbrook - Managing Director Water Utilities APPROVED AS TO RM: Richard I . asner Natural Resources Attorney RKC:cp CWms/C0L-Rammn2xnyon.Ra Ocinl�er S, ]pp Resolution No. 2000-RO403 November 7, 2000 Item No. 32 AMENDMENT OF CONTRACT This Amendment of Contract is made by and between the City of Lubbock (the "City"), a home rule municipal corporation located in Lubbock County, Texas, and the Town of Ransom Canyon (the "Wholesale Customer"), a municipal corporation in Lubbock County, Texas. WHEREAS, pursuant to Contract dated on or about December 15, 1988, the City and the Wholesale Customer entered into that certain contract providing for, among other things, the purchase of water from the City by the Wholesale Customer (the "Contract"); WHEREAS, certain circumstances have changed since the inception of the Contract, the City and Wholesale Customer now desire to amend the term of the Contract. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of' which being acknowledged herein by City and Wholesale Customer, the City and Wholesale Customer hereby agree to amend the Contract, as set forth below. 1. Section 6-4 of the Contract is deleted in its entirety and replaced with the following, to -wit: 6.4. Term of Contract The term of this Contract shall be (i) a period of thirty (30) years from its effective date; or (ii) for so long as the water supply for the wells of the Wholesale Customer, as depicted on Exhibit "A" attached hereto (the "Wells"), shall contain nitrate levels exceeding 10 mg/l, whichever is longer. The City is granted the right to enter upon lands of Wholesale Customer at all reasonable times and to test the Wells and/or the water supply for the Wells during the term of this Contract. Any test results of the Wells received by either the City or Wholesale Customer shall be provided, at no expense, to the other party on or before thirty (30) days of receipt by testing party. Wholesale Customer is given an option and contract for an additional period of thirty (30) years provided that at least twenty-four (24) months prior to the expiration of the initial term of this Contract, City and Wholesale Customer, in good faith begin to negotiate another contract pertaining to purchase of water from City by Wholesale Customer containing mutually agreeable terms and conditions. If another contract is not consummated, City shall not terminate service until Wholesale Customer has had a reasonable time (such time not to exceed two (2) years), in which to procure alternate service and this Contract shall remain in force until Wholesale Customer procures alternative service or the expiration of two (2) years, which ever event occurs first. 2. Except as expressly amended by this Amendment of Contract, all other terms and provisions of the. Contract shall remain in full force and effect as originally provided therein. SIGNED this the 7th day of November , 2000. CITY OF LUBBOCI': TOWN OF RANSOM CANYON TT A O LEON WHETZEL,MAY OR— ATTEST: ATTEST: kn 1 .A0 0k. Uh A L1'ann G Ka hie Darnell, City Secret y APPROVED AS. TO CONTENT: G_ Terry Ell rbrook Managing Director Water Utilities APPROVEDAS ORM: Richard Casner Natural Resources Attorney KKC:M CLyauNichm%WLole ICCn9oiner-Ra C]nyonCmimmAinaWinem ticry�nW 25.2000 Secretary UC I. 6W '00 84;28 PM TOUN OF RANSOM CANYON: TEXAS G06 •829 2680 •.-• �• P. 81 f •.S p '� � d Jy1 J n•• s t• 21 ; • �i C � i J 1 i I Illy i.i it 1 / .,\ /I.1 'moi• m�_. ,..e...— ..___-•- � � ' � Ems\ � fir• '`�� EXHIBIT"A"