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HomeMy WebLinkAboutResolution - 2730 - Amendment To Agreement - WTMPA - Power Sales, 4 Cities - 01/28/1988'.. ' . Resolution #2730 J January 28, 1988 Item #27 A RESOLUTION of the City Council of the City of Lubbock, Texas approving the form of and execution of an amendment to the Power Sales Contract between West Texas Municipal Power Agency and the City of Brownfield, Texas, City of Floydada, Texas, City of Lubbock, Texas, and City of Tulia, Texas (the "Cities"), dated as of July 1, 1985, declaring an effective date, and resolving other matters incident and related thereto. WHEREAS, on this date the City Council of the City of Lubbock, Texas (the "City") hereby determines that an amendment to that certain Power Sales Contract dated as of July 1, 1985 (the "Power Sales Contract") by and between the West Texas Municipal Power Agency and the Cities be made; and WHEREAS, an amendment to the Power Sales Contract (the "Amendment") has been prepared and submitted to the City Council for approval and execution, such Amendment being attached hereto as Exhibit A and incorporated herein by reference as a part of this Resolution for all purposes; and WHEREAS, the City Council hereby finds and determines that such Amendment should be approved and execution of the same for and on behalf of the City Council authorized; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: Section 1. That the Amendment attached hereto as Exhibit A, is hereby approved as to form and content, and the Mayor and City Secretary of the City are hereby authorized and directed to execute such Amendment in substantially the same form and content herein approved for and on behalf of the City Council of the City and as the act and deed of this City Council. Section 2. That the Amendment shall be in force and effect from and after same shall is approved by the Cities and the holders of the West Texas Municipal Power Agency Revenue Bonds, Series 1987. PASSED AND APPROVED, this January 28, 1988. ATTEST: City Secretary (City Seal) .2 2 6 6 B CITY OF LUBBOCK, TEXAS Mayor L EXHIBIT A Section 3(a)(1) of the Power Sales Contract shall be amended to read as follows: (1) Subject to existing contracts (or extensions thereof, if the Agency is a party to such extension agreement) purchase and receive from the Agency all Power and Energy which it shall require for the operation of its electric system in excess of the amount (i) supplied by any generation facilities owned by it on the effective date of this Contract, including generating facilities under construction on such date, (ii) supplied by any construction, improvement or extensions of any generating facilities which increase the Rated Capacity of same so long as the increase during any period of two successive Contract Years does not exceed 15% of the same's Rated Capacity at the beginning of such period, provided the Cities and the Agency may, in writing, waive such 15% limit, and (iii) supplied from any generation facility primarily fueled from and the construction and operation of which is incidental to the disposal of solid waste, which facility is hereafter constructed by one or more of the Cities, this section shall not restrict the construction of transmission facilities that are necessary for the transmission of Power and Energy; and