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HomeMy WebLinkAbout1981-770-R I i RESOLUTION #0 A RESOLUTION APPROVING THE MODIFICATION OF THE PRICING TABLES FOUND IN THE j STEAM AGREE,ENT DATED DECEMBER 19, 1979 BETWEEN THE CITY OF BATESVILLE AND THE I GENERAL TIRE AND RUBBER COMPANY, AND AUTHORIZING THE MAYOR AND CITY CLERK OF ( CITY OF BATESVILLE TO EXECUTE AN AMENDED AGRFF2ENT TO PROVIDE FOR SAID MODIFICA ION. BE IT RESOLVED, by the City Council of the City of Batesville, Arkansas: Section 1: The Mayor and City Clerk of the City of Batesville are authorized and directed to execute a contract amending and modifying the steam contract by and between the City of Batesville and the General Tire and Rubber Company dated the 19th day of December, 1979, a copy of said amended agreement is atta0ed hereto, marked EXHIBIT "A" as though fully set out herein word for word. I Section 2: That said amended agreement is hereby approved and shall provide fob the substitution of a formula for the pricing tables found in Section 3.4 of the original agreement. ADOPTED this STN day of SePTEmggL. , 1981. I APP/R/O\jVED• , SHI , MA ATTEST: w i LARRY WI 4S, CITY CLEHK ! I I I i i i I i I i i I ArN AMENDMENT TO AGREEMENT THIS AGREEMENT made this day of 1981, by and between the City of Batesville, Arkansas, a Municipal Corporation organized ; and existing under the laws of the State of Arkansas, and The General Tire and Rubber Company, a Corporation existing and operating under the laws of the State iof Ohio with its prindple offices in Akron, Ohio. WITNESSETH: iThat, whereas, the parties hereto have heretofore on the 19th day lof December, 1979, entered into a contract for the purchase and sale of steam Igenerated by the City of Batesville, Arkansas at its incinerator plant; and, That, whereas, due to changed conditions, the parties desire to modify Section 3.4 of said agreement, the parties by their mutual promises substitute, modify and amend Section 3.4 of said agreement dated December 19, 1979 as follows: The steam price table as set out in Section 3.4 of said steam agreement dated December 19, 1979, is hereby replaced by the following formula: P=1.05 x C. { Where: P = unit price in dollars per 1,000 pounds of !I steam sold. Where: C = cost in dollars of 1,000,000 BTU. j All other provisions referring to Section 3.4 of the contract dated December 19, 1979 shall be read and intrepreted to give effect to this formula and this formula shall control when resort to Section 3.4 must . y be had. This agreement will not affect the mutual obligations or agree- ments of the contrast dated December 19, 1979 except for the matters stated in this agreement. IN WMESS WNEREOF, the parties hereto have caused this agreement ; err to be duly executed this day of 1981. CITY , BATES , ARKANSAS BY: r / J- RRELL, MAYOR AT7.�ST: ww� s CITY } THE GENERAL TIRE AND RUBBER COMPANY BY: AZMT: _ i i AMEND/ENT TO AGREED! THIS AGREEMENT made this day of 1981, by and between the City of Batesville, Arkansas, a Municipal Corporation organized and existing under the lags of the State of Arkansas, and The General Tire and Rubber Company, a Corporation existing and operating under the laws of the State of Ohio with its prindple offices in Akron, Ohio. WITNESSETH: That, whereas, the parties hereto have heretofore on the 19th day of December, 1979, entered into a contract for the purchase and sale of steam generated by the City of Batesville, Arkansas at its incinerator plant; and, 'lomat, whereas, due to changed conditions, the parties desire to i modify Section 3.4 of said agreement, the parties by their mutual promises substitute, modify and amend Section 3.4 of said agreement dated December 19, 1979 as follows: The steam price table as set out in Section 3.4 of said steam agreement dated December 19, 1979, is hereby replaced by the following formula: P=1.05 x C. j i f Where: P = unit price in dollars per 1,000 pounds of steam sold. I Where: C = cost in dollars of 1,000,000 BTU. All otherprovisions referring to Section 3.4 of the j contract dated December 19, 1979 shall be read and intrepreted to give effect to this formula and this formula shall control when resort to Section 3.4 must be had. I This agreement will not affect the mutual obligations or agree- ments of the contract dated December 19, 1979 except for the matters stated in this agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement(W , I to be duly executed this day of , 1981. CITY OF ATESVIVIKANSAS i BY. c, J , MAYOR ATTEST: / l W LARRY WILL , CITY CLERK THE GENERAL TIRE AND RUBBER COMPAN BY: �r A=T: i i AMENDMENT TO AGREEMENT THIS AGREEMENT made this day of , 1981, by and between the City of Batesville, Arkansas, a Municipal Corporation organized and existing under the laws of the State of Arkansas, and The General Tire and Rubber Company, a Corporation existing and operating under the laws of the State of Ohio with its prindple offices in Akron, Ohio. WITNESSETH: That, whereas, the parties hereto have heretofore on the 19th day of December, 1979, entered into a contract for the purchase and sale of steam generated by the City of Batesville, Arkansas at its incinerator plant; and, `lomat, whereas, due to changed conditions, the parties desire to modify Section 3.4 of said agreement, the parties by their mutual promises substitute, modify and amend Section 3.4 of said agreement dated December 19, 1979 as follows: ,,. The steam price table as set out in Section 3.4 of said steam agreement dated December 19, 1979, is hereby replaced by the following formula: P=1.05 x C. Where: P = unit price in dollars per 1,000 pounds of steam sold. Where: C = cost in dollars of 1,000,000 BTU. All other provisions referring to Section 3.4 of the li contract dated December 19, 1979 shall be read and intrepreted to give effect to this formula and this formula shall control when resort to Section 3.4 must be had. This agreement will not affect the mutual obligations or agree- ments of the contract dated December 19, 1979 except for the matters stated in this agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement i to be duly executed this day of 1981. CITY--C� BATES , ARKANSAS J SKI , MAYOR ATTEST: J - I DG�RY­WILLIAYZ, CITY CLERK THE GENERAL TIRE AND RUBBER COP TPAN"i BY: ATTEST: