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1991-005-RES WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 89-031 approve the ~ . . RESOLUTION NO. 91-005 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 89-031 approve the execution of a water service contract with Tenaska III Texas Partners; and, WHEREAS, said contract provided for a six month audit period which all parties agree should be changed to an annual audit to prevent duplication and reduce cost; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the mayor of the City of Paris, Eric S. Clifford, be, and he is hereby authorized and directed to execute on behalf of the City of Paris Addendum No. One in the form of Exhibit A attached hereto. Passed and adopted this 14th day of January, 1991. E'~' M:':- ATTEST: Mattie Cunningham, City APPROVED AS TO FORM: .~ T. K. Haynes, City Attorney . /~ :....----- . . I ADDENDUM NUMBER ONE TO WATER SERVICE CONTRACT DATED MARCH 13, 1989, BETWEEN TENASKA III TEXAS PARTNERS AND THE CITY OF PARIS, PARIS, TEXAS STATE OF TEXAS ~ COUNTY OF LAMAR ~ KNOW ALL MEN BY THESE PRESENTS that this Addendum to the Water Service Contract dated March 13, 1989, by and between Tenaska III Texas Partners, by and through its President, hereinafter called PARTNERSHIP, and the City of Paris, Paris, Texas, by and through its Mayor, Eric S. Clifford, hereinafter called CITY, WITNESSETH: It is hereby mutually agreed by and betwecn PARTNERSHIP and CITY as follows: tbat the third sentence in Section 7.2 be amended to read as follows: " The first test year shall be October 1, 1989, through September 30, 1990, and the fir s t de tailed cost-of-service study shall be performed by an independent utility rate consultant engaged by CITY during the first two (2) calendar quarters of 1991 bascd on audited data for the immediate past twelve (12) months ended September 30, 1990. " Executed on the 14th day of January, 1991. CITY OF PARIS By: Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney TENASKA III TEXAS PARTNERS By Tenaska III Partners, Ltd., M~n~nino ~pnAr~l P~r~npr . . . STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Eric S. Clifford, Mayor of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ____ day of , 1991. Notary Public, State of Texas Printed Name: My commission expires: STATE OF NEBRASKA ~ COUNTY OF DOUGLAS ~ BEFORE ME, the undersigned authority, on this day personally appeared Howard L. Hawks, President of Tenaska III, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this , 1991. day of Notary Public, State of Texas Printed Name: My commission expires: