HomeMy WebLinkAbout1991-01-14 91-67 ORDER0 on
Date 1/16/91 Item No. 91-67
Item/Subject Authorizing Execution of Second Amendment to the Interim Tipping
Fee Agreement with the Penobscot Energy Recovery Company
Responsible Department: Engineering _
Commentary:
This Order would authorize the City Manager to execute the Second Amendment
to the Interim Tipping Fee Agreement, which would extend the Interim Tipping
Fees through March 31, 1991; which will hopefully give enough time for
mmunities to approve the long-term Contract Amendment, or find a puitable
alternative solution
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91-6)
AeeipSed to CowaO« Semi, January 14, 1991
CITY OF BANGOR
(TITLE) Mrbex AutM1 1 1 g Sheaation of Seemd Amena ent to the x terim Tipping
.... ._..... .....__......... .. ...
.Pee Ag., [ with [h P becot„Epergy RecoveryG mpg y ,,,,,,,,,,
By the City GounaU of Clty of Beeper:
THAT . WHEREAS, the City Council by Council Order No. 90-151 passed
April 11, 1990 authorized the City Manager to execute an amendment to the
Tipping Pee Contract with the Penobscot Energy Recovery Company (PRRC) to
provide for an Interim Agreement which would extend to September 30, 1990
for the Purpose of allowing time for the Committee to Analyze PERU (CAP)
to negotiate a long-term Contract Amendment; and
WHEREAS, City Council Order No. 90-356 passed October 22, 1990 -
authorized to City Manager to execute the First Amendment to said Interim
Tipping Fee Agreement to allow for the extension of said Interim Agreement
to not later than December 31, 19905 and
WHEREAS, PERC has since offered to allow the extension of said Interim
Agreement through March 31, 1991 to allow time for the contracting communities
to respond to the proposed long-term Contract Amendment upon the execution of
the Second Amendment to the Interim Tipping Fee Agreement, a copy of which is
attached hereto.
NOW, THEREFORE, Be It
ORDERED. THAT the City Manager. Acting for and on behalf of the Municipal
Officers, be and hereby is authorized to execute said Amendment.
IN CITY COUNCIL
January 14, 1991
Passed. Councilors Cohen
and sayer abs �flining.
CITY am
r�.
91-6)
ORDER
Title,
Authorizln& Execution of SecwoA AFppdment t
Me In[erly Tlpping Fee Agreement o
with the
Penobscot Energy Recovery Company
...................j.,..................
.k0.—&td
,gvgped to
...............unci.....
Countflman
91-6]
SECOND AMENDMENT
TO
INTERIM TIPPING FEE AGREEMENT
The Interim Tipping Pee Agreement ("Agreement") a amended between
("MUNICIPALITY") and Penobscot Energy Recovery
Company ("PEAC^) dated , 1990 is hereby amended as
follows:
In Paragraph R. Effective Date: Term; Billing and Payment Terns,
Sub -Paragraph (b); the words ^ . but in no event shall this agreement
extend later than December 31, 1990.^ are deleted;
and, in their place, are inserted ^... but in no event shall this
agreement extend later than March 31, 1991 unless further extended by
mutual consent of the parties. -
This ASKING WENT shall be effective as of December 31, 1990. The
Agreement, together with its attached schedules, in all other respects
shall remain in effect.
19 WITNESS WHEREOF the parties hereto have executed this Agreement
as of the day of , 1990•
WITNESS MUNICIPALITY
PENOBSCOT ENERGY RECOVERY COMPANY
By: FERC MANAGEMENT COMPANY,
Managing General Partner
By: PERC, INC., its Sale
General Partner
By: ENERGY NATIONAL, INC.,
General Partner
CM3/47550/.Ay)