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<br />69 <br /> <br />RESOLUTION 1986-l29R <br /> <br />A RESOLUTION APPROVING AN AMENDMENT TO THE PURCHASE <br />AGREEMENT BETWEEN THE LOWER COLORADO RIVER AUTHORITY <br />AND THE CITY OF SAN MARCOS TO CORRECT AN ERROR IN <br />SECTION 5.01 RELATING TO THE FUNDS TO BE PAID TO <br />LOWER COLORADO RIVER AUTHORITY AT CLOSING OF THE <br />PURCHASE OF THE SAN MARCOS ELECTRIC DISTRIBUTION <br />SYSTEM AND TO PROVIDE FOR AN AMENDMENT TO THE <br />PURCHASE AGREEMENT REQUIRING AN AUDIT OF ALL <br />UNDETERMINED PAYMENTS TO BE MADE SUBSEQUENT TO THE <br />DATE OF CLOSING. <br /> <br />WHEREAS, the City Council approved by resolution on <br /> <br />October 27, 1986, a Purchase Agreement dated October 30, 1986 <br /> <br />between the Lower Colorado River Authority and the City of San <br /> <br />Marcos, Texas, for the purchase by the City of the San Marcos <br /> <br />Electric Distribution System; and <br /> <br />WHEREAS, the Lower Colorado River Authority has <br /> <br />advised the City of San Marcos that by Lower Colorado River <br /> <br />Authority's mistake, two components to the purchase price <br /> <br />denominated "construction work in progress" and "material and <br /> <br />suppliesll were not included in the figures set out in Section <br /> <br />5.01 of the Purchase Agreement, which figure was $9,240,322.38; <br />and <br /> <br />WHEREAS, the sum of money representing the construc- <br /> <br />tion work in progress as of June 30, 1986 was the sum of <br /> <br />$222,771.88, and the figure for material and supplies cannot be <br /> <br />determined until the Lower Colorado River Authority closes its <br /> <br />books on October 31, 1986; and <br /> <br />WHEREAS, Black and Veatch, Consulting Engineers to <br />the City of San Marcos, Texas, have verified that the Lower <br /> <br />Colorado River Authority mistakenly omitted the construction <br /> <br />work in progress component in Section 5.01 and have verified <br /> <br />that it was a component of the purchase price and with respect <br /> <br />to construction work in progress has verified that it is the <br />