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HomeMy WebLinkAbout05650 ORD - 01/20/1960IMS:JKH:1 -11 -60 • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT FOR GAS SERVICE BETWEEN HOUSTON NATURAL GAS CORPORATION SELLER, AND THE CITY OF CORPUS CHRISTI TE CONSUMER, FOR SUPPLYING GAS TO HE NEW MUNICIPAL AIRPORTS A COPY OF WHICH AGREEMENT S ATTACKED HERE 0 AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT FOR GAS SERVICE BETWEEN HOUSTON NATURAL GAS CORPORATION SELLER, AND THE CITY OF CORPUS CHRISTI, TEXAS CONSUMERS FOR SUPPLYING GAS TO THE NEW MUNICIPAL AIRPORTS A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO EXECUTE THE AGREEMENT AS OUTLINED IN SECTION 1 HEREINABOVE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRO- DUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYORS HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXISTS HAVING REQUESTED THE SUSPEN- SION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER. ITS PASSAGES IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE r&DAY OF JANUARYS 1960. ATTEST: MAYOR THE CITY OF q6RUS CHRIST/I TEXAS CITY SECRETARY // I e AP OVED AS TO LEGAL FORM THIS jS 0 DAY OF JANUARY, 1960: CITY AYT.OR EY 5650 xna rra.. a.as HOUSTON NATURAL GAS CORPORATION CONTRACT' FOR GAS SERVICE THIS AGREEMENT, made and entered into by and between HOUSTON NATURAL GAS CORPORATION, a Texas Corporation, hereafter called Seller, and City of Cor us Chrioti.. Tor—,a hereittefter called Consumer, wimesseth: That Seller, in consideration of the covenants ON THE REVERSE SIDE HEREOF AND MADE A PART HEREOF, and subject to the provisions of this agreement, does, by these presents, covenant and agree to and with Consumer to furnish and supply to Consumer natural gas as required in the operation of Consumer's establishment at the following location: City of Corpus Chrioti Airs- -ort Torninal Euilding near ? ighuay #44, I aocoo Ccimty, Tejo. The rates and chargas to be paid by Consumer to Seller for gas delivered hereunder shall be computed in accordance with the Company s applicable ooniraet rata schedule The emrentlf applleabla contract rata schedule Is attached hereto and shall apply mdl changed in uin�IdantO Wlth the pmvleione Of Paragraph Eight" nut the inverse aide of this contract. Seller reserves the continuing right, which may be exercised from time to time during the term hereof without discrimina- tion in the locality involved, to add to each bill for gas used by Consumer, Consumer's proportionate part of any new or additional tax or other charge (other than ad valorem taxes or taxes measured by net income), including (by way of enumeration, but not as a limitation upon the foregoing general designation) any additional or increased production, transportation, sales excise, sever- ance, occupation, distribution, street rental, or gross receipts tax assessed, imposed, levied or fixed against the Seller or upon its business by any governmental authority as the result of any new or amended law, ordinance or other governmental imposition enacted after July 1, 1956, or which is added to or made a part of the cost of natural gas purchased or produced by Seller for delivery to Consumers as a result of any enactment after July 1, 1956. All .taxes or charges shall be computed by Seller and included as a separate item on Consumer's gas bill. Gas shall be furnished to the consumer at the point of delivery at such pressures and temperatures as may exist from time to time by reason of Sellers operating conditions, but for the purpose of payment, a "cubic foot" of gas shall be defined as the amount of gas occupying a cubic foot of space at four ounces pressure above an atmospheric pressure of 14.7 pounds per square inch and at a temperature of 60° Fahrenheit. An "MCF" of gas shall be defined as 1,000 cubic feet of gas. Said gas shall be assumed to obey Boyle's law and no corrections shall be made for deviations therefrom for delivery pressures of less than 50 pounds per square inch gauge; however, for pressures of 50 pounds or more, and upon the installation of proper recording equipment, Seller shall have the option of applying corrections for these deviations in accordance with the methods stated in the Texas Standard Gas Measurement Law. Gas flowing temperature shall be assumed to be 60' Fahrenheit; however, Seller shall have the option of installing a recording thermometer and malgng corrections for each degree variation in temperature from 60° Fahrenheit by applying a factor to the volume recorded by the meter for the average temperature, as obtained by an arithmetical average from the temperature chart. Gas gravity shall be assumed to be .6; however, upon the installation of proper equipment for obtaining gravity or upon running gravity teats Seller shall have the option of applying corrections for the actual flowing ggrraavi Volumes eomputeri from positive meter measurement shall be is accordance with the methods set forth in Handbook E-4, American Meter Company, and volumes computed from orifice meter measurements shall be in accordance with the methods set forth in the American Gas Association Gas Measurement Committee Report #3 or subsequent revisions thereof. In consideration of the premises, Seller and Consumer mutually covenant and agree TO ALL THE COVENANTS AND PROVISIONS ON THE REVERSE SIDE HEREOF. The period of time and the pri ces and red by this contract shall begin on rebEuary Zs 19LO and shall continue until and including , and, unless otherwise terminated in accordance with the provisions of this agreement, shall continue thereafter for successive periods of one (1) year until written notice of cancellation shall be given by either party to the other at least thirty (30) days prior to termination of the initial or any renewal term. WITNESS our hands this the day of , A. D. 19 HOUSTON NATURAL GAS CORPORATION City of Corpuo Christi, Sezr9 By by City tlamger ATTEST: Consumer - ATTEST: Consumer's Mailing 8y City Socretutyr (over) COVENANTS MID PROVISIONS The following covenants and provisions are a part of the contract on the front side hereof, and Seller and Consumer mutually agree thereto: First: That Consumer will accept and receive from Seller natural gas for the purposes only for which the stated rate schedule is available and for all fuel requirements of Consumer's aforesaid works and /or establishment for which the stated rate schedule is available for and during the fall term of this contract, 'and will pay for such gas at the rate and prices and upon the terms and conditions herein set forth, making such payment to Seller at its office in Houston, Texas, within ten (10) days from the date of monthly billing. For the purpose of billing hereunder, a month shall be construed as the period between any two customary meter readings by Seller, such readings to be, as nearly as may be convenient, one calendar month apart. Discount will be allowed and net rate will apply only on bills paid in full within the discount period Gross rate will apply on all bills not paid in full during the discount period The discount period shall be the period of ten (10) days from and after the billing date. Failure to receive dtatement will not entitle Consumer to discount if bill is not paid within discount period In the event all or any part of any monthly account shall not be paid prior to the expiration of ninety days from and after the billing date, and same shall be placed in the hands of an attorney for collection or if suit be filed thereon in any court, Consumer agrees to pay to Seller„ ten percent additional upon the full amount of principal then due and owing thereon as attorney's fees for collection; but this pro- vision Is not intended, and shall not be construed, as granting any period of grace or any exterafon of time for the payment of any bill becoming due under this contract - Second: That all gas delivered to Consumer under this contract shall be delivered at and measured by a standard meter or meters to be placed by Seller at a point upon the premises of Consumer to be mutually agreed on.. Title to all meters, regulators, appliances and other equipment placed on Consumer's premises and not sold to Consumer shall remain in Seller with right of re- moval, and no charge shall be made by Consumer for the use of premises occupied by same. Seller shall bear the cost of keeping its said meters, regulators and other equipment In repair, and shall have the right to enter upon Consumer's premises at any time for any purpose connected with the service of gas herein provided for. That the point of delivery of all gas hereunder shall be at . the outlet of Seller's meter or meters, and that Seller shall not be liable for any loss, damage or injury to persons or property resulting from such gas or from its use or escape after It leaves such point of delivery, all risks thereof and therefrom being assumed by Consumer. Third: Consumer represents that all appliances, equipment and piping at and beyond point of delivery are now and will be kept and maintained by Consumer throughout the term of this contract in good condition and safe and suitable for the use to -which same are put Consumer further agrees to cause said appliances, equipment and piping to be inspected at reasonable inter- vals and to give immediate notice in writing to Seller if and when discovery is made that any such appliances, equipment or piping are in unsafe condition. Seller shall not be, obligated to deliver any gas to Consumer hereunder so long as any appliances, equip- ment or piping at and beyond point of delivery are in unsafe condition, or upon Cousumer�s failure to pay any bill for gas delivered hereunder for more than thirty days after the same has become due; and in any such event Seller may discontinue furnishing gas until such time as said property has been restored to a safe condition or Consumer has paid all amounts _past due and delinquent. Any such period of discontinuance shall not be included in computing the term of this contract - Fourth: That Seller may at any time temporarily shut off the gas to be supplied under this contract for the purpose of making necessary repairs or replacements. That in case the meter shall be temporarily out of repair the quantity of gas used during the time while the meter is out of repair shall be estimated by mutual agreement between the parties hereto, upon the same basis of the amount of gas registered by the meter per day when in proper working order and when a similar amount of subjects were supplied with gas. Fifth: That Seller shall have the right to discontinue the supply of gas under this agreement temporarily or permanently; whenever It shall deem it necessary to do so in order to deliver a full supply of gas to its domestic consumers, or whenever Seller shall be legally required to do so by the Railroad Commission of Texas or any court or other governmental agency having com- peteut jurisdiction; and Seller shall not be liable for failure to furnish gas or a sufficient supply thereof hereunder where such failure arises from the inability of Seller to secure such gas or a sufficient supply of same, or from any other cause not the result of negli- gence of Seller or which is beyond its control. Sixth: That Consumer will protect Seller's property on Consumer's premises from injury or damages, and will not tamper with its meters or regulators, and will not permit same to be tampered with, without Consent of Seller. Seventh: That Seller may, at its election, terminate this contract for failure on the part of Consumer to pay bills when due, for fradalent tampering with the meter aforesaid, for failure to use gas for fuel in operating Consumer's aforesaid works and /or establishment in accordance with the spirit and intent of this contract, or for violation of any of the provisions of this agreement That Seller shall have the right to require a reasonable deposit or surety and a reasonable increase in such deposit or, additional sureties to secure the payment of its bills, or in default thereof to discontinue the supply of gas and terminate this contract Eighth: The rate schedule incorporated herein is duly established for the class of service supplied Consumer in the area In which Consumer is located. Any new or revised rate schedule duly established by Seller for all Consumers then in the same class of service and area shall become effective as to all gas thereafter delivered to Consumer commencing with the neat monthly billing period. Consumer may cancel this contract by written notice to Seller within sixty (60) days following the effective date of any new or revised rate schedule applicable to Consumer. Ninth:- That Seller shall not be bound by any representation or promise not herein contained, this writing embodying the entire contract between the parties; and the same shall be binding upon Seller only after executed on its behalf by an authorized executive of the Company. This contract shall inure to the benefit of and be equally binding upon the successors, legal represen- tatives and assigns of the parties hereto. 0" Sectio II a 14 HOUSTON NATURAL GAS CORPORATION RATE SHEET COMMERCIAL AND INDUSTRIAL GAS RATE SCHEDULE NO. 8 AVAILABILITY Available system -wide, outside of the Company's Houston Area, at one point of delivery, only under written contract on the Company's standard form for a term of not less than one year, for gas to be used as fuel under hollers as required to operate cleaning and pressing shops and laundries, in cooking vats and for aterilizin,! processes as required in the operation of cotton oil mills, under boilerq for power purposes, or as fuel In Internal combustion engines. Not available for gas service for standby purposes or for gas for resale. RATE Gmu Rate Net Rote Per Met P*r Md All gas used is 2777 la 20 MINIMUM MONTHLY BELL 500 Md. PROMPT PAYMENT PROVISION The difference between the gross and net rates as shown above represents a discount for prompt payment. The net rate is applicable with respect to all bills paid In full within 10 days of date of bill; If a bill is not paid within 10 days of its date the gross rate ahall apply. EFFECTIVE DATE February 15,1980. Issued July 20, 1957 Transmittal No. 1 "" aN CORPUS CHRISTI TEXAS DAY OF \(L4n 191-0 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCEDS AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF R US CHRIST TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLRoY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY T ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.