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HomeMy WebLinkAbout17985 RES - 12/14/1983A RESOLUTION SUPPORTING A PROPOSED AMENDMENT TO THE GAS SEARCH AGREEMENT MADE BETWEEN THE COASTAL CORPORATION, VALERO ENERGY CORPORATION, VALERO TRANSMISSION COMPANY, AND TEXAS COMMERCE BANK AS TRUSTEE UNDER THE SETTLEMENT TRUST AGREEMENT AND AS ESCROW AGENT UNDER THE GAS SEARCH AGREEMENT, TO PERMIT COASTAL CORPORATION TO MARKET ON AN INTERRUPTIBLE BASIS 100% OF SURPLUS GAS DEDICATED TO THE GAS SEARCH PROGRAM TO REATA GAS CORPORATION FOR A TWO-YEAR PERIOD AND TO CONCUR IN DEFINING WELLS ELIGIBLE FOR THE PROGRAM AND THE METHOD OF CALCULATING DEBT SERVICE.' WHEREAS, on or about November 9, 1979 a settlement agreement among Coastal States Corporation (now Coastal Corporation), Lo -Vaca Gathering Company and the former gas customers of Coastal States (settling customers), one of whom is the City of Corpus Christi, Texas, provided the basis of settlement of all outstanding lawsuits against Coastal, created Valero Energy Corporation as the independent company, established procedures for determining gas rates t� be charged customers by Valero, and provided other benefits to the settling customers; WHEREAS, Texas Commerce Bank is trustee and escrow agent for the approximately 400 settling customers covered under the settlement agreement; WHEREAS, the settlement agreement and gas search agreement require Coastal Corporation to spend at least $180,000,000 to search for and develop 350 billion cubic feet of natural gas during a 15 -year period for sale to settling customers; WHEREAS, Coastal Corporation has spent over $140,000,000 and discovered 80 billion cubic feet of natural gas as of 1983; WHEREAS, because of the surplus gas currently available, Valero is no longer able to purchase all of the gas contracted to date under the gas search program, which purchases have dropped from 90% of Coastal's delivery capacity in 1978, to 24% in 1983; WHEREAS, Coastal is now requesting to amend the gas search agreement to allow sale to other customers for a two-year period for gas not needed by Valero, which sales would be on an interruptible basis to permit availability to Valero, if needed; WHEREAS, without these proposed sales, income to the settlement trust will be substantially decreased from previous years; and WHEREAS, the proposed amendment is expected to be submitted by the Trustee to the settling customers for approval by at least 65% of the interests in the agreement; sEP 2 81984 11:79S5 MICROFILMED NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City of Corpus Christi and its gas rate payers would benefit if the proposed amendment to the gas search agreement were approved since more gas would be sold than is now presently being sold thereby increasing contributions made to the settlement trust to promote the gas search program established for the benefit of the settling customers, including the City of Corpus Christi and its rate payers, and to lower the overall costs of gas which the City of Corpus Christi provides to its gas distribution system customers. SECTION 2. That the City Manager designate a representative to attend the special meeting of settling customers to be held on December 15, 1983 in Houston, Texas who shall be authorized to vote the City of Corpus Christi's interest in favor of approving the proposed amendment to the gas search agreement. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to imperative public necessity to amend the gas search agreement, such finding for the emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this resolution is passed and shall take effect upon first reading as an emergency measure this the 14th day of December, 1983. ATTEST: /'z 90 Ci Secretary App,ROVED: /64g DAY OF �e« � , 1983: MAYOR THE CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas if'l day of/!'lt.4l.„. 198 - TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik y the following vote: 1 095