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HomeMy WebLinkAbout020357 RES - 06/21/1988A RESOLUTION AUTHORIZING THE EXECUTION OF A NATURAL GAS SUPPLY AGREEMENT WITH CORONADO TRANSMISSION COMPANY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a twelve-month natural gas supply agreement with Coronado Transmission Company to begin on July 1, 1988, for the purchase of 50 percent of the City's daily requirement, all as more fully set forth in the Gas Sales Contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. ATTEST: APPROVED: /II DAY OF HAL GEORGE, CITY ATTORNEY 206JB122.res pAYOR , 19 $ THE CITY OF CORPUS CHRISTI, TEXAS 20357 MICROFILMED GAS SALES CONTRACT BETWEEN CORONADO TRANSMISSION COMPANY "SELLER" AND CITY OF CORPUS CHRISTI "BUYER" 4,1 L A INDEX ARTICLE PAGE I Definitions 1 II Quantity & Price 4 III Points of Delivery and Pressure 5 IV Measurement 5 V Measuring Equipment & Testing Provisions 9 VI Quality 11 VII Invoicing, Payment, and Audit 14 VIII Term 15 IX Force Majeure 15 X Successors and Assigns 16 XI Warranty of Title 17 XII Responsibility 18 XIII Regulatory Bodies 18 XIV Notices 19 XV Miscellaneous 20 GAS SALES CONTRACT THIS CONTRACT is made and entered into this first day of July, 1988, herein referred to as "Effective Date", by and between CORONADO TRANSMISSION COMPANY, hereinafter referred to as "Seller", and the CITY OF CORPUS CHRISTI, a Texas Municipal Corporation, hereinafter referred to as "Buyer." WITNESSETH THAT WHEREAS, Buyer owns and operates a gas distribution system in Corpus Christi, Nueces County, Texas, herein referred to as "distribution system" and requires a supply of gas in and for the operation of said distribution system; and WHEREAS, Seller has a supply of gas which is available for sale. Seller desires to sell and Buyer desires to purchase said gas from Seller for the purpose and under the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements herein set forth, the parties covenant and agree as follows: ARTICLE I DEFINITIONS Except as otherwise specified, the following terms as used herein shall be construed to have the following scopes and meanings: 1. Day shall mean a period of twenty-four (24) consecutive hours commencing at seven o'clock (7:00) a.m. local time, hereinafter referred to as "LT", or such other period as the parties may agree upon. 101JB005.agr.dv 1 2. Month shall mean a period of one (1) calendar month commencing at seven o'clock (7:00) a.m. LT on the first day of such month and ending at seven o'clock (7:00) a.m. LT on the first day of the next succeeding month. 3. Year or Calendar Year shall mean a period of three hundred sixty-five (365) consecutive days commencing and ending at seven o'clock (7:00) a.m. LT; provided, however, that any such year which contains the date of February 29 shall consist of three hundred sixty-six (366) consecutive days. 4. Psia shall mean pounds per square inch, absolute. 5. Gas shall mean natural gas as produced in its natural state, natural gas that has been previously liquefied and restored to its gaseous state prior to delivery, gas synthesized or manufactured from oil, naptha, coal, or any other material that meets the quality standards contained in this Contract. 6. Cubic foot of gas shall mean the volume of anhydrous gas contained in one (1) cubic foot of space at a standard pressure base of fourteen and sixty-five hundredths (14.65) psia and a standard temperature base of sixty (60) degrees Fahrenheit, hereinafter referred to as "F." 7. Mcf shall mean one thousand (1,000) cubic feet. 8. British Thermal Unit or BTU shall mean one (1) BTU and is defined as the quantity of heat required to raise the temperature of one (1) avoirdupois pound of pure water from fifty-eight and five tenths (58.5) degrees F to fifty-nine and 101JB005.agr.dv 2 five-tenths (59.5) degrees F at a constant pressure of fourteen and sixty-five hundredths (14.65) psia. 9. MMBTU shall mean one million (1,000,000) BTUs. 10. Gross Heating Value shall mean the number of BTUs produced by the complete combustion, at constant pressure, of the amount of gas which would occupy a volume of one (1) cubic foot at a temperature of sixty (60) degrees F, if saturated with water vapor and at a constant pressure of fourteen and sixty-five hundredths (14.65) psia and under standard gravitational force (acceleration 980.655 centimeters per second) with air of the same temperature and pressure as the gas when the products of combustion are cooled to the initial temperature of the gas and air and when the water formed by combustion is condensed to the liquid state. The gross heating value so determined shall be corrected from the conditions of testing to that of the actual conditions of the gas as delivered expressed in BTU per cubic foot and reported at a pressure base of fourteen and sixty-five hundredths (14.65) psia; provided, however, if the gas as delivered contains seven (7) pounds of water or less per one million (1,000,000) cubic feet, such gas shall be deemed to be anhydrous. 11. MAOP shall mean maximum allowable operating pressure. 101JB005.agr.dv 3 ARTICLE II QUANTITY & PRICE a. Subject to the terms and conditions hereof, commencing with the effective date and continuing throughout the term hereof, Seller agrees to deliver and sell and Buyer agrees to accept and purchase fifty (50) percent of the Buyer's total daily gas requirement in Buyer's distribution system, for resale within the operation of Buyer's distribution system as such distribution system exists and may be enlarged or extended from time to time. b. The price or rate for gas sold by Seller and purchased by Buyer hereunder shall be $1.63/MMBTU for the month of July 1988. For each calendar month thereafter, the contract price shall change (increase or decrease) by a percentage equal to the percentage change in the Seller's average purchase cost of gas from the previous month to the current billing month; provided, however, no increase in such percentage change shall be charged to the City which exceeds the monthly percentage change for that month for Texas Gulf Coast Onshore Spot Delivered Utility Gas, as published under "Gas Price Trends" in Natural Gas Week by TODCO, Washington, D.C. In the event that the Seller's delivery does not meet fifty (50) percent of the Buyer's total requirements on a daily basis and Valero Transmission, L.P. is required to supply the difference, then such volume difference will be billed to the Seller by the Buyer at a price equal to the difference between Seller's price and Valero Transmission, L.P. price. 101JB005.agr.dv 4 ARTICLE III POINTS OF DELIVERY AND PRESSURE 1. Points of Delivery and Delivery Pressure --The Points of Delivery for all gas to be sold and purchased hereunder shall be at Valero Transmission, L.P.'s Transmission Pipeline. 2. The gas delivered hereunder pursuant to Paragraph A of Exhibit "A" shall be measured through facilities which are existing or owned, operated and maintained by Valero Transmission, L.P. The gas delivered hereunder pursuant to Paragraph B of Exhibit "A" shall be measured through facilities which are existing and are owned, operated, and maintained by Valero Transmission, L.P. 3. The gas delivered hereunder by Seller to Buyer shall be delivered at the pressure existing from time to time in the facilities of Seller or its designee at the Points of Delivery. ARTICLE IV MEASUREMENT The Measurement provisions for Points of Delivery shall be as follows: a. Unit of Volume --The Unit of Volume for measurement of gas sold and purchased hereunder shall be one (1) cubic foot of gas at a base temperature of sixty (60) degrees F and at a pressure of fourteen and sixty-five hundredths (14.65) psia, as provided by the Natural Resources Code of the State of Texas (Sections 91.051 through 91.062 of Vernon's Texas Civil Statutes). 101JB005.agr.dv 5 b. Basis --All measurement facilities hereunder shall be operated in accordance with the standards approved by the American National Standards Institute of June 28, 1977 and prescribed in the Gas Measurement Committee of the American Gas Association, hereinafter referred to as AGA, Report Number 3 (ANSI/API 2530, First Edition) as it is now and from time to time may be revised, amended or supplemented. Where measurement is by other than orifice meters, determination of the necessary factors for proper volume shall be as mutually agreed by the parties. c. Atmospheric Pressure --The atmospheric pressure applicable at the Points of Delivery shall be fourteen and seven tenths (14.7) psia irrespective of the actual atmospheric pressure existing from time to time at such points. d. Ideal Gas Laws --The measurement hereunder shall, unless otherwise agreed by the parties, be corrected for deviation from Ideal Gas Laws, such shall be determined by use of the tables or formulas published by the AGA Par Research Project NX -19, corrected for carbon dioxide and nitrogen. Determinations of the molecular percentage of carbon dioxide and nitrogen in the gas shall be made within thirty (30) days after initial deliveries commence hereunder and at least quarterly thereafter. The molecular percentage of carbon dioxide and nitrogen thus determined will be used to determine the supercompressibility factors during the ensuing period, with corrections for specific gravities, temperatures and pressures under which gas is 101JB005.agr.dv 6 delivered hereunder. Where a displacement meter is used, the square of the orifice meter supercompressibility factor shall be applied, except as may be otherwise agreed by the parties. e. Determination of Flowing Temperature --The temperature of the gas flowing through the measuring facilities hereunder shall be determined by means of the continuous use of a recording thermometer or by such other method as the parties hereto may agree. The arithmetic average temperature of the gas recorded each day, during periods of flow only, shall be used in computing the quantity of gas delivered for that day. f. Determination of Specific Gravity --The specific gravity of the gas flowing through the measuring facilities hereunder shall be determined by means of the continuous use of a recording gravitometer. The arithmetic average specific gravity recorded each day, during periods of flow only, shall be used in computing the gas volume for that day. In the event a recording gravitometer is not installed, the specific gravity of the gas hereunder shall be determined at one (1) month intervals or at such other intervals as may be mutually agreed upon by the parties hereto, by means which are approved by the AGA as set forth in its Gas Measurement Manual or by fractional analysis by the use of a spot or continuous sample taken at the Points of Delivery. Fractional analysis will be on a real gas basis in accordance with ANSI/ASTM D3588-79, as it is now and from time to 101JB005.agr.dv 7 time may be revised, amended or supplemented. Specific gravities so determined will be used in calculating gas hereunder for the month in which the test is made and all succeeding months until that month in which a new sample is taken. g• Determination of Gross Heating Value --The gross heating value of the gas hereunder shall be determined by means of a recording calorimeter, employing the Thomas principle of calorimetry, proportionate to flow continuous sample, or such other method mutually agreed upon by the parties hereto. The arithmetical average of the hourly gross heating value recorded each day, during periods of flow only, shall be considered as the heat content of the gas during such day. If a recording calorimeter is not available, the gross heating value shall be determined at one (1) month intervals or at such other intervals as may be mutually agreed upon by the parties hereto, by the use of a spot or continuous sampling device taken at the Points of Delivery. The gross heating value of such sample to be obtained either by calorimeter or chromatographic analysis using the values of the physical constants for the gas compounds and the procedure for determining the gross heating value of the gas shall be on a real basis in accordance with ANSI/ASTM D3588-79, as it is now and from time to time may be revised, amended, or supplemented. The gross heating value of gas so determined in BTUs shall be considered for all purposes to be the gross heating value of the gas hereunder for the month in which the sample is 101JB005.agr.dv 8 taken and all succeeding months until that month in which a new sample is taken. ARTICLE V MEASURING EQUIPMENT AND TESTING PROVISIONS The Measuring Equipment and Testing Provisions for Points of Delivery shall be as follows: a. Access --The parties hereto shall at all reasonable times have access to the premises of each other insofar as such premises are connected with any matter or thing covered hereby, for inspection, operation, installation, removal, repair and testing of equipment, but the operation of measuring equipment and changing of charts shall be done only by the employees or agents of Seller. b. Testing and Repair of Equipment --Seller shall keep its measuring equipment, including calorimeters, accurate and in repair, making such monthly tests as Seller may deem necessary. Seller agrees to give Buyer sufficient advance notice of the time of such tests of the measuring equipment so that Buyer may conveniently have its representative present. In the event the meters are found to be inaccurate, such meters will be adjusted to register accurately. In the event either party desires a special test of said measuring equipment, the parties shall cooperate to secure prompt verification of the accuracy of such equipment. Seller agrees to give Buyer sufficient advance notice 101JB005.agr.dv 9 of the time of all such special tests so that Buyer may conveniently have its representative present. If upon any test, the percentage of inaccuracy of the measuring equipment is found to be in excess of one (1) percent, registrations thereof shall be corrected for a period extending back to the time such inaccuracy occurred if such time is ascertainable, and if not ascertainable, then back one-half (1/2) of the time elapsed since the last date of calibration not to exceed fifteen (15) days. c. Correction for Inaccurate Measurement --If for any reason any meter is out of service or out of repair so that the quantity of gas delivered through such meter cannot be ascer- tained or computed from the readings thereof, the quantity of gas so delivered during the period such meter is out of service or out of repair shall be estimated and agreed upon by the parties hereto upon the basis of the best available data, using the first of the following methods which is feasible: (1) By using the registration of any check measuring equipment registering accurately; (2) By correcting the error if the percentage of error is ascertainable by calibration, test of mathematical calculation; or (3) By estimating the quantity of gas hereunder during preceding periods under similar conditions when the respective meter was registering accurately. 101JB005.agr.dv 10 d. Inspection of Charts and Records --The charts and records from the measuring equipment shall remain the property of the Seller and same shall be retained for a period of not less than two (2) years. At any time within such period, upon request of Buyer, Seller will submit records and charts from the measuring equipment, together with calculations therefrom, for inspection and verification by Buyer. Such records and charts shall be returned to Seller within thirty (30) days after receipt by Buyer from Seller. e. Installation of Check Meters --Buyer may, at its option, install a check meter for checking the metering equipment at the Points of Delivery; same shall be so installed as not to interfere with the operation of Seller's metering facilities at the Points of Delivery. ARTICLE VI QUALITY 1. The Quality provisions for Points of Delivery shall conform to the following specifications: a. Oxygen --The oxygen content shall not exceed one (1) percent by volume. b. Hydrogen Sulphide/Mercaptan--Neither the hydrogen sulphide nor the mercaptan content shall exceed one-half (1/2) grain per one hundred (100) cubic feet. 101JB005.agr.dv 11 c. Total Sulphur --The total sulphur content shall not exceed twenty (20) grains per one hundred (100) cubic feet. d. Nitrogen --The nitrogen content shall not exceed two (2) percent by volume. e. Carbon Dioxide --The carbon dioxide content shall not exceed three (3) percent by volume. f. Liquids --The gas shall be free of water and hydrocarbons in liquid form at the temperature and pressure at which the gas is delivered and have been dehydrated prior to being delivered by any method other than the use of calcium chloride as a desiccant for removal of entrained water present therein in a vapor state and shall in no event contain water vapor in excess of seven (7) pounds per one million (1,000,000) cubic feet. g. Dust, Gums, and Solid Matter --The gas shall be commercially free of dust, gums, and other solid matter. h. Gross Heating Value --The gas delivered shall contain a heating content of not less than one thousand (1,000) BTUs per cubic foot. i. Temperature --The gas shall have a temperature of not less than forty (40) degrees F and not more than one hundred twenty (120) degrees F. 2. If at any time gas tendered hereunder shall fail to substantially conform to any of the quality specifications set forth above, Buyer shall notify Seller of such deficiency and if 101JB005.agr.dv 12 Seller fails to remedy any such deficiency within a reasonable period of time, Buyer may, at its option, refuse to accept delivery pending correction of the deficiency by Seller and if Seller shall not have corrected any failure to meet such quality specifications within thirty (30) days after receiving notice from Buyer of such failure, then Buyer shall have the right to terminate this Contract after said thirty (30) day period and prior to the date Seller's gas being delivered to Buyer begins to meet such quality specifications. 3. Notwithstanding anything to the contrary contained herein, Seller may odorize the gas sold hereunder, if, in its sole opinion, such odorization is necessary to protect the public or to comply with Texas Railroad Commission or other Regulatory directives. In the event Seller determines that odorization is necessary, Seller shall notify Buyer thirty (30) days prior to such odorization, or change in current odorization; and Seller shall cooperate with Buyer to insure that the malodorant Seller utilizes in its facilities will not be incompatible with the malodorant Buyer may input, provided that Seller is not compelled to incur any unreasonable additional expense in conforming to such compatibility. In the event a malodorant is added to the gas purchased hereunder and Buyer desires to remove same, such removal shall be solely at Buyer's risk and expense. 101JB005.agr.dv 13 ARTICLE VII INVOICING, PAYMENT, AND AUDIT 1. Invoice --On or before the fifteenth (15th) day of each calendar month, Seller shall render unto Buyer at Buyer's address, an invoice reflecting the quantity of gas delivered to and purchased by Buyer during the preceding calendar month. 2. Payment --On or before the twenty-fifth (25th) calendar day of each month, Buyer shall pay to Seller the amount due pursuant to this contract for deliveries during the preceding calendar month. The remittance address for Seller shall be the address set forth on Seller's invoice from time to time. If Buyer in good faith disagrees with the amount of any invoice, Buyer shall immediately notify Seller of such disagreement, so that it may be resolved before the date for payment of such invoice. If Buyer fails to give such notice of disagreement, or if Buyer and Seller do not resolve such disagreement before the due date, the amount of the invoice not in dispute shall be paid by Buyer on the due date. Such payment shall be subject to adjustment without penalties upon final resolution of the disagreement. 3. Adjustment of Errors --In the event an error is discovered in any statement or payment hereunder, such error shall be adjusted within ninety (90) days of the determination thereof; provided, however, that claim therefore shall have been made within two (2) years from the date of such statement or payment. 101JB005.agr.dv 14 4. Audit --Each party hereto shall have, at its expense, the right at all reasonable times, to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation, or demand made under or pursuant to this Contract. Each party agrees to keep records and books of account in accordance with generally accepted accounting principles and practices in the industry. Any statement shall be final as to both parties unless questioned within the two (2) years after payment thereof has been made. ARTICLE VIII TERM Subject to the provisions hereof, this Contract shall be effective and continue in full force as of the Effective Date hereof for a primary term of one (1) year. ARTICLE IX FORCE MAJEURE 1. Definition of Force Majeure--The term "force majeure" as employed herein shall mean acts and events not within the control of the party claiming suspension and may include acts of God, strikes, lockouts or other industrial disturbances, inability to obtain pipe or other material or equipment or labor, wars, riots, insurrections, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, arrests and 101JB005.agr.dv 15 restraint of rulers and people, interruptions by government or court orders, present or future orders of any regulatory body having proper jurisdiction, civil disturbances, explosions, breakage or accident to machinery or lines of pipe, freezing of wells or pipelines, and any other cause whether of the kind herein enumerated or otherwise, not within the control of the party claiming suspension and which, by the exercise of due diligence, such party is unable to overcome. Nothing contained herein, however, shall be construed to require either party to settle a strike against its will. 2. Effect of Force Majeure--In the event of either Seller or Buyer being rendered unable by force majeure to itself or a necessary third party to wholly or in part carry out its obligations under the provisions of this Contract, it is agreed that the party so affected shall give prompt notice to the other party and the obligations of the party affected by such force majeure, other than the obligation to make payments thereunder, shall be suspended during the continuance of any inability so caused but for no longer period, and such cause shall, so far as possible, be remedied with all reasonable dispatch. ARTICLE X SUCCESSORS AND ASSIGNS Any company which shall succeed by purchase, merger or consolidation to the properties, substantially as an entirety, of 101JB005.agr.dv 16 Seller or Buyer shall be entitled to the rights and shall be subject to the obligations of its predecessor in title under this Contract. No other assignment of this Contract or any of the rights or obligations thereunder shall be made unless there first shall have been obtained the written consent thereto of the non -assigning party. Seller or Buyer may pledge or assign their respective right, title and interest in and to and under this Contract to a trustee or trustees, individual, or corporate, as security for bonds or other obligations or securities without the necessity of such trustee(s) becoming in any respect obligated to perform the obligations of the assignor under this Contract and, if any such trustee be a corporation, without its being required to qualify to do business in any State in which performance of this Contract may occur. ARTICLE XI WARRANTY OF TITLE Seller warrants the title to all gas delivered by Seller hereunder and agrees to indemnify Buyer from all suits, actions, debts, accounts, damages and losses arising from or out of adverse claims by any and all persons to said gas or to royalties or to any charges against said gas. 101JB005.agr.dv 17 ARTICLE XII RESPONSIBILITY 1. As between Buyer and Seller, Seller shall be deemed in control and possession of the gas sold and purchased hereunder and responsible for any damage or injury caused thereby until the same shall have been delivered to Buyer at the Points of Delivery 2. As between Buyer and Seller, Buyer shall be in control and possession of the gas sold and purchased hereunder and responsible for any damage or injury caused thereby after the same shall have been delivered to Buyer at the Points of Delivery. ARTICLE XIII REGULATORY BODIES 1. This Contract is subject to all valid orders, rules and regulations of any State, Federal or other regulatory body having jurisdiction over the purchase, sale or use of the gas sold hereunder and the parties agree to comply with such orders, rules and regulations. Should either of the parties by law or regulation, be ordered or required to do any act inconsistent with the provisions of this Contract, this Contract shall be deemed to be modified to conform with such law or regulation. 2. Buyer warrants and represents that gas tendered for transportation pursuant to the transportation option between the City of Corpus Christi and Valero Transmission, L.P., Contract No. 5201-089 will not subject the gas subject to this Contract, 101JB005.agr.dv 18 Seller's pipeline system, or any portion thereof, or any portion of Seller's gas supply to the jurisdiction of the Federal Energy Regulatory Commission or any successor authority. Buyer agrees to indemnify and hold Seller harmless from and against any and all suits, actions, damages, by Seller relative to any expressed in this Paragraph. 3. Each of the parties understand that should the costs, losses and breach by Buyer expenses sustained of the covenants Texas Railroad Commission, or other governmental regulatory body, require approval for the sale and purchase of gas under this Contract, then each of the parties will make any necessary applications or filings and will submit any records or data to the regulatory body so that requisite may be granted. In the event that such then the parties understand that their regulatory authorization authority is not granted, mutual obligations under this Contract as expressed herein will have no force or effect as to the sale and purchase of gas and there will be no liability on the part of either of the parties. ARTICLE XIV NOTICES Any notice or request provided for in this Contract shall be mailed or delivered to the party to whom given at such party's address as follows: BUYER: FOR BILLING, ACCOUNTING AND CORRESPONDENCE PURPOSES CITY OF CORPUS CHRISTI GAS DIVISION ATTENTION: Gas Superintendent 4225 S. Port Avenue Corpus Christi, TX 78415-5311 101JB005.agr.dv 19 FOR CORRESPONDENCE PURPOSES CORONADO TRANSMISSION COMPANY P.O. Box 165 Corpus Christi, TX 78403 FOR ACCOUNTING MATTERS CORONADO TRANSMISSION COMPANY P.O. Box 165 Corpus Christi, TX 78403 FOR REMITTANCE CORONADO TRANSMISSION COMPANY P.O. Box 165 Corpus Christi, TX 78403 or at such other post office address as such party shall from time to time designate as the address for such purpose, by registered or certified letter addressed to the other party. The mailing of notice by registered or certified mail shall constitute service of notice hereunder. ARTICLE XV MISCELLANEOUS 1. This Contract constitutes the entire understanding of the parties relating to the sale and purchase of gas and there shall be no modification or waiver hereof except by writing, signed by the party claimed to be bound thereby. 2. The descriptive headings of the provisions of this Contract are formulated and used for convenience only and shall not be deemed to effect the meaning or construction of any such provision. 3. This Contract is subject to all valid orders, rules and regulations of any State, Federal or other regulatory body having jurisdiction over the purchase, transportation, sale or use of the gas sold hereunder and the parties agree to comply with such 101JB005.agr.dv 20 orders, rules and regulations. Should either of the parties by law or regulation, be ordered or required to do any act inconsistent with the provisions of this Contract, this Contract shall be deemed to be modified to conform with such law or regulation. 4. Seller shall enter into no new firm sales obligation except in accordance with the applicable and effective orders of the Texas Railroad Commission or any other regulatory body having jurisdiction. IN WITNESS WHEREOF, the parties have caused this Contract to be executed in multiple counterparts by their respective officers thereunto duly authorized as of the Effective Date herein above written. 101JB005.agr.dv 21 EXHIBIT "A" POINTS OF DELIVERY A. Title for gas sold and purchased hereunder at the following Point(s) of Delivery shall pass from Seller to Buyer at the outlet side of the respective measuring facilities. STATION NAME 441007 Lantana 100" 441008 Main Drive 441009 McKenzie 441010 Tuloso 441012 Clarkwood 441014 Manchester 441016 North Hunter 441017 South Hunter 441018 Violet 441019 Tule Lake 441020 Alpine 441023 Lantana 20" 441025 Padre Island 441043 Shell Road #1 441044 Shell Road #2 441054 Lantana #1-A 441099 Corpus Christi #1 441115 Kosar #1 441116 Kosar #1-A 441117 Kosar #2 441145 Shell Road 20" 441174 Farm Road 24 100" 441175 Farm Road 24 20" 441047 Bush #1 441048 Bush #2 B. Title for gas sold and purchased hereunder at the isolated service areas, as such service areas exist on the Effective Date and may change from time to time, shall pass from Seller to Buyer at interconnect of Sellers' and Buyers' respective facilities at each respective point. Such Point(s) of Delivery being identified by Seller's accounting control (station) numbers 441051, 441083, and 441177. 101JB005.agr.dv 22 ATTEST: BUYER: CITY OF CORPUS CHRISTI By By City Secretary Juan Garza, City Manager APPROVED: , 1988 HAL GEORGE, CITY ATTORNEY By By Assistant City Attorney Assistant City Manager ATTEST: SELLER: CORONADO TRANSMISSION COMPANY By Its By Joe A. Vest Executive Vice President 101JB005.agr.dv 23 THE STATE OF TEXAS § COUNTY OF NUECES § BEFORE ME, the undersigned authority, on this day personally appeared JUAN GARZA, City Manager of the CITY OF CORPUS CHRISTI, a municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of said corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the day of , 1988. THE STATE OF TEXAS COUNTY OF NUECES § § Notary Public State of Texas My Commission expires: BEFORE ME, the undersigned authority, on this day personally appeared JOE A. VEST, Executive Vice President of CORONADO TRANSMISSION COMPANY, a Texas Corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of said corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the day of , 1988. Notary Public State of Texas My Commission expires: 101JB005.agr.dv 24 The above resolution Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong 99.066.01 Corpus Christi, Texas 02-.1 day of 1JYLL , 1987 was passed by the following vote: 20357