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