08-05
RESOLUTION NO. 08-05
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, TERMINATING THE PGP GAS SUPPLY
AGREEMENT AND ALL OBLIGATIONS RELATED
THERETO AS PREVIOUSLY ADOPTED UNDER
RESOLUTION 04-34 ON DECEMBER 2, 2004; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater, in its capacity as a Member of Florida Gas
Utility ("FGU"), approved and adopted Resolution No. 04-34 on December 2, 2004 (the
"Resolution") approving the form of the PGP Gas Supply Agreement, with the proposed
form of the Natural Gas Production Sharing Agreement for Gas Supply Pool NO.1 (the
"Production Agreement") by and between Public Gas Partners, Inc. ("PGP") and Florida
Gas Utility, as amended, attached thereto; and
WHEREAS, the City of Clearwater, in its capacity as a Member of FGU, hereby
approves the termination of the PGP Gas Supply Agreement and its obligations under
Resolution 04-34 and the PGP Gas Supply Agreement, and releases FGU from all
obligations thereunder, to be effective subject to all necessary actions of the PGP
Board and Operating Committee in approving the express assumption by other
members of PGP, of all duties, responsibilities and obligations that FGU may have
presently, in the future, or which may have accrued or otherwise, through an
assignment; and
WHEREAS, upon the effective date of the assignment of FGU's interest in the
Production Agreement to other members of PGP, the City of Clearwater shall be
consequently released of all obligations under Resolution No. 04-34, the PGP Gas
Supply Agreement, and the Natural Gas Production Sharing Agreement for Gas Supply
Pool No.1; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Council hereby approves the termination of the PGP Gas
Supply Agreement and its obligations thereunder to be effective upon the effective date
of the assignment of FGU's interest in the Production Agreement to other members of
PGP or as otherwise provided by the terms of such assignment.
Section 2. The officer or officers authorized in Resolution 04-34 are hereby
authorized to execute and deliver a formal termination and release of the PGP Gas
Supply Agreement, if requested by FGU.
Section 3. This resolution shall take effect immediately upon adoption.
Resolution No. 08-05
. .
PASSED AND ADOPTED this 17th day of April
,2008.
, :j~/~
H'anK V. Hibbard
Mayor
Approved as to form: Attest:
L~~
aura 'pows I
Assistant City Attorney
2 Resolution No. 08-05