SERVICE AGREEMENT FOR GENERAL SERVICES @ RATE SCHEDULE G
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SERVICE AGREE~IENT
FOR GENERAL SERVICE
(For Use Under Rate Schedule G)
THIS AGREEMENT entered into this 1st day of
March ,1957, by and between Houston
Texas Gas and Oil Corporation, a corporation of the State
of Delaware (herein called "Sellerll and City of Clearwater,
Florida , (herein called 11Buyer11);
WIT N E SSE T H:
WdEREAS,
NOW, THEREFORE, in consideration of the premises and of the
mutual covenants and agreements herein contained, Seller and
Buyer do covenant and agree as follows:
ARTICLE I
Quantities.
1. Firm Gas:
Buyer agrees to purcaase and receive from Seller and
Seller agrees to sell and deliver to Buyer the entire
requirements of Buyer of firm natural gas for resale and use
in its gas distribution business in the communities and areas
supplied by Buyer up to but not in excess of the Maximum Daily
Contract Quantity specified below for each year with respect to
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ARTICLE I (Continued)
each Delivery Point, which shall be at the city gates:
Maximwn Daily
Year At City Gate of: Contract Quantity (Therms)
First Year
Clearwater, Florida
Clearwater, Florida
48,100
65,400
Second Year
Third and
Subsequent Yrs.
Clearwater, Florida
84,300
It is agreed that buyer shall have the exclusive right to sell
gas supplied by seller within its present supply area including
the areas of the cities of Safety Harbor and Dunedin, with which
it has franchises, and including but not limited to the area
within the fQllowing boundaries in Pinellas County, Florida:
Bounded on the North by County road 38, extended to the
West line of Section 15, Twnp. 28S, Rge 16E; bounded on
the East by the high water makk of Tampa Bay, bounded on
the South by State road 686 excluding the Northern boundar-
ies of the Town of Largo, Florida; bounded on the West by
the waters of the Gulf of Mexico.
2. Annual Contract Quantity of Firm Gas:
Under the provisions of Rate ScheduleG, Buyer agrees that
its rUnimwn Monthly Bill for firm gas shall be the charge for
a quantity of gas equal to fifty (50) percent of the portion
of the Annual Contract Quantity appl~cable to the particular bill-
ing month, at the price stipulated in Rate Schedule G. Buyer and
Seller agree that the Annual Contract Quantity for each year shall
be as specified below:
Year
Annual Contract Quantity
(Therms )
3,830,000
l~, 780,000
First Year
Second Year
Third and
subsequent years
5,800,000
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ARTICLE II
Rate Schedules
1. Buyer shall pay Seller, for all service rendered
hereunder, the prices established under Seller1s Rate
Schedule G as filed with the Federal Power Conunission and
as said Rate Schedule may hereafter be legally amended or
superseded.
2. This Agreement in all respects shall be and remain
subject to the applicable provisions of said Rate Schedule
and of the General Terms and Conditions of Seller on file
with the Federal Power Conunission, all of which are made a
part hereof by this reference.
ARTI CLE III
Term of Agreement
This Agreement shall be effective on the date hereof
and shall continue in effect for twenty years from the date
of first delivery of gas hereunder, and thereafter from
year to year unless and until terminated either by Seller
or by Buyer upon 12 months prior written notice to the
other specifying a termination date at the end of such
period or any yearly period thereafter.
ARTICLE IV
Point of Delivery
The POint(s) of Delivery for all natural gas purchased
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ARTICLE IV (Continued)
under this Agreement shall be at the City gate (1) of the
City of Clearwater, Florida, at such point along the City
limits as they presently exist as may be mutually agreed
between Seller and Buyer.
ARTICLE V
Taxes
To the total monthly bill to the Buyer with whom Seller
has a Service Agreement, computed under Seller's applicable
rate schedule and General Terms and Conditions, Seller shall
have the right upon filing with and acceptance by the Federal
power Commission of new and superseding rate schedules, to add
all or any part of the amount by which the cost of Seller of the
natural gas delivered to such Buyer is increased in any month
by any new or additional tax levied after April 1, 1955.
ARTICLE VI
Notices
All notices and communications, except those specified
in Paragraph 2 below, shall be in writing and sent by pre-
paid mail to the addresses stated below or at such other
address as may hereafter be designated in writing.
Seller: Houston Texas Gas and Oil Corporation
4604 South ~ain Street
Houston, Texas
Buyer:
City of Clearwater, Florida
c/o City Manager
P. O. Box 1348
Clearwater, Florida
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ARTICLE VII
Ivtl. scellaneous
1. The interpretation and performance of this agreement
shall be in accordance with the laws of the State of Florida.
2. Seller may make changes in its F.P.C. Gas Tariff
upon filing with the Federal Power Commission under Section
4 of the Natural Gas Act and acceptance thereof by the
Federal Power Commission.
3. This Agreement shall bind and benefit the successors
and assigns of the respective parties hereto.
4. This Agreement cancels and supersedes, as of its
effective date, existing agreements relating to the sale
of gas by Seller to Buyer as follows: Resale Service Agreement
dated May 8, 1956.
IN WITNESS WHEREOF the parties hereto have executed this
Agreement by their duly authorized officials on the dates
set forth below.
HOUSTON TEXAS GAS AND OIL CORPORATION
City of Clearwater, Florida
By s/ F. E. Stanley
President
ATTEST:
sj Theo Rinehart
By sj Jack Tallent
.City, Manager
ATTEST:
Date April 18, 1957
sj R. G. Whitehead
City Clerk
Date April 15, 1957
Countersigned:
Approved as to form and
correctness:
s{ Ben Krentzman
C~ y Attorney
sj Lewis Homer
~~yor-~ommlss~oner
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EXHIBIT A
To Service Agreement Dated March 1, 1957
Effective July 1, 1958
(Supersedes Exhibit "A" Effective on
none
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The portions of the Annual Contract Quantity of
3,830,000 therms for the determination of the
Minimum Bill each month are as follows:
sf Theo Rinehart
Secretary
ATTEST:
sf R.G. m1itehead
City Clerk
Date April 18, 1957
Approved as to Form and cor-
rectness:
sf Ben Krentzman
City Attorney
Date
April 15, 1957
countersigned:
sf Lewi s Homer
Mayor-commissioner
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I, R. G. Whitehead, duly appointed and acting City Clerk of
the City of Clearwater, Florida, certify the foregoing to
be a true and correct copy of the Service Agreement Contract
between Houston Texas Gas and Oil Corporation and the City
of Clearwater, dated the 1st day of March, 1957.
Witness my hand and the seal of the City of Clearwater,'this
the 25th day of July, 1960.
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. y Clerk '