RESALE SERVICE AGREEMENT
~
E..J. DOE~N ER
THEODORE RINEHART
HAROLD C. STUART
SAM CLAMMER
HARRY D. MORELAND
JACK E.CAM~BELL
DICKSON M. SAUNDERS
DALE E. DOTY
NORMAN E_ DUKE
ROBERT M. SCOTT
I
I
DOERNER, RINEHART. STUART 8. CLAMMER
ATTORNEYS AND COUNSELLORS
1001 CONNECTICUT AVENUE
WASHINGTON 6, D. C.
CABLE ADDRESS
"DORST"
STEALING 3-1767
July 9, 1956
TULSA OFF'"'CE
NATIONAL BANK OF' TULSA BUILDING
TU LSA 3, OKLAHOMA
Mr. F. C. Middleton
City Manager
City of Clearwater
Clearwater, Florida
Dear Sir:
We return you herewith, on behalf of
Houston Texas Gas and Oil Corporation, duplicate
executed copy of the Resale Service Agreement
between Houston Texas Gas and Oil Corporation
and the City of Clearwater, dated May 8, 1956.
Sincerely,
~ I-~~
Theodore Rinehart
General Counsel
TR: KH
Ene.
v
"'Ji;:1 i -::~_f"
.~, . '-
~. ;~.,.~...~~~-
,~,l('
..
1
Duplicate
,
RESALE SERVICE AGREEMENT
THIS AGREEMENT entered into this
8th
day of
May
, 195~ by and between Houston Texas Gas and Oil
WITNESSETH:
WHEREAS,
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 0
1.. Firm Gas:
Buyer agrees to purchase 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 distri-
bution business in the communities ~nd areas supplied by Buyer up
to but not in excess of the Maximum Daily Contract Quantity
specified below for each year with respect to each Delivery Point,
which shall be at the city gates, Clearwater, Florida
.lli:r
First Year
At City Gate of:
(Therms)
Second Year
\
'65,400
,
Third and
subsequent Years
84,300
Form 6 Rev.
TR 3-21-56
- 1 -
~
.'"t to'
I
,
...
2. Annual Contract Quanti tv of Firm Gas:
Under the provisions of Rate Schedule G, Buyer agrees that its
MiI1imum Annual Bill for firm gas shall be the charge for a quantity
of gas equal to sixty five (65) per cent of the Annual Contract Quan-
tity, 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.
Third and Subsequent Years
Annual Contract Quantity
Therms
3,830,000
4,,780,000
5,800,000
Year
First Year
Second Year
3. Increase in Contract Quantities of Firm Gas:
Should Buyer desire, at any time during the contract term any
increase in Maximum Daily Contract Quantity and Annual Contract
Quantity from Seller it may notify Seller in writing of the amount of
the increase desired and of the date it desires the increased deliv-
eries commenced, which date shall not be less than one year from the
date of the notice. Within ninety (90) days from the receipt of the
notice Seller shall notify Buyer in writing whether or not it has,
considering the requirements of its other customers, available gas
and system capacity to furnish the additional quantities of gas
stated in Buyer's notice and will so furnish such add'itional quan-
tities. If Seller's notice states it will furnish the additional
quantities of gas the Maximum Daily Contract Quant.ities of gas
deliverable hereunder and the Annual Contract Quantities shall be
increased to include such additional gas effective on such date as
the parties may agree upon. The Maximum Daily Contract Quantities
and Annual ,Contract Quantities under the Rate Schedule G shall be
the new quantities so established.. If Seller's notice states it
will not deliver the additional quantities of gas covered by Buyer's
notice, the Maximum Daily Contract Quantities and Annual Contract
Quantities shall remain unchanged. The giving of 'any such notice
by Buyer shall not preclude it from giving subsequent notices of
any additional increase it desires.
- 2 -
Form 6 Rev.
TR 3-21-56
~..,} _JIlt- ~i-.; .-
"' '
I
,
ARTICLE II
Rate Schedules..
1. Buyer shall pay Seller, for all services rendered here-
under, the prices established under Seller's Rate Schedule~
Q , as filed with the Federal Power Commission
and as sald Rate Schedule(;8 may hereafter be legally amended or
superseded.
2. This Agreement in all respects shall be and remain sub-
ject to the applicable provisions of said Rate Schedule(s) and o~
the General Terms and Conditions o~ Seller on file with the Federal
Power Commission, all of which are made a part hereo~ by this
reference.
ARTICLE III
Term of Agreement
This Agreement shall be effective on the date of first deliv-
ery of gas hereunder, and shall continue in effect for twenty years,
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 therea~ter.
ARTICLE IV
Point of Delivery
The Point{sl of Delivery for all natural gas purchased
under this Agre~t shall be at the citygate(s) of the City
of Clearwater, Florida~ er at such other points as may be mutually
agreed upon between the Seller and Buyer.
ARTICLE V
Delivery Pressure
The pressure at which gas shall be delivered hereunder
shall be that which Buyer may reasonably require but at not more
than 100 pounds paige
- 3 -
Form 6 Rev.
TR 3-21-56
...... .~
..- '
-'
I
I
ARTICLE VI
NOTICES
1. All notices and communications, except those specified
in Paragraph 2 below, shall be in writing and sent by prepaid
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 Main Street
Houston, Texas
BUYER: City of Clearwater, Florida
c/o City Manager
p. O. Box 1348
Clearwater, Florida
2. Notices with respect to curtailment or restoration
of deliveries of gas, or with respect to force majeure, shall be
sufficient if given by Company in writing or by telegraph or
orally in person or by telephone or radio to the person or persons
designated from time to time by Buyer as authorized to receive
suoh notices.
ARTICLE VII
Miscellaneous
1. The interpretation and performance of this Agreement
shall be in accordance with the laws of the State of Florida.
2. This Agreement shall bind and benefit the successors
and assigns of the respective parties hereto.
3. This Agreement cancels and supersedes, as of its
effective date, existing agreements relating to the sale of gas
by Seller to Buyer as follows: None
4. If Seller and Coastal Transmission Corporation are
unable to obtain all requisite authorizations for the construc-
tion and operation of their proposed pipelines on terms satis-
factory to each of them within 12 months after the date hereof,
then either party hereto shall have the right to terminate this
agreement by written notice given to the other party.
- 4 ...
Form 6 Rev.
TR 3-21-56
.,,:-_,~ -,~ if
I
I
D ~ ..... .... ......lee ....... ha.. ...... tJala
~..... .. ~ *"r a-alaerl'" etttoSa1a .. ,be c1d.. an twth
Mlw.
IIOUfOI DIAl ad ,AID OIL
CO&PO&AUOI, .1eU....
..:A't.m1>-
,',.-.>-" ._~~.:~~.,
-.,,'. ",.,..",,.. ",'
-'->~'7 / '" " _
/'~:~~ ,-~p
(.../ ,
~~~~
'/
./
em 0' ....,Am. ~ ...,...
'-." "
I
'......... ..te tera ... ......"'.....
If.
-s.
rOl'll 6 ....
fa ,-21-,'
Iaoerpt troa the MlIatft.. ot tlle 0:1.', 01 1..1_ ""1... ., .., 7. 1"6
..",. City A"waq .....eat.. tor th. eo.t...lo.'. ...a1......tlon
the a.ea1.....1e. :t:"-rat fW' natval. p. bet.... the Houatoll ,...
ea. .a. 011~at Oil .... 'h. Clt.T .r Clearwat..r. ,He 1Iatrocluo......
leot.,_ Coan1ttltl,18dD..,. II"OIl the ftra 01 Reynold_, Smith aDd Hill.
Mr.8..t.t ~ tJiat, h. bat .heckeel the ,"".04 aar_at, with tbe
Cit,A.ttorNWabCl be4 tiU.. 111 the a-.m..- o~- p. whieh he reo...ncled
th., C1t,.beia14 ...,...ot ter tbrouah the tir" three ,...,... ae reo...
...... 800.1.. th.....,." whiei _lel prodde tor ..11......,.nd
pure"".. .r a ape.1ti.. dall, quani', and a ..ltl.. armual quutit,.
... ..~, '.,ft Duke "......tifc, 'he ,Rouat.o. ,... 0.. and 011 CorMra, ,t1_
.. 81_ ,........ !be c~~ ............ eaeeut.loll .t t,be '
.....et. eo.t..t.....' , " , .... Oft the ""..ll,lIdatlo. of 'h.
Clt.'..."..,. tbat'he, ~.... authoritl.. ... atathort... '0 alp th.
....'Xi .....0. AIr_at wltla tbe ...... ,_. 0.. ancl on c..,..atlOll.
__lOll .... __lid by Oe.l..~o~er.aobert. AQd...carrlocl -.alL1aoualJ.."
... ... ...
It R. O. Vb,' it.ohoa." dul, a~::'.ac1 .etbi City "'iter aad Clvk
or th., Illt.,. ,Of 01......'.,." ,. 6 ear', 1ty the t.., 101. W .. . t.rue
anet o..,...ot. ue..pt. ,tre. ,bAt Cit7 ..s...10D 1UIrtat.. ot Jlfa7 7, 1956,
wbiehh... !lOt ~ _1\ aP'Pl'O'h4 b1 tbe COI te.iOft.
/'