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1997-019 ORDINANCE NO 9'~ '0 / ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND NATIONAL ENERGY & TRADE, L L C FOR THE PURCHASE OF SPOT MARKET NATURAL OAS, AUTHORIZING THE EXPENDITURE OF FUNDS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the C~ty has a need for ~nterrupt~ble natural gas purchases to provide fuel for the Spencer Electrical Generating Statmn, and WHEREAS, the C~ty could reahze price savings by purchasing gas on the spot market, and WHEREAS, the C~ty has sohc~ted Nds for one year contracts w~th spot market supphers of natural gas, ~n accordance w~th Chapter 252 of the Local Govemment Code, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That ~t authorizes the Mayor to execute the attached Intermpt~ble Natural Gas Sales and Purchase Agreement w~th Nattonal Energy & Trade, L L C prowd~ng for the purchase of spot market natural gas SECTION II That ~s authorizes the expenditure of funds ~n accordance w~th the terms of the Agreement SECTION III That ttus ordinance shall become effective ~mmed~ately upon ~ts passage and approval AND APPROVED tNs the t~] ~ day of /~~.~, 1997 PASSED ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CITY COUNCIL AGENDA ITEM TO. MAYOR AND MEMBERS OF THE CITY COUNCIL FROM' Ted Benawdes, City Manager SUBJECT ADDITIONAL NATURAL GAS SPOT SUPPLIER CONTRACTS RECOMMENDATION' The Electric Utility recommends executing a contract w~th National Energy & Trade, L L C, for natural gas spot supply SUMMARY. National Energy & Trade, L L C responded to requests for natural gas spot supply per the "Standard Contract, C~ty of Denton Utd~t~es"and met reqmrements of the C~ty o~' Denton, Electric Production D~v~s~on, and Spot Fuel Purchase Program ~or natural gas spot supply BACKGROUND: In May 1992, the C~ty of Denton instituted b~ddmg procedures £or spot purchases o£ natural gas whereby contracts were estabhshed wtth gas compames ~nterested ~n participating in the C~ty's monthly spot gas purchase program The Electric Utd~ty currently has contracts for natural gas spot supply with Enserch, Mobd, Tnmty, Tristar, H~ghland, Taurus, Cornerstone and Midcon Those contracts will remmn ~n effect unttl e~ther party cancels allowtng competitive btddtng on a monthly basis Execution ora contract w~th NaUonal Energy & Trade L L C will extend the competitive opportumt~es for natural gas spot supply 2 City Council Item Additional Gas Supplier page 2 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED, City of Denton, Electric Production Division, Spot Fuel Purchase Program FISCAL IMPACT Increase competition for the supply of fuel gas requirements Respectfully submitted, Ted Benavldes City Manager Prepared by ant Manager Approved by Approved by: R E Nelson, Executive Director Tom D. Shaw, Purchas~.ng Agent Utdltles Exhibits I Signed contract, National Energy & Trade, L L C II. Tabulation Sheet Standard Contract Standard Contract City et Denton Utfimes Interrupt~ble Natm al Gas Sales A~d Put chase (cnn act Agi eemem Date 12/01/96 National Energy & Trade, L.L.C. (SELLER) a Texas agrees to dehver and sell gas to the C~ty of Denton Texas (Burro} and BUYER,tg~ce, Io im~cha~ and receive said natural gas from SELLER pm suant to the [erms ,mo cOlldlllOllb ]lt~l 1 DEFINITIONS I he te~ m "Agreement" shall mean fins lnterrupnble Natu~ al Gas Sales and Pul chab~. (ontl act including Attachment A Much ~s mcm porated hereto The term "month" shalI mean a calendar month The term "MMBtu" shall mean one m~lhon (1,000 000) B~tlsh thermal units The term "Recelvmg P~pehne" shall mean the interstate mnastate o~ local d~st~bunon company ~mmedmtely downstream of the Point Of Dehx erx The term "Buyers Nonce" shall mean the letter agreement alm m cop), et Mm.l~ ~s attached hereto as Attachment A, wNch may be executed by BUYER and SELLER hem tulle to nme and wNch shall b~nd BUYER and SELLER to pamculm nansact~ons fo~ the purchase and sale of natural gas ~n accordance w~th the te~ ms thereol- and tins Agteement The term "Pmnt Of Dehvery" shall mean the location et the physmal dehve~x to the Rece~ mg P~pehne 2 TERM The m~tml term w~II be one year from the date hmeof and month to month the~ealxer subjct, l to the right ofmthe~ party to terminate tNs Contract on 30 day's pno~ othe~ proxy 4 page 18 3 PRICE AND PAYMENT OF COSTS AND q[AXES PRIOR TO DELIVER'~ On a monthly basis, the puce to be paid by BUYER for gas delivered by SELLER shall be specified on the "Buyers Nonce" shown m Attachment A Prices shall include md SELLER shall be respons,ble for payment of all royalties ploduct~on taxes, p~operty taxe~ ~c~ex,tnce taxes, purchaser taxes, and all other taxes and hcense tees whmh attach to thc g,ts p~lo~ to delivery hereunder Prices shall also include and SELLER shall be responsible to~ payment ofgathenng and transportat,on charges to the Point Of Delivery, payments or other charges thereon applicable before the title of gas passes to BUYER at the Point Of Dehvet x BUYER shall pay transportation charges on the Rece~wng Pipehne downstream ot llle Point Ot Dehvery 4 QUANTITY AND POINTS OF DELIVERY Gas quantities and points of dehvery will be specified on a monthly ba~s on tile "Bux e~ s Notice" as shown in Attachment A, ,lgned by BL YER and by SELLER Request~ I or b~ds submiss~on of bids, or preliminary correspondence wdl not a~t as a Buyers Nonce and shall not be the bas~s for gas del,venes under this contract bELLER shall &h'~er g,t~ qu,mtmcs consistent with the quantity, Point Of Delivery, Receiving P~pehne, and dates as specmed the "Buyers Notice" from the BUYER 5 BEST EFFORTS PERFORMANCE SELLER will make a best effbrt to dehve~ and BUYER best effort to xecc~_ the gas quantities as specified m the Buyers Notice E~the~ pm ty may at any tmle cm taft o~ interrupt service with no liability to either partv The curtadmg pmXv will make diligent efforts to noun the other party of the situation within 48 hours 6 INCREASES IN QUANTITY AND CHANGES TO POINTS OF DELI% BUYER may request increases to gas quantities o~ changes m points of dehx el3, by specdymg these requests in a revised "Buyers Notice" to the SELLER If accepted by SELLER SELLER shall make all arrangements needed to revise dehvenes within 24 hours It SELLER w~shes to increase gas quantities or change points ofdehvery, he must notd¥ BUh ER and receive a revised Buyers Notice s~gned by BUYER to do so 7 OVER-DELIVERIES If SELLER provides gas quantit~es for a month m excess of 4% above the quantities m the "Buyers Notice" or at points ofdehvery not specified m the "Buyers Notice", BUYER shall have the right to refuse the quantities of gas and shall be exempt from any paFments on those gas quantities SELLER shall be liable for any penalnes or excess storage or t~ansportation chaiges owed by the BUYER as a result of tile SELLERS deliveries in execs,, ot 4% ot the Buyers Notice or at locations not specified m the "Buve~ s Notice" 5 page 8 GAS AND PRICE UNITS All gas quantit~es and prmes shall be in MMBtu adjusted to 14 650 psi ,It a tempelatme of 60 degrees Fahrenhe.t, w~th both Mcr and Btu lree of watel vapol (Drv} Pl~ces wdl be m U S dollars 9 QUALITY AND PRESSURE The gas dehvered by SELLER shalI meet the pressure ~eqmrements and quahty specmcanons of the Rece~v.ng Ptpehne 10 TITLE SELLER warrants for ~tself ~ts successors hens and asstgns t~tle to all ~as dchxe~ed and accepted by BUYER hereunde~ SELLER xvar:ants ~t has the right and I,ixxlul autho~ax to sell the gas and that such gas .s free from hen, encumbrances and clam~s ol t.xep,, kind SELLER shall ~ndemndy and saxe BUYER haimless horn all stats al,mn, [ic.~ cmlnaae~ costs, losses, expenses and encunlblflllCeS of whatsoex el natule allslllg Otl[ Ol t-lallllS OI'~IIIX or all persons to satd gas or the role of smd gas SELLER shall be m cont: el and poaaess~on of and respons.ble for any r:sk of loss, damage, clam~ hab~ht5 or lnlur~ caused th~lebv until the gas has been dehvered to the BUYER at the Potnt Of Dehvery T~tle and ~sl. ot loss shall pass at the Point Of Dehvery from SELLER to BUYER 11 DETERMINING PAYMENT VOLUMES On apprommately the 15th day following the end of each month ol gas dehYe~ ~t_a 'gELLER shall furmsh BUYER a statement spec.lTmg volume dehvered locatton and Recel,~mg P~pehne If these volumes d.ffe~ from BUYER's ~ndependem momtonng ol dehx e~:es or Rece:wng Pxpehne's records, BUYER shall have the ~ght to pa~ on the tmd~spt~ted amount e~ther (0 under protest, or (u) upon final agreement being made on the dch~ e~ cc~ ~ olumes 10x BUYER, SELLER and Receiving Plpehne BUYER and SELLER shall hax e the ~gl~t to late: ~ewse payment volumes as a result of add:tmnal or revised volmnemc clara from the Receiving P:pehne or other companies assocmted w~th the producnon aale sto:age o~ transportat,on of the gas 12 PAYMENT WztNn 12 days of receipt of the statement BUYER shall make payment to SELLER lot the gas quanm~es as determzned in Pmagraph 11 Payments statements should be d~ected to BUYER at C~ty of Denton Unht~es Elecmc Productmn Dtwmon 1701-A Spencer Road Denton TX 76205 Attn J~m Thune Manage~ Elect~m Productmn 6 page 20 13 NOTIFICA FION Commumcations regarding the perfoimance of this contract shall be directed to SELLER BUYER City o[ Denton Utlht,es National Energy & Trade, L.L.C. glecmc Production Dtx 3700 Buffalo Speedway, Suxte I100 170 ] -A Spencer Road Houston, Texas 77098 Denton TX 76205 Aim Jun Thune Manager Electric P~oduclton 14 PERFORMING NOMINATIONS BUYER will be solely responsible for nomination ot gas ~olumes to the P. ecmx mg lhpehne unless SELLER is given specific written authorization trom BUYER to perform these nominations SELLER shall be responsible for all necessary nonnnatlol~s to t~ anspo~ tel s and all others related to the supply of natm al gas pl ~or to Point Of Deh'~e~,, 15 EXCHANGE OF GAS QUANTITY INFORMATION Dunng the period of actual gas deliveries SELLER and BUYER shall make a,,adable to each other current estimates of gas flows at the Point(s) of dehveiy unde~ th~s aglccmcnl l-oi proposes ofnominanon to othels and the momtonng ot actual gas quantme~ deh~e~ed I1 Seller ~s unable to prov,de current estmmtes ot gas actl~ ~tv to BUYER SELLER x~ ~ll assist BUYER in obtaimng sald reformation from p~pehne transporters process.ag pldnt opel ato~ s well ope, ators or upstream supphers 16 GOVERNING STATE Tlus agreement shall be construed pursuant to the lax~s ot the State ol '1 exas and venue lot its construction and enforcement shall lie in the courts of Denton County, Texas SELLER BUYER Natlo~rade~ By Jo~. Gutle~ By Date 11/27/96 Date ~age 21 7 ATTACHMENT A DENTON MUNICIPAL UTILITIES - SPE~N( ER ST %TION 170 I A 5~31~NC[R ROAD D£NTON TD<~S 76205 (817) 383 7651 Date F~rm Address Below ~s a Buyers Not~ce for .(month, year) supply to the C~ty of Denton, Texas Under this purchase the City of Denton, Texas, wdl take tstle to the gas at the point of dehve~) aud be I espons~ble for payments subject to the terms of the purchase contract BUYERS NOTICE GAS SALES AND PURCHASE AGREEMENT Buyers Notice Number Coma act Date BUYER Cnty of Denton, SELLER Electric Productmn D~wsmn All volumes and prices are based on mmBtu's, adJusted to 14 65 dl )/dl y Prices are m U S. dollars Dates for Pmnt of Plpehne Volume Pllce delivery debvery (MmBtu/ ($/mmBtu 14 65 D/D) 14 65 D/D1 Lone Star Accepted and Agreed Accepted and Agreed (Seller) (Buyer) Dated Dated To facd~tate payment, please s~gn the above Buyers Notice and leturn via fax. atto Jim Thu.e 8 page 22 ~BID # 1971 BID NAME NATURAL GAS NATIONAL ENERGY ~OPEN DATE DECEMBER 3, 1996 & TRADE l# [~o~ b~sc~P~oN -- ~fio~i VEN~O~ WN~OR VEN~O~ 1 ~ SPOT MARKET NATURAL GAS GAS DALLY INDEX + 14/MMBTU * * I MILLION (1,000,000) BRITISH THERMEL UNITS