Loading...
1992-074e ~pdocs\mobi [ 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 MOBIL NATURAL GAS, INC FOR THE PURCHASE OF SPOT MARKET NATURAL GAS, AUTHORIZING THE EXPENDITURE OF FUNDS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Clty has a need for lnterruptlble natural gas purchases to provide fuel for the Spencer Electrical Generating Station, and WHEREAS, the City could realize price savings by purchasing gas on the spot market, and WHEREAS, the City has solicited b~ds for one year contracts w~th spot market suppllers of natural gas, in accordance wlth Chapter 252 of the Local Government Code, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS S~TION I That it authorIzes the Mayor to execute the attached Interruptible Natural Gas Sales and Purchase Agreement with Mobil Natural Gas, Inc providing for the purchase of spot market natural gas SECTION II That ~s authorizes the expendlture of funds in accordance with the terms of the Agreement SECTION III That this ordinance shall become effective ~mme- d~ately upon lts passage and approval PA~SED AND APPROVED this the ~day of ~ , 1992 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY PAGE 2 Standard Contraot Standard Contract City of Denton Utilities Interruptlble Natural Gas Sales And Purchase Contract Agreement Date April 30. 1992 Mobil Natural Gas Inc (SELLER) a. Delaware Corporation agrees to dehver and sell gas to the City of Denton Texas (Buyer) and BUYER agrees to purchase and receive said natural gas from SELLER pursuant to the terms and conditions hereinafter set forth l DEFINITIONS The term 'Agreement shall mean th~s lnterrupuble Natural Gas Sales and Purchase Contract tncludmg Attachment A which is Incorporated hereto The term month shall mean a calendar month The term MMBtu shall mean one mflhon (1 000000) brmsh thermal umts The term 'Receiving P~pehne shall mean the interstate intrastate or local d~stnbuuon company ~mmedmtely downstream of the Point Of Dehvery The term Buyers Nouce shall mean the letter agreement a form copy of which is attached hereto as Attachment A which may be executed by BUYER and SELLER from t~me to ume and whtch shall brad BUYER and SELLER to particular transacuons for the purchase and sale of natural gas m accordance w~th the terms thereof and th~s Agreement The term Point Of Dehvery shall mean the locatmn of the physical dchvery to the Receiving Plpehne 2 tERM The imtlal term will be one year from the date hereof and month to month thereafter sublect lo the right of either party to terminate this Contract on 30 day s prior written nonce to the other party ~ PRICL AND PAYMENT OF COSTS AND TAXES PRIOR TO DFI IVFRY On a monthly basis the price to be prod by BUYER for gas dehvered by SELLER shall be specified on the Buyers Notice shown m Attachment A Prices shall include and SELLER shall be responsible lor payment of all royalties production taxes property taxes severance laxes purchaser taxes and all other taxes and license fees which attach to the gas puor to dehverv hereunder Prices shall also include and SELLER shall be responsible For payment of gathering and transportation charges to the Pmnt Of Dehvery payments or other charges thereon apphcable before the title of gas passes to BUYER at the Point Of Delivery BUYER shall pay transportauon charges on the Receiving Plpehne downstream of the Point Of Dchvcrv PAGE 18 QUANTITY AND POINTS OF DELIVERY Gas quantities and points of delivery will be specified on a monthly basis on the Buyers Nouce as shown m Attachment A s~gned by BUYER and by SELLER Requests for bids subm~ssmn of bids or prehm~nary correspondence will not act as a Buyer s Notice and shall not be the bas~s for gas dehvenes under thls contract SELLER shall dehver gas quanut~es consistent w~th the quantity Point Of Delivery Receiving Ptpehne and dates as specified in the Buyers Notlce from the BUYER BEST EFFORTS PERFORMANCE SELLER will make a best effort to dehver and BUYER best effort to receive the gas quantities as specified in the Buyer s Not,ce Either party may at any time curtail or interrupt service with no liability to etther party The curtailing party will make diligent efforts to notify the other party of the situation within 48 hours INCREASES IN QUANTITY AND CIIANGES TO POINTS OF DFLIVERY BUYER may request increases to gas quantities or changes In points of delivery by specifying these requests m a revised Buyer s Notice" to the SELLER If accepted by SELLER SELLER shall make all arrangements needed to revise deliveries w~thtn 24 hours If SELLER w~shes to increase gas quantlnes or change points of delivery he must notify BUYER and receive a revised Buyer s Notice signed by BUYER to do so OVFR DELIVERIES If SELLER provides gas quantities for a month in excess of 4% above the quantities in the Buyer s Not~ce or at points of dehvery not specified m the Buyers Not~ce BU'~R shall have the right to refuse the quant~tms of gas and shall be exempt from any payments on those gas quantities SELLER shall be liable for any penalnes or excess storage or transportation charges owed by the BUYER as a result of the SELLER s dehveries in excess of 4% of the Buyer s Notice or at locations not specified in the Buyer s Notice (,Ab AND PRICE UNITS All gas quantities and prices shall be m MMBtu adjusted to 14 650 psi at a temperature of 60 degrees Fahrenheit with both Mcr and Btu free of water vapor (Dry) Prices will be m U S dollars QUALITY AND PRESSURE The gas delivered by SELLER shall meet the pressure reqmrements and quality specifications of the Receiving Pipeline FITI I SELLER ~varrants for Itself its successors heirs and assigns title to all gas delivered and accepted by BUYER hereunder SELLER warrants ~t has Ihe right and lawful authority to, sell the gas and that such gas is free from liens encumbrances and clalm~ of every kind SELLER shall indemnify and save BUYER harmless from all suits clmms liens damages costs losses expenses and encumbrances of whatsoever nature arising out of claims of any or all persons to smd gas or the title of said gas SELLER shall be m control and possession of and responsible for any risk of loss damage claim habihtv or injury caused thereby until the gas has been delivered to the BUYER at the Point Of Delivery Title and risk of loss ~hall pass at the Point Of Dchvery from SELLER lo BUYER PAGE 19 l I DETERMINING PAYMENT VOLUMES On approxtmately thc 15th day followmg the end of each month of gas dehvcrtes SELLER shall furmsh BUYER a statement specifying volume delivered location and Receiving Pipeline If these volumes differ from BUYER's independent monitoring of deliveries or Receiving PIpehne s records BUYER shall have the right to pay on the undisputed amount either (0 under protest or (n) upon final agreement being made on the dehvered volumes by BUYER SELLER and Recmvmg Pipeline BUYER and SELLER shall have the right to later revise payment volumes as a result of additional or revised volumetrlc data from the Receiving Plpehne or other companies associated with thc production sale storage or transportation of the gas 1.2 PAYMENT Within 15 days of receipt of the statement BUYER shall make payment to SELLER for the gas quantities as determined in Paragraph 11 Payments statements should be directed to BUYER at City of Denton Utilities Electric Production Division 1701 A Spencer Road Denton TX 76205 Aim Jim Thune Manager Electric Production 13 NOTIFICATION Communications regarding the performance of this contract shall be directed to SELLER Mobil Natural Gas Inc BUYER City of Denton Utilities 12450 Greenspolnt Drive Electric Production Division Houston, TX 77060-1991 1701 A Spencer Road Attn Manager, Long Term Denton TX 76205 Natural Gas Sales Atm J,m Thune Manager Electric Production 14 PERFORMING NOMINATIONS BUYER will be solely responsible for nomination of gas volumes to thc Recezvmg Pipeline unless SELLER is given specific written authorization from BUYER to perform these nominations SELLER shall be responsible for all necessary nominations to transporters and all others related to the supply of natural gas prior to Point Of Delivery 15 I XCIIANGE OF GAS QUANTITY INFORMATION During the period of actual gas deliveries SELLER and BUYER shall make available to each other current estimates of gas flows at the Point(s) of delivery under this agreement for the purposes of nomination to others and the monitoring of actual gas quantlueS dchvered If Seller is unable to provide current estimates of gas activity to BUYER SELLER will assist BUYER m obtaining said reformation from plpehne transporters processing plant operalors well operators or upstream ~upphers 16 (,OVFRNING STAI'E This agreement shall be construed pursuant to lhe laws of the State of Texas and venue for its co~lslructlon and enforcement shall he in Ibc courts of Denton County Texas PAGE 2 0 SELLER Mobil Natural Gas Sales('~ BUYER T~tle Manager, Long Term Natural Title 7/'~ Gas Sales PAGE 21 BUYERS NOTICE GAS ~ALES AND PURCHASE AGREENE#T DATED Date Of Buyers Notice SELLER ALt volumes and prices are based on NMStu adjusted to 14 650 Dry Prices are In U S dot[ars DeLivery DeLivery FaciLity (14 650 D/D} (14 650 O/O~ (14 650 D/D) Accepted And Agreed Accepted And Agreed (SELLER) (BUYER) Its Dated Dated GASBIO PAGE 2 2