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HomeMy WebLinkAboutMinutes Council 122961 CITY OF PALM BEACH GARDENS • REGULAR MEETING OF THE CITY COUNCIL DECEMBER 29 , 1961 The regular meeting of the City Council was held at 1001 Park Avenue, Lake Park, Florida , Friday , December 29 , 1961 , at 10 :00 o' clock P . M. QUORUM: it was announced by the Clerk that a quorum of the City Council was present . SERVICE The Vice Mayor , acting as Mayor , in accordance with AGREEMENT -WITH HOUSTON Notice of Special Meeting , advised the City Council TEXAS GAS AND OIL CORPORATION: that his office had been presented with and had made • a careful study of a proposed Service Agreement be- tween Houston Texas Gas and Oil Corporation and the City of Palm Beach Gardens , a copy of which is attached hereto and made a part • hereof , and recommended that the same be submitted to the Council for approval . RESOLUTION Whereupon , u p on Resolution duly made , seconded , TO AUTHORIZE EXECUTION OF and unanimously passed , the City Council authorized SERVICE AGREE- LENT: the Vice Mayor acting as Mayor and the City Clerk to execute a Service -Agreement with the Houston Texas Gas and Oi-1 Company for the year beginning January 1 , 1962 and ending December 31 , 1962. OCEAN FRONT The Acting Mayor advised the Council that it should PROPERTY: consider a proposed recision and cancellation of the purchase by the City of certain ocean front property from Banker:, Life and Casualty Company as shown from the minutes of the meet- ing of December 30 , 1960 . Whereupon , Mr . Lehane , member of the • Council and Financial Advisor of the City advised the Council I • that the agreement entered into was infeasible , impossible of performance by the City , and would impose an unbearable tax burden ; he further advised the Council that said company would mutually agree to rescind and cancel the same without charge or loss to the City . The subject was further discussed by the Council and the following resolution was duly made , seconded and unanimously approved : WHEREAS , Bankers Life and Casualty Company , an Illinois corporation , has mutually offered to rescind and cancel that certain agreement executed with the City for the pur- chase of ocean frontage arising out of a resolution of the City of December 30 , 1960 , the same to be without charge or cost to the City ; and • WHEREAS , the City is in default of said agreement and that the same Ss infeasible , impossible of per.for.mance and would result in an unbearable tax burden on ' theCity ; and WHEREAS , Mutual recision and cancellation of that agreement effective as of the date of execution would relieve the City from the 'financial burden thereof . NOW, THEREFOR4 BE IT RESOLVED : That the certain agreement entered into between the parties dated December 30 , 1960 be mutually rescinded and cancelled and that the City execute with said company by its Acting Mayor and City Clerk an agreement mutually rescinding and cancelling the said agreement of purchase and rendering the same null and void • as of the date of execution thereof , and that the Resolution of December 30, 1960 in regard thereto be rescinded and held for naught. PROPOSED The Vice Mayor, acting as Mayor, advised the City ORDINANCES: Council that it was most desirable at this time to pass ordinances (a) declaring certain persons to be disorderly, (b) regulating the keeping of animals and fowl and dogs running • at large within the territorial limits of the City , and (c) li regulating all peddlers and solicitors who desire to carry on �I their activities, and all businesses and occupations to be en- gaged in, within the City, and, further that municipal council had prepared ordinances to these effects at the request of Palm Beach Gardens Police Department. PROPOSED GENERAL The city Clerk then read the proposed Ordinance ORDINANCE NO. 6 RELATING TO DIS- declaring certain persons to be disorderly, tentatively • ORDERLY PERSONS: numbered General Ordinance No. 6 , for the first time. PROPOSED GENERAL The City Clerk then read the proposed Ordinance ORDINANCE NO. 7 REGULATING ANIMALS regulating the keeping of animals and fowls and AND FOWLS AND DOGS RUNNING AT LARGE: dogs running at large within the territorial limits of the City, tentatively numbered General Ordinance No. 7 , for the first time. PROPOSED GENERAL The City Clerk then read the proposed Ordinance ORDINANCE NO. 8 REGULATING PEDDLERS, regulating all peddlers and solicitors who SOLICITORS, BUSINESSES, AND OCCUPATIONS: desire to carry on their activities, and all businesses and occupations to be engaged in within the territorial limits of the City of Palm Beach Gardens, tentatively numbered General Ordinance 8 , for the first time. • ADJOURNMENT: There being no further business the meeting adjourned. ATTEST: APPROVED: /. / TY/ LER• VICE MAYOR, ACTING AS MAYOR tinot)..4-AtA••• 1:) (LALA•%4 NORMAN D. ROWLAND LLIAM L. • RGIL NI 40 PAUL D, DOO*N / l. CA .44 /1 HORACG. S. MILLER t L. J LEHANE • C O U N C I L ' I • SERVICE AGREEMENT FOR GENERAL SERVICE (For Use Under Rate Schedule G) THIS AGREEMENT entered into this 29th day of December , 1961 , by and between Houston Texas Gas and Oil Corporation, a corporation of the State of Delaware (herein called "Seller") and 44rzot Of We titagt Off* t'iott4$ , (herein called "Buyer") ; W I T N E S S E T H: 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 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 distribution business in the communities and areas supplied by Buyer up to but not in excess of the Maximum Daily Con- tract Quantity specified below for each year with respect to each Delivery Point, which shall be at the city gates: Maximum Daily Year At City Gates of: Contract Quantity (Therms) First Year ' rbl `I** 44 Second Year Polo Web gilt P116. li60 110 Third and Subsequent Yrs . M' + , Pte• 1,710 - 1 - 2. Annual Contract Quantity of Firm Gas: Under the provisions of Rate Schedule G, Buyer agrees that its Minimum 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 applicable to the particular billing 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. Annual Contract Quantity Year (Therms) First Year 132A0 Second Year 000 04040004 10440 191 9 feet ARTICLE II Rate Schedules 1. Buyer shall pay Seller, for all service rendered hereunder, the prices established under Seller's Rate Schedule G as filed with the Federal Power 'Commission and as said Rate Schedule may hereafter be legally amended i 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 Con- ditions of Seller on file with the Federal Power Commission, all of which are made a part hereof by this reference. ARTICLE III Term of Agreement This Agreement shall be ,effective on the date hereof and shall' con- . tinue in effect for twenty years from the date of first delivery of gas - 2 - I • 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 speci- fying a termination date at the end of such period or any yearly period there- after. ARTICLE IV Point of Delivery The Pointe") of Delivery for all natural gas purchased under this Agreement' shall be at the City gate M of Nam Beach Gardens, Florid*. • • 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 wri'ting. and .sent ,by prepaid mail to the addresses stated • below or at such other address as may hereafter be designated in writing. - 3 - • Seller: Houston Texas Gas and Oil Corporation . P. 0. Box 10400 St. Petersburg 33, Florida Buyer: City Of Paint S Gardena 1001 1241ek Avsuu► &alts Park, nitride • ARTICLE VII Miscellaneous 1. The interpretation and performance of this Agreement shall be in accordance with the laws of the State of Florida. 2. Seller may make change's'"in"its F.P'.C. Gas •Tariff upon filing with the Federal Power Commission under Section 4 of the:Natural Gas Act and ac- ceptance .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: • "SairVice Agteentent dated September 23, 1960." 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 Cm OF PALM SEACH GARDENS„ 1 U% By • By Vt 1 Vice Mayor Acting as Mayor ATTEST: ATTEST: Secretary x5rencet 5mm p Ly Clerk Date Date December 29 , 1961 4 - , EXHIBIT A (111 Effective Ammo 1, IOW To Service Agreement Dated (Supersedes Exhibit "A" Effective on 1�M likly 14 161 The portions of the Annual Contract Quantity of 104120 therms for the determination of the Minimum Bill each month are as follows: Month of Service Year Ending allalibir 3* . 1 2 January 'January Lai P000_: February February 10•$00 . March March 9,260 April April 6,660 May May 6.460 June June 6,990 July July 69200 • August August 99750 September September 119370 October October ' 129950 November - ,November 149100 December December 16,060 Total for Service Year 132,000 HOUSTON TEXAS GAS AND OIL CORPORATION C M O F 'A M IWO G f MUM By By OMA."-01.4.0.--b art4A-Q24 Vice Mayor Acting as Mayor ATTEST: ATTEST: ..ji r c Secretary SOME tsany ty Clerk IIIDate. ' Date December 29 , 1961 - 5 - • SERVICE AGREEMENT FOR GENERAL SERVICE (For Use Under Rate Schedule G) THIS AGREEMENT entered into this day of , 19 , by and between Houston Texas Gas and Oil Corporation, a corporation of the State of Delaware (herein called "Seller") and City of We Beech ins, florid* , (herein called "Buyer") ; W I T N E S S E T H: 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: J• ARTICLE I Quantities 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 distribution business in the communities and areas supplied by Buyer up to but not in excess of the Maximum Daily Con- tract Quantity specified below for each year with respect to each Delivery Point, which shall be at the city gates: Maximum Daily Year At City Gates of: Contract Quantity (Therms) First Year Palm Beta GItrdias, pia. 1,150 Second Year end Vale Swath Ondigss, i le. 1,710 Subsimutat Veen mcpatatme m 1 m • 2. Annual Contract Quantity of Firm Gas: Under the provisions of Rate Schedule G, Buyer agrees that its Minimum 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 applicable to the particular billing 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. Annual Contract Quantity Year (Therms) First Year 132.000 Second Year 1916910 ubsognt ARTICLE II Rate Schedules 1. Buyer shall pay Seller, for all service rendered hereunder, the prices established under Seller's Rate Schedule G as filed with the Federal Power Commission 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 Con- ditions of Seller on file with the Federal Power Commission, all of which are made a part hereof by this reference. ARTICLE III Term of Agreement This Agreement shall be effective on the date hereof and shall con- • tinue in effect for twenty years from the- date of first delivery of gas - 2 - • 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 speci- fying a termination date at the end of such period or any yearly period there- after. ARTICLE IV Point of Delivery The Point(// of Delivery for all natural gas purchased under this Agreement shall be at the City gate(// of P*IN Setigh ealitallnr, MAO*. f` 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 did General Terms and Conditions, Seller shall have the right upon filing with and acceptance ,e 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 prepaid mail to the addresses stated • below or at such other address as may hereafter be designated in writing. 3 - Seller: Houston Texas Gas and Oil Corporation P. 0. Box 10400 St. Petersburg 33, Florida Buyer: City of Ma Such G IPA Wm Pte, Florida ARTICLE VII Miscellaneous 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 ac- ceptance 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: °WOO, AVO00.1t did Soptomber 23, 1980." 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 OM Or PALM SSACO MOWS. 1,1411DA By BY j, I . ATTEST: ATTEST: .4 /1/J/ , Secretary Sect-em-err - i , ..1111111KI Date Date • - 4 - EXHIBIT A Effective J amo, 1, 1962 • To Service Agreement Dated (Supersedes Exhibit "A" Effective on Amoy 1. 1961 ) The portions of the Annual Contract Quantity of 132.E therms for the determination of the Minimum Bill each month are as follows: Month of Service Year Ending Oemablie 31, 1062 January SUMO January OWNS February 10,800 February UMW March 9,260 March WWI April 80360 April May 8.460 May W June SAW June UMW July 8400 July • August 9,950 August September 110316 September October 12440 October SOU November 14400 November December 16460 December Total for Service Year 132, HOUSTON TEXAS GAS AND OIL CORPORATION ern PAM SW= GAII ► irlielak By BY I. , .4'm . ATTEST: ATTEST: ,// P 1 i ,` / i . .L.,...A fil .r. % .tom. Secretary - _ ' o �7 0 Date. Date - 5 -