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
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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
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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.
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•
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
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• 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
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• 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
•
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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
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