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265130 WHI7E — CITY CLERK - � (��_�0 PINK — FINANCE � COIlIICll hb CANARY — DEPARTMENT GITY OF SAINT PAZTL File �- NO. BLUE — MAVOR �� Council Resolution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, the City of Saint Paul has assumed operation and main- tenance of the premises located at 130 North Smith Avenue, Saint Paul, Minnesota, and it is to the best interest of the City to enter into an Interruptible Gas Service Agreement with the Northern States Power Company as soon as possible; Now, therefore, be it RESOLVED, by the City Council of the City of Saint Paul that the proper city officers and agents are authorized and directed to enter into a certain Interruptible Gas Service Agreement between Northern States Power Company, a Minnesota corporation, and the City of Saint Paul, for the supply of gas services to the premises located at 130 North Smith Avenue, Saint Paul, Minnesota, a copy of which agreement is attached hereto and made a part hereof. COUIVCILMEIV Requested by Department of: Yeas Nays / Christensen Hozza In Favor Levine „�/ Rcedler ��d Against BY �7'�� .f_ President Hunt M� 6 �� Form Appj by City A rney Adopted by Council: Date - Certified ssed Coun Secretary "' BY ♦ Appro by Mayor: ate 2 1975 Approved by Mayor for Submission to Council By � By ) 1975 �� • �'�� zR �� CITY OF SAINT PAUL OFFICE OF THE CITY ATTORNEY PIERRE N. REGNIER February 26, 1975 RECE�VED FE6 2 61975 Council Presidertt Ruby Hunt Mrs. Ruby Hunt, President Saint Paul City Council 719 City Hall and Court House Saint Paul, Minnesota 55102 Dear Mrs. Hunt: Re: P�i�s a�guired by City af Saint Paul at 130 Aiorth Smith Aveuue, Saint Paul, Minnesota 2 enclose herewith a resolution authorizing the proper city officers to enter into an Interruptible Gas Service Agree- ment with the Northern States Power Company for the supply of gas services at the above preaY►ises. I understand the request has been made by Mayor Cohen directly to the Northern States Power Company. Very t�y"yours, � - __.---- �,.; � THOMAS J � T S Assista City Attorney TJS/bms Enclosure City Hall, Saint Paul, Minnesota 55�02 612 223-5121 . . � ?• .� ' NORT9IERY ST/lTF3 PON'kR CO)tl'ANY � "" • INTERRUPYtBLE SERVICE ,� �" �;� . ' ' (108) , h>��,�t.�� . , AVAI�ABiIITY Arailable on an interruptible basis tn a commerciat or industriaf customer whou maximum hourly rcquiiements ore in excess of 1000 cuDic fat and x ho wJl aFree(I�to curt�il his use of Ras wl�enever requcstad by Comp.ny,(2)to proride and m�inl�in suit�ble�nd adequ�te st�ndby facili�ies,and (3)to h3ve avail�ble�t all tima sufficient st�ndby fuel to maint�in continuuus pl�nt oper�tion during periodi of turtailment in the delivery of gas sold here- under. Atustomet MAo prior to August 1.1974,had cont:acted for service during the montfis o!Apri1 through Oetober only and tor whieh the�equicements o!(2)snd(3)wece vaived may continue to take intertuptible serviee aithout standby fatilities.subject to the same turtailment as other tus- tomers in his priority classitication. Wring lhe months of hovember lhmugh the tollowin6 Flarch,the supply o[gas for large vofume toads will oaly be avaitable to lhost eustomers a•ho were receiving service tor such loads on August 1. 1974.Large volume loads ace de(ined to be those Lavin6 a mazimum day requirement ot 200�ict o�more. ' CtiARACTER OF SERVICE Dclivery of gas hereunder shall be subjeet to eurtalment whenever rcqucsted by Company.such requests to be made as f�r in ad- ancs u pouibla RATE Rtaity Rab Monthly Nbximum psy Mei INontAly Requiremenb qaui- Prr Minimum R�quirements ta�at ksst six months fiaGon Md Chsry� (Se�Nou 1) �ad�ysar(See Note 1) N► 5.94 S S].50 Morc ttun 1000 eu.R.per honr but kss than 50 Mcf per Aay � A .77 YS5.00 SO Mcf or more but lcss • • ' thsn 200 Mef BB .7S 310.00 2001�tcf or morc B .73 � 620.00 » « • � S 000 to 9 999.9 C .69 1<45.00 « p " " 10000 to 19 999.9 D .66 2 685.00 ' p �• a �• '10 OQO to �l9 999.9 E .62 6 090.00 » � « « , SO 000 to 199 999.9 - F .59 10 325.00 . ltore than 12 OUO btcf • �OOOOOand morc *PURCNASEO GAS ADJUSTMENT In the event there Is a ehange in the town border�ate under which Company purchasts gas sdd under the above schedule, t6ere ahall be added to or deducted trom the monthly bill computed according to tfie above scl�edule the product o( the monthly tonsvmption in l�fei and the amount per blcf to the aearest O.O1C by which the toan border commodity charge varies Irom 43.1OC pe�Mef.1n the event the total varistion is a posiGve amount,soch amount will be multiplied by 1.037. . ln the event+relund is recelved by the Company tmm Northem Natural Gas Company attributable to the cost of gas which has been sold by the Company under the{oeegoing purchased gas adjustment clause, such attributable retund.multiplied by the faMot 1.087.together with interest theteon,teceived by theCompany will be applied as s►reduetion in the purchased gas edjustment until the amouat ot sueh attributa6te ret�nd and iaterest has been expended.Sueh unit�eductioa will be extended over o petiod aot to exceed tweIve months. tNOMTHLY MINIMUh1 CHARGE If in any month tustomer does not use the minimum amount pro�ided for herein beause of Company's failure lo detiver gas - wholly ot in p�rt,thr monthly minimum eharee shall De reduced proportionately to the amount of eurtailment during sucfi monlh.11'here eustomer agrees to dixontinue the use of service during the aeriod from Kor•ember 1 to Afarch 31,inclusive,e�ch ye�r,tlw monthly minimum charges hereundet w71 be��•�ived during said period. ADDITIONAL CHARGE FOR USE OF GAS OURING CURTAILAIENT !C eustomer fails to curtail his use of gas fiereunder when requestcd to do so Dy Com- pany.he shall pay in addition lo the appropriate above rates,either�n amount equ�l�o�ny payment Company is required to make to its pipeiine supplier under the terms of its Town Border Contract as a result of su;h failure to curtail,or 55.43 per!�tcf of gas used in exceu of the volume of gas to which customer is requested to eurtail,ahichc.•er amount is grea�er.Such papmtnts,howeti•er,shall not preclude Comp�ny from shulting off customer s supply of gas in the event � of his failure to curuil his use thcreof whrn requested by Comp�ny to do so. PROMPT PAYAIEN7 PROVISION A charce of 5;'�on the first S'_5.00 monthly plus I�o on tlu remainder will be added to aet monlhly bill,eomputed at tlu tate schrJule shuwn above,whi�h ch�rgr sl�all cons�itute o discount from gross bill for paymtnt within the discount qeriod. • UN17 OF MEASUREMENT 71u unit of ine�surement sh�ll be a cubie foot of gu at an�bsolute preswre of 30 inches of inercury,�nd a lemperiwre of G�de• Erees Fahrenheil. HEATING VALUE Fn�m 975 Stu t�10:5 8tu(inclusi�•e)pe�cubic foot.lf in any month,tlie�rithmetie average of I�ourly total hr�ting valucs of the gas is Icss than 97S Btu per eubic fout,thc volume a!Fas mnsu�ed hntundcr during such peria!shall bc dccreased for billing pu[poses in proportiun to�he dc.ccasc bclow 975 Blu per tubic(uot. . PR�ORITY CtASSIPICATION C'I.�ss AA sh�11 ha�•e first priority.Curlai6nent shall hcRin wilh Classifitriion F and pre�ress to Classification AA. TERM OF AGREEh1EN7 Srrvice oRreenunt shall be far�Ierm c+f not leu than one yar.Upon expir�tion of tttm,Agreement eMdinues in force until temii- mtcJ by at Icost lhirty J�ys'wriNCn n��tite by cilhet p�rty. N�+Ie 1: Appliei li�eslimrieJ aquiremenb unti)a.�wl ttyuiremeMs h�ve Deen osctttained. Nule.': 11ie abure�ate s:6cdulcs for intrrrupt�hle urvice�re�1so suhjett tu Cnmpany's toolr�et w•ith Northe�n Nalurol C�s Cumgany f:�►m whom Ilrc g�s a�n- lempl��ed a�fie s��W herrunder wJt be pw.h�xJ. � •7•7� AA * The PGA effective in February 1975 is + 15.13� per Mcf. ' . . . IN�'l;ttltUl''1'ittl.T�, CAS SI:I�VICI; ACtZI:L?n1I;N'1' ronH �az•ano �io.»� , 21st Februar 75 '�A Tl�IS AC�3tl�r�tliN'I'� AfaJc Il�i+ ��ny oL.__ 3' 19___.,by and bctwccn NOJ:'1'111iRN ��'@a�k � �- C0J�41'ANY, a Minnesota �or oration, hcrein:�flcr callcd thc "Coin 1n "pnd CITY OF SAINT PAUL r r• Y. � I�crcinaftcr cnllcd thc "Customcr." engagcd in U�c busincss or- goVernment � � -- , ,_.. �YITNLSSf:I'il: Tfcat thc partics hcrcto� cach in considcration of ihc agrccmcnts of the otiicr, o�rec as folfows: � , l. RLQUIR�AiENTS AND D�LIVL�RI�S: Comp�ny agrccs to supply �as to Glistomcr at n ratc of IIow up to but not cxcccdin� 4,200 eubic fect per hour an� 45,000 cubic fcet per day,at the point of delivery which sh:tll be at the outict of thc mcter installation at 130 No. Smith A�venue - St. Paul and G�stomcr agrccs to tabe gas from Company for his own usc for the following purposes, namcly: - Rn;1 Pr F;r;ng _.Gas shall bc dclivercd at such pressures and temperatures as may ezist under operating conditions at G�stomer's servicc location. Operating pressures at this toca6on shall normally be between 1�Z si Q _ anA 3 pS1Q The gas furnislicd hereundcr is interruptible gas and delivcry thcreof is subject to curtailmcnt.G�stomer agrees that he wi11 curtai] his use of gas hereunder to the eztent and for U�e periods requested by Comp:iny. Ctislomer furtlier agrees to pro�•ide and maintain suitable standby facilities incJuding a minimum storage capacitp of 20 Tons of Coal on his premises and to have available 1t all times sufTicient standby fuel to maintain contim�ous plant operation during curtailment of the delivery of �;as. \�hen curiailment of the use of gas is requircd, Company agrces whenevcr possible, to gn•e Custorner the time reasonably necessary to make a cbange-over to standby fuel and Customer:�grees to proceed promptly to inake svch change-over. 2. TERI�4: This Agreement shall become effective whea gas is firse supplied hereunder,which shall not be later than Febrtar; ] 19_75 y and shaII continue in effect uatil February 18 � 19��., and, if not then temunated by at least thirty days• prior writtea notice by either party� shail continue further until so terminated. , 3. RATE: Gtistomer a�rees to qualify for and elects the rate schedule for Interruptible Service—Clasc AA _ �stomer agrees to pay Com- paay's established rate schedule in effect from time to time in this locality for such Service, the established rate schedule now in effect being atiached hercto. It is undcrstood and agreed that the above classification shall be�subjcct to revision based on actual experience of operatioa. 4. PAYI�4SNT OF BILIS: All bills are payable at Company's office on or before the tenth day succeeding the date bilt is rendered for aervice supplicd by Gompany in the preceding mouth. . • S. TERI�iS AND CONDTTI02�S: The service hereundcr shall be supplied for G�stomer's �se subjeci io agreements contained herein, the "Terms and Condidons" on reverse sidc hereof and madc a part of this Agreement, and Company's General Rules and Regulations covering gas service. G1�stomer agrces to use gas service only as l�erein stated and will not assign this Agreement except upon�vritten consent of Company. If Cusiomer fails to curtail his use of gas hcreunder�vhen requestcd to do so by Company, he agrees to pay to Company the amount specified in the "Additionat Char�e for Use of Gas During Curtailment" provision of the rate schedule then in effect. Sucl� payments, however, shall not preclode Company from shutting off C�stomer's supply of gas in the event of his•failure to curtail his use thereof when requested by Company to do so. 6. TEI'.MII`TATION OF PRIOR AGREEMENT: It is mutually agreed that on the.effective date hereof this Agreement term.inates that certain Agceemcnt dat� xxxxxxxxxxxxxy lgxxxx�betweea Company an� xxxxxxxxxxx�xxxxxx�xxxxxxxxxxxxxxx x xxxxxxxxxxxx�xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx � covering the service furnished hereunder and any understandings, liabilities and undertakings of each party unto the other arising therefrom,ezcept as to any unpaid bills for gas service owing to Compaay. IN WITNHSS Pi'fiEREOF, the respective parties have caused this Agreement to he duly executed� and t6e same shalI be equally binding upon the respective parties, and each oE their successors and assigns. . In preseace of: . . � NORTHERN STATES POWER COMPANY . By ' And ' WITNL•SSL•S AS TO COAfPANY ' � CITY OF SAINT•PAUL . j . By_ � � Mayor -- — � And i wirrar:ssr_s ns To cusrunteii � ' City er Approved as to form And ` Degartment of I'inance AssisL-aiit City Attorncy � Approvect as Co form �znd execution this d.�y of ,19` ' • A:�:;i..C:iiiL- t;i.t:y AClc�r��iry • _ _ _ _ . _ __ __._..__��M...n,-�,._ _ _ _ _ __. __ _ __ _ __ _ •cr�cn��: ANI) t:ONI)fl1C)NS t. tii'KV,I('I: (•c�r�r�tt<'1'I(1N:� nNl) �1/11N IiX'!'I'.N91(�NS: Ca�- -� .5. Iltif; Ol� til?I:VICI'.: (i:�+ a�tvicc ntny bu uRC�I uniy [ur U►o pi� l��mcr r.l�.�ll ��i:int ti� ('��iu��:iny ri��bl uf-w:�y i�n I�it �,tcmi�cs f„f thC �HV.ts sct frnlh in Ihc n�lc anc�di�i�, inttallvlinn nn�l ni;�inl�vu�nrc uf lhc nrrc�eary ��i��cx, un�lrr�:tuund (iav ticrvicc is fin�ii�h��l fur Ih��use.o(('ustuntcr unly��nd Ci�slumcr c��n�.irucii��i�, iu�J n��u�trnc�nccs. nr��l sh:�ll ��•ilhuul c��rm� lu (:unt- sh:ill nol rescll il lu ulhcr pc�vu��y. " �,any ��iuvi�l� nml �n;iinl:�in on lhc prcmi•.cs, t�t n lc�r,ili<,n s:ili;f:�clury tu (:urn��;iny, �rm�,�r ::��acr, f:icililics ;in�l �trcicturcn nccc,sary (��r in- G. CON'1'INUI'1'1' nt� SIiItVICI's: Cump:�ny t,tinll cxcrcisc duc dili- atallatiun o[ (:oiup;iny's pipiu!>. mcicrs, rc�;ul:Ucirs :�nd a��puilcuanres. l:cncc in o�,a:�lin}; itx �,I:�nl �unl i[il (�c picvrnlc�l frwn d�livrrinK g:�Y Cust��nicr �h;ill provi�l� for thc safckccpin�; of Com��ny's tnctcrs wl�olly or in p:�rt,or Cu.tuincr bc i�rcvcntc�l fn,in rccci��int:�;:iv tivhully nn� otlicr cyui�,mcnt und sh:�ll rciiubursc C'ompany for lhc co.;t o[ �r in p:+rt, by uny c:u�zc nc�t re�tson:ibly �vithin cuntrc�l. ineludin�t. uny nllcr:itiuns to Company's ��ruprrly ncccssitatcd hy Cnstomcr and �vtlhout liiiiiling thc �cncr;�lity ot thc [urrFoini:. lirc. cxplozion, tloud� for nny loss uf or dam;iLc tu Cuinp:iny's property locatcd on the strikc, unavoidablc acci�lc�it, iuplurc o! pip.: re�ultin�; from tcmperl- prcmitics unl�ss such loss or damarc is occasioncd by Cumpany's lurc ch:ingc or ground �islurb:uiccs, Fcdcral. Sl:ilc or AtunicipaF in- nc�;lircncc or r.�uscs bcyond thc c�ntrol of Cus�o�ncr. tcrtcrcncc, thc parUCS agrcc (cxccpt in r.�sc of a practicatly total destruction of tt�cir respcctivc propertics or practic:�lly tot:�1 sttspcnsion 2. Ttl:'fP.RS: Company wil! furnish, install as close as practicabfe of thcic respectivc businesscs), dili�;entl; to put their respective �vorYs to tl�c scn�icc cntr,incc on Custon�cr's prcmises, 1nd maintain onc sct in con�lition again to su��;ily or to rcccivc gas as ttic casc may bc. o( mctcrinr cqui�mcnt tor thc scrvicc supplicd undcr this A�;rccmcnt. Company shall not hc liahto for any�damagc�or loss resultin� from ltowcver, Comp:�ny tnay [or ils o�ti�n convcnicncc install aJditional such intcrruption or suspcnsion or for its failuro lo rcccivc nn adcquatc mcters for mcasurinF�scrr'icc supplicd undcr this A�rcemcnt and in suyply of �as at suitablc pressUre from it9 Pipclinc supplicr, nor sh:ill such casc consumptions rc�;isteccd w•ill bc couibincd for billing pur- cithcr of thc samc bc tonsidcrcd a brcacti of this AbrCCmcnt. I�oe poses. • intcrruptions duc to tlic causcs mcntioncd in this p:+ragraph, nn appro- Thc ubsolutc pressurc of thc gas as mcasurcd shall be thc �augc priate ndjastmcnt wilt be madc in thc monthly minimunt char�c pro- pressure plus the normal baromctric pressure in pouods per ayuarc vidc�l for iu t6is Agrecmcnt, providcd Customcr stislt liave promptiy inch carricd to onc dccimal placc.Tl�c spccific gravity of thc �as uscd 8�v«► notice iq writing to Co:z�pany at its ollicc of any such shutdo�vn i�orificc mctering corr,putntions s(�all bc obtained oncc each month or or interfere�ce und tlic cnuse thcrcof. Volunt�ry shuido�vn of the as frcyucntly �s necessary for reason�bly accurate dcierminations. p�1nt or properiy by Glistomer, oc voluntacy discontinuance or sus- Compat�y will roaintain and test its mctering eqttipmcnt in accord- P�nsion of its business, shall not operate to retease Customec from ance with acccpted standard practice. lu the �vcnt Company's tcst such monthly minimum churge. shows m�ter error in excess of accepted or prescribcd tolcrance,Com-� 7, CO\iPANY'S P.IGHT TO DISCONTINUE OR CURTAIL pany shall make an adjustment of the bills for service during the SUPI'LY• Company st�ail have the rigtit to curtail the supply of gas period of inaccuracy if determinable, otherwise for such period pre- servic� for any of the follo�cin�reasons: where service is supplied o�� cedinG i6e test as sct forth in Company's General Rulcs and Regula- � interruptible basis; whe❑ necessary to make repairs, replacement� tions. �Ylicn meterin� equipment fails to register, customer sbafl pay or changes in C:ompanp's equipaient; when necessary to cou►ply wiGl an amouut bascd upon cousumptions for comp�uable operations for Any order of any governmental aathority having jurisdiction. a sunilar period. When curtailment of thc detivcry of gas hereunder is nccessary, Glistomcr will be responsible for chanbing recording cbarts on such curtailment wiil be requested in accordance with Compaay's cur- Company's metcring facilitics at intcrvals to be specified by Company ' tailment schedulc and,over a reasonablc period of time, all Customers and will fonvard such charts to Company. in each classification of such schedule will be treated alile so far as 3. CUSTOj4ER'S PIPING AND EQUIPMENT• C�stomer shall Practicable.C1�stomer sl�all supply Company with names of persons cur- instal! his pipino and equipment in an approved manner and shall at rently authorized to receive and effectuate such curtailment requests. a!1 times maintvn and keep the same in repair, and comply with all Company shall have the right to discontinuc the supply of gas serv- rec�uirements of public authorities, if any, having jurisdictiou ovtr ice for any of the following reasons: for failure to pay amounts gay- the same, and, in the event of his failure to do so, or iE Company ablc �rhen duc,or to establish crcdit when rcqucstcd; to prcvcnt frauS 5nds that such piping aad equipment, in its opinion, is not adequate or aUuse; when evidence is found of diversion of gas. ot tamperind ttnd safe,or tbat the operltion thereof uader existing conditions is not with service pipes. meters, or appurtenances on Customer's premiscs; saf.e, Company shall have the right to discontinue the supply of gas so when Company is prevented Lrom furnishing sas service to Glistomer !•�ng as such conditions exisG because of want of supply or lack of permits or necessary rights-of- Any inspection of Customer's piping and equipment by Company is �'�'ay privileges; when necessary to comply with any order of any gov- :��r the purpose of avoiding unnecessary intcrruptions of servicc to its ernmental authority ha��ing jurisdiction; for failure to comply with custo:ners or damage to its property and for no oti�er,purpose, and 1ny of the ott�er provisions of Company's rates,rulcs and regulations. shall not Ue construed to impose any liability upon Company to Cus- Any such discontinuance or curtailment of supply shall not relieve tomcr or any other person by rcason thercof, nud Company shal! not Customer frr._n!us obligadons to Company. be liable or responsible for any loss, injury, or damage which may g FRAI�'CFIISrS. P�RI�iTTS AND RTGH'TS-OF-�VAY• Service to result from thc use of or defccts in Gtistomer's piping or equipment. • Company may, however, at any time require Gtistomer to make be supplied hereunder is contingent upon Company having necessary such changes in his equipment or use thereof a° may be necessary to franchises,permits, and rishts-of-way during the terw hereof to enable eliminate any hazardous condition or any inj�._ious effect �vhich the Company to carry out the terms of this AgreemenL operation of Customer's equipment may havc on Company's em- 9. tiYAIVER OF RTGHTS OR DEFAULTS:No dclay by Company ployzes, equipment, or service. in enforcing any of its rights shall be deemed a wai��er of such rights. 4. ACC�SS TO CUSTOTIER'S PREMISFS: Company rcpresenta- nor shall a waiver by Company of any of Custonier's defaults be tives, �vhen properly identified,shall have access to Customer's prem- decmcd a waiver of any other or subsequent defaults. ises at all reasonable times for the purpose of reading metecs,making 10. DELAYS: Neither party shall be liable for delays not reasonably repairs,making inspections,removing Company's property,or for any witl�in its control, including dclays caused by inabitity to secure or other purpose incidcnt to the scrvice, replace materials or supplies aecessary to perform the�vork contem- plated herein, nor sha21 any such delay be dccmed a breach of any obligation hereunder. . 11. It is understood tbat this agreement is subject to the authority of any regulatory body having jurisdiction 6ereof. . ^ . • • • , . ^ � . : \ . � . . , . . � � � . � r • ' ! , , ?� . • NORTIIER,t STATFB PON ER CO)1PANY, . � ' . INTERRUP718LE SERVtCE '' ' ' a108) �� ' �� , • �, �.. �.:� _ , AVAIIABIIITY A��il�ble on a�interruptiAle b�sa 1��a commercial or indus�ri•rl customer whou m�ximum Aourty rcquirements are in excess o!1000 cubic fect and who w�ill ogree(1)to curt�il his use of Ra�wlitnevet rcquestcd by Comp.ny,(2)to provide and maint�in suitoble and a0equotc slandhy facilities,and (3)to h�re available ot�II times sufficienl standby fuel to mainliin conlinuous p1�nt oper�tion during periods of curt�ilment in the dctirery of gai sold here- under. Acustomer vho prior lo August I,1974,had contracted(ot service durin�the monlhs ot April through October only�nd!or which the tequirements ot(2)ind(3)Rere t+aived may continue to take interruptible service without standby taeitities,subject to lhe s�me curtailment as other cus- toeoers in his priotity ciassi[ication. During the months of November through the following Dtarth,the supply o[Yas!or lerge volume loads will oaly be available to those customers a�ho w�ere reeeiving service for such loads on Aueust 1. 1974.Large volume loads are defined to be those l��vint s ma�cimum day requirement of 200�1c(or mora ' CHARACTER OF SERVICE Dclivery of gas hereundet sh�ll be subject to curtalment whenerer requested by Company,sucA tequests to be made as f�r in ad- qnce u possibte. RATE � PriorFty Rsb Moetfily Msximum Day Mef Montf+ty Rpuireme�ts psssi- Ps� Mieimum Requircmenes to►at leatt iix month� fiation Mcl qurp� (Su Nob 11 �ad�Ysu(See Mote 11 M s.9� S S1.50 Morc tfun)000 eu.ft.per hour but kss than SO Mcf per day � A �� I55.00 SO Mcf or more but kss - • • ' than 200 Mef BB .7S 31�.00 200 btcf or more $ .73 620.00 • « « r S 000 to 9 9999 C .69 1145.00 ° w w " 10000 to l9 999.9 • p .66 Z 685.00 � p • p � �0 000 to 49 999.9 E .62 6 090.00 • •• •• « , 50000 to 199 999.9 F .59 � 10 3?3.00 . 11orc than!2 000 bicf • �OOOOOand moce '�PURCHASED GAS ADJUSTMENT ln the event there Is a ehange in the town border r�te under which Company purchaxs gas sold under ihe abore uhedule, there ahall be added to or deducted irom the monthTy bi11 computed aeeording to the above schedule the peoduct oI the monthly consumption !n 11ct and the amount per A1cf to the nearest O.O1C by which the town border commodity charge varies from 43.1OC per Me[,In the event the total vuiatioa is a posilive amount,soch amount aill be multiplied by 1.037. , ln tbe event e tetund is received by the Company Irom NoRhern Natural Gas Company att»butable to the cost o[gas �rhich has been sold by ihe Company under the loagoing purchascd gas adjustment clause, sueh attributable refund,multiplied by the factor 1.087.together with intetest thereon,teceived by theCompany aill be applied as a reduction in the purchased gas adjustment until the amount ot such aitcibutable retund and interest has been expended.Such nnit teduction wi11 be extended over a period not to exceed twelve months. (NONTliLY MINIMUh1 CHARGE If in any month customer does not use the minimum omount pro�ided foc herein beause of Company's fa�7ure to deliver gas w�holly or in p�rt,the monthly minimum charee shall be reduced propoctionately to the amount of curtailment during such month.lYherc customer agrees to dixontinue the uu of service during the period from Kor•ember 1 to l�farch 31,inclusive�each year,tl�e monthly minimum charges hereundet will be�•aived during said period. ADDlTIONAL CHARGE FOR USE OF GAS DURING CURTAILAIEN7 If customer fails to curtail his use of gas hereunder when requested to do so by Com- pa�y,he sh�ll p�y in addilion to the appropriatr abo�e rates,either�n omount equ�l tn any payment Company is required to m�ke to its pipckirte supplier under the terms of iu Town Border Contract as�result of su:h failurc to curtail,or 55.43 per�tcf of gu used in exceu of the volume of gas to which customet is requested to curtail,whiche•er amount is g�cater.Such p��•mtnts,Rowe�et,shatl not preclude Company from shuttingoff customei s supply o[gss in the event � of his faiture to curuil bis use Ihereof whcn requested by Comp�ny to do so. PROMPT PAYh1ENT PROVISION A ch�rce of 5:'�on the first S�5.00 monthly plus 15e on t)K rcm�indet will be odded to net monthly bill.tomputed at 11u nte scheJule shuwn abo��e,which charge sliall conslitute�discount from p,ross bill for payment within the dixount pttiod. • t1N1T OF MEASUREMENT Tl�e unit of mcaxurement sh�ll be a cubie foot o[gas at an abwlute prasure of 30 inches_of inercury�and a temperituce of GO de- Erees Fnhrenheit. HEATING VALUE Frnm 975 Btu to 10:5 Btu(inclusive)per uihic foot.lf in any month,ll�e arithmetic aversge of I�uurly lota)heatin�values of Ilie gas is trss than 97S Btu per eubic f�wt,Ihe vulume of g�s me�suud luieunder during such periaf shall be deereaxd for Ailling purposes in propurtiun to the derrease Delow 97S BW per tubic foot. . � PRIORITY CLASSIFICATION C'I.�ss AA sh�ll ha�•e first priority.Curtailment sholl hetin wilh Classification F and progrcss lo Cbtsifit�tion AA. TERM OF AGRFEh1ENT Srrrice aRrcemcnt shall bc Wr�term of no1 Itu th�n one ye�r.Upon expir�tion of Ittm�Agrcenxnt eantinuts in force untii termi- �uleJ hy�I Ins��hirty Jays'wriltcn nutite by tilhet p�rly. Nule 1: Applies lu cslimrieJ�equirements unlil•r.lual ttyui�emenls h�ve been auett�ined. Nute 2: 71u abuve��tc s:hcdul.s for interrupt,hle urvi.e ore olso subject tu C��mp�ny i tonttact with Norlhern Natural Gae Cumpany Gom whom t6e R�s cun- Itmpl�ted tu he wIJ hertunder wdl bc purcti�xd. •7-7� AA� * The PGA effective in February 1975 is -I- 15.13� per Mcf. � _ . • _ � . - � . , . . � XN�'I;ItIZUI''�'ttt�,I; GAS 5I?dLVICI; AC►ZI:I:119I.N'r � �onM tns.ono �io.�» �'lli5 AO{tLt:AiIiN'f� AtaJc Ihi. 21st ��nY of February �9 75 ��'�� J . , _.�by nnJ bctwccn NUI:'1'iiliR �F'A. 1 1 I_it G�Or4PANY, n MinnesoCa corpor�tion, hcrcinaltcr callcJ Ihc "Company,"nnd CITY OF SAINT PAUL ` iicrcinaftcr cnlicd thc "Customcr�" tngugcd in tt►c busincss o�—t�oVernment :� – -- WITNLSSI:1'II: T7iat thc partics l,crcto. cach in considcration of ihc ngrccmcnts of Ihe oUicr� a�rec as follows: \ ' l. REQUTR�I�4ENT'S AND ll�LIVL7ItI£S: Company agrccs to supply �as to Ctistomcr at n ratc ot flow up to but not czcccding. 4,200 cubic icct per hour und 4_S_,000 cubic fcet per day,ut the point of delivcry which sh.111 be at the outict of thc mctcr installation at 130 No. Smith A�enue - St. Paul .and G�stomcr agrccs to tabc gas from Company for his own usc for thc following purposes� namcty: _ Rn;1 Pr F;r;� _.Gas shall be dclivercd at such pressures and temperatures as may e�ust undcr operating conditions at Gtistomer's servicc location. Operating pressures at this location shall normally be between_l� =s�,'u� ��t 3 psig The gas furnisl�ed heretmder is interniptible �as 1nd delivcry thereof is subject to curtailment. C1�stomer agrees that he will curtaii his use of gas hereunder to the cztent and for tl�e periods requcstcd by Company. Ctistomer furtlier agrees to pro�•ide and maintain suitable standby facilitics inct�ding a minimum storage capacity of 20 Tons of Coal an his premises and to ha�� availlble at all times suflicient standby fuel to maintain continttous plant operation during curtailment of the delivery of �<is. �'Vhen curtaiiment of the use of gas is requircd, Company agrees wlunevcr possiblc, to give Custorner the time reasonably necessary to make a change-over to standby fuel and Customer agrecs to proceed promptly to inake such change-over. 2 TERI�4: This Agreement shall become effective when gas is first supplicd hereunder,which shail not be later than February 19 � 19_�S y and shalI continve in effect until February 18 � 19 76., and, if not then temunated by at least thirty days' prior writtea notice by either party, shal! continue further until so tcrminated. 3. 1tATZ: G�stomer agrees to qualify for and elects the rate schedule for Interruptible Service—Class �4 _ G�stomer agrees to pay Com- � pany's established rate schedule in cffect from dmc to time in this locality for such Sen�ice, the established rate schedule now in effect being attached hereto. It is understood and ugreed that the above classification shal!be subject to revision based on actual experience of operatian. 4. PAYA3L�NT OF BILIS: All bills are payable at Company's office on or before the tenth day succeeding the date bill is rendered for service supplied by Company in thc preceding manth. . ' S. TERfliS AI�TD CONDITI02`'S: The service 6ereundcr shall be supplied for Glistomer's �se subject io agreeroents contained herein, the "Terms and Conditions" on reverse side hereof and madc a part of this A�reement. znd Company's Gencral Rules and Regutations wvering gas service. G�stomer agrees to use gas service only as herein stated and will not assign this Agreement ezcept upon�vritien consent of Company. If Customer fails to curtail his use of gas hereunder when rec�uestcd to do so by Company,he agrees to pay to Company the amount specified in the "Additional Charge for Use of Gas During GUrtailmenf' provision of the rate schedule tlien in effect. Sucl� payments, ho�vever, shall not preclude Company from shvtting otf Clistomer's supply of gas in the event of his•failure to curtail his use thercof �vhen requested by Company to do so. 6. TL�4II�TATIOId OF PRIOR AGREEb1ENT: It is mutualIy agreed that on the,effective date hereof this Agreemcnt terminates that ' certain Agreement dat�� xxxxxxxxxxxxx 29xxxx�between Company ana xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx �xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx � covering the service furnished hereunder and any understandings, liabilities and undertakings of each party unto the other arising therefrom,except as to any unpaid bills for gas service owing to Company. IN WI7NESS �VHEREOP, the respective parties have caused this Agreement to be duly exccuted, and t6e same shall be equally binding npou the respective parties,and each of their successors and assigns. � Ia presence of: . . IdOR'THERN STATES POWER COMPANY . �y � An� � W1TNL•SSFS AS TO CODfYANY ' • CITY OF SAINT-PAUL . - � By. � � Mayor � And i w�rnrssr_s ns To cusruntc�t '– ' City er Approved as to form And .\ � Department of Finance AssisL-ant c�ty ntto�n�y � Approved as to f:orm �nd execution this d��y of ,l9� ' n::::i.�;�:►��c c;.��y AtLc�rn��y �n:un��c nNn c:c�Nnrn��Ns !. til'It�':I('I: ('ONNI'.('I'iON:i ANI) �fAIN IiX'11'N51(1NS: Cns• J .S. IISIi O(' .til?I:VIC.'i!: (ia� srrvicc ntny bu unal uuiy t��r tho pu ti�mcr �.I�nil�:i,�nl 1�� ('��ni��:�ny ri��hf-uf•�vay �m i�i� �qcmi�cs fi�r U�c �xr.cs sct f��lh in Ihc rnt�� .r�hc�l��l�. iufit:ill:�lii,n i�n�l in.iinlrnnucc �i( Il�c nrrc.s:iry ��i��c�, undrrf.�uun�l (�:�q servirc is fnrni�hr�l (ur lhc n�eo[Cutt� r�y1��uslonlcr c��i��iiur�i�m, iu��l ��y�u�lrnauccs. ond tihall ��•ilhuul capcmc {u Cun�- sh:ill nut res�ll il lu uthcr p��vunx. �=�t.�_'p_C.�.,,, p:iny �a��vi�lc +in�l m,iiiit:�in c�n Ihc prctnir�c�, i�t n Iuc:iliuit s;�ti:faclury tu (:umpniry. I�m�,rr spiicr, facililics s�nd �In�rliircl ncccssary l��r in- G. CON'1'INUI'I'Y n3� SI:IZVI('li: Cumpany shtill cxcrrisc duc dili- atall:iliun vf C:om��:iny s pipin�;, incicrs, re�;ul:�turs and �ip�nulcn:inres. l:cnrc in oi,cratin}: ics �+I:�nt wnt i[ il hc prcvriiled Icuni �I�IivrrinK F.as Cu1t��mcr sh;ill proviilc for lhc s:,t��;«t,�„r �,r c:o►„�:�ny's oictcrs wholly or in p:�rt,rrr(;ustoincr bc prrvcntc�l frum rcrri��iiil;g:�v tivhol[y nnd uttirr c<�ui�,rncnt iiud sh;ill rcinibursc C:ompany for tl�c cost of �r in p:�rt, by uny c;wsc nc�t rc;+son:ihly wilhin cuntrol, includin}�. any nllcr:rtiuns tu Company's pruperty ucccssitatcd hy Cuslomcr.and �vilhout liniiling Uic (;cncraliiy of thc [orrFuin�:. firc. cxplosion.11ouct. for nny loss ot or damagc tu Company's property locatcd on ihc strikc, unavoi�lablc acci�lcnt. rupturc of pip� resutliii}; from lcmpera- prcmi,cx unlrss sicch loss or damn�;c is occssioncd by ComPany's turc changc or groun�l disturb:uiccs, 1'cdcrnl, Statc ar ;�tuniripa! in- ncbliFcncc or causcs bcyaid thc control of Customcr. tcrfcrcncc� Ihc partics a�rcc (cxccpt in ,ca�c of •� practic,�lly total destruclion of tlicir respcctivc propertics or ptacticalty tutai suspension 2. 1+ti;Ci:RS: Comp�ny will furnish, install as close as practic�blc of thcir respcctivc busincsscs), dili�;cntl; to put thcir respcctivc works to thc scn-icc cntrancc on Custonicr's prcmiscs, anJ maintain onc sct in condition again to sup;�ly or to mccivc bas as thc casc may Uc. of mctcrinr cquipmcnt tor d�c scrvicc supplic<t undcr this A�;rccmcnL Company shalt not hc lial�l� for any!Jamagc�or luss resulting froin 1lowcver, Company �nay for ils own convcnicncc inst.�ll �dditional such intcrruption or suspcnsion or for its[,�i�ur�to rcccivc nn adcyuate mctcrs for ntcasuring•scn'icc supplic� undcr this Agcccmcnt and in su�>ply of �as at suitnblc pressurc froni i�g pipclinc supplicr,nor sh:tll sucli casc consuiuptions rc�;islcccd will bc combincd tor billing pur- eithcr of thc samc bc �onsidcrcd a brcach of this Abrccmcnt. I'oc poses. • interruptions due to tlie causcs mcntioncd in lhis paragraph, nn appra Thc nbsolutc pressurc of ihc gas as mcasurcd shall be the gauge P�iatc ndjustmcnt will be madc in thc monthly minimum charEc pro- pressure plus the norma! baro�nctric pressurc in pouods per syuare vidcd foc in this ASrcemcnt. providcd Customcr slial! lrave promptly inch cnrricd to one dccimnl place.T7�e specific gravity of the �as used Bi�ut notice in writin�to Company 1t its otlice of any sucfi shutdown in orifice mctering con;putntions sl�all be obtained once cach month or or intcrfcrence and the cause thercof. Volunt�ry shutclown of the as frcqucntly :►s nccessary for reasonably accurate determinations. P�1nt or property by C�stomer, or voluntary discontinuancc or sus- Compauy will maintain and test its mctoring cquipment in accord- P�nsion of its business, shall not operate to release Customer from ance with accepted standard practice. ln the event Comp:ury's test $uch monthly mioimum chnrge. shows meter error in cxccss of acceptcd or prescribcd toterance,Com- 7, CO\iPANY'S P.IGHT TO DISCONTINUE OR CURTAIL pany shalt make an adjustment of the bilts foc service during the SUPPLY: Company shall have thc ri�tit to curtail the supply of ga4 Fer+od of inaccuracy if determinable, otherwise for such period pre- service for any of the following reasons: �ti�here service is supplied��; ceding the test as sct forth in Company's General I:ulcs and Rcgula- an interruptiblc basis; �vhen nccessary to make repairs, replacemen�; tions. Wiien metering equipment faits to register, customcr shall pay ar changes in Company's equip�ient; whcn necessary to comply witi� an amouut based upon cousumptions for comp�uable operations for any ordcr of any govcrumcntal authority having jurisdictioa. a sunilar period. Whcn curtailment of the delivery of gas hcreunder is necessary� Gtistomcr wilt be responsible for chan;ing recording charts on such curtailment will be requested in accordance with Company's cur- Company's metcring facilities at intcrvals to be spcciCied by Company ' tailment schedule and,over a reasonablc period of time,all Customers and will fonvard such charts to Company. in each classification of such schedule �vill be treated alike so far as 3. CUSTOy1ER'S PIPING AND EQUIPMENT: Cdstomer shall Practicable.Customer sl�all supply Company with names of persons cur- install his pipino and equipment in an approved manner and shall at rently authorized to receive and cfl'ectuate such curtailment requests. all times maint�un and keep the same in repair, and comply with all Compaay shall have the right to discontinue the suppiy of gas scrv- rcquircments of public authorities, if any, having jurisdictiot� ovtr ice for any of the following reasons: for failure to pay amounts pay- the same, and, in the cvent of his failure to do so, or if Company , able when duc,or to establish credit�vhen rcqucstcd; to prevcnt fraud 5nds that sucl� piping and cquipment, in its opinion, is not adequate or aUusc; ��hen evidence is found of diversion of gas, or tamperiag nnd safe,or tbat the operation thereof under existina conditions is not with service pipes, meters, or appurtenaaces on Customer's premises; safe,Company shall have the ribht to discontinue the supply of gas so when Company is prevented from furnishing gas.scrvice to C�stomet !. ;�g as such conditions ezisL because of want oF supply or lack of permits or necessary rights-of- Any inspection of Cusiomer's piping and equipment by Company is way privileges; wben necessary to comply svith any order of any gov- :��r tl�e purpose of Avoiding unnecessary interruptions of service to its ernmental authority having jurisdiction; for failure to comply with custo:,��rs or damabe to its property and for no otiier,purpose, and �ny of the oiher provisions of Company's rates,ruics and regulatians. shall not Ue constcued to impose any liability upon Company to Gtis- Any sucti discontinuance or cvrtailment of supply shall not relieve tomcr or any other person by rcason thercof�nnd Company shall not Customer fr��_n liis obligacions to Company. be liable or responsible for any loss, injary, or damage which may g FRAI�CfIISGS, P�RI�STTS AND RiGH"I'S-OF-�VAY: Service to result from thc use of or dcfccts in Gl�stomer's piping or equipment. be supplied hereunder is condngent upon Company having necessary Company may, however, at any time require Gtistomer to make franchiscs,permits, and rights-of-way during the term hcrcof to enable such chan�es in his equipment or use thereof a° may be necessary to Company to carry out the terms of this Agreemen� eliminate any hazardous condition or any inj�._ious effect which the operation of Customer's equipment may have on Company's em- 9. WAIVER OF RIGHTS OR DEFAiJLTS:No dclay by Company ployecs� equipment, or service. in enforcing any of its rights shall be deemed a wai��er of such righis. 4. ACCESS TO CUSTO�IER'S PREb4ISFS: Compiny rcpresenta- nor shall a waiver by Company of any of Custon�er's defautts be tives, �vhen properIy identified,shall have access to Customer's prem- decmed a waiver of any other or subsequent defaults. ises at atl reasonable times for the purpose of reading meters, making 10. DELAYS: Ncither party shall be liable for delays not reasonabty repairs, making inspections,removing Company's property,or for any witliin its control, including delays caused by inabitity to secute or other purpose incident to the service. replace materials or supplies necessary to perLorm the work contem- plated herein, nor shall any such dclay be dccmed a breach of any obligation 1:ereunder. . 11. It is understood that this agreement is subject to the authority of any regulatory body having jurisdiction hereoE. " . � • . . _ \ � , ' • \ , ,� . . , . � � � � ; . � t , � • � �. . ......�.. ____ _ __ . _ , _. __ __�- ___..__.__:�.�...�-, .�.�.- � _ _ _,<�-_t u . .. � � '.� . ' NORTIIERY STATES PON'�R CO)IPANY, • -' � ' •� INTERRUPTtBLE SERVICE � � ' (108) _ , AVAIiAB1UTY A��ibAle on an interruytible basn ta a commerci�t or industri•rl tustomer whou m�ximum hourly rcqu6ements orc in excess of 1000 cubic fett�nd who will�grce(I)to curt�il his use of gas wl�enever tequesled by Comp�ny,(2)to provide ond maintain suit�ble and�dcquue sland�y facilities,�nd (3)to have avail�bk�t�II tima iufficicnt standby Wct to mainloin continuuus pl�nt opention during periodt of curtiilment in the dclirery otg�s sold hert- under. Acustomer who prior to August 1.1974,had contracted for service du�ing the months of April through Octobe�only�nd for which the requirements of(�ind(3)were aaived may continue to take intertuptible service without standby iacilities,subject lo the aame cuctailment as other cus- taners in hiz priotity ctassitication. During the months of November through[he(otlowing htarch,the supply ot gas(oc large volume loads will oaly be available to those customers w•ho were receiving service for such loads on Aueust 1. 1974.Large volume loads ace defined W be those Asving s maximum day:requirement o(200�ict or mot�. ' CHARACTER OF SERVICE Dclivery of gas hereunde�shall be subject to curtailment whrnevcr nquested by Company,such requests lo be trude as far in ad- ante a�pouible, RATE • Prio�ity Rst� Monthly Msximum Dsy Mci Montldy Requiremtnts Cfassi- Ps� Mi�imum Requircmenes tar�t lem siz months tiation Md Cbsrp� (S��Not�11 �aM yuc(Ses Note 1) N► 5.94 E 5�.50 l+tore th�n 1000 cu.ft.per hour but kss than 50 Mcf per day � A ,77 IS5.00 SO bief or morc but less • • ' ihan 200 Mef BB .7S 310.00 200 btcf or mon B .73 620.00 •+ a « « . S 000!O 9 999.9 C .69 1415.0� « w w « IOOOOto l99999 • p .66 2 685.00 � w w a « ZO000 l0 49 999.9 E � .62 6 090.00 • •• « » , 50000 to l99 999.9 . F -� � ��3�•� . Nore than 12 004 bief - ZOOOOOand moce �PURCHASED GAS ADJUSTPAENT In the event there is a change in the town border rate under which Company purchaus gas sold under ihe above schedule� there ahal] bt addrd to os deducted (rom the monthly bill rnmputed aceotding to the above achedule the product o[ the monthly eonsamption in �ict and the amount per D1et to the nearesl O.O1C by whicfi the town border commodity chacge varies(rom 43.10� pet Mtf.Ia the event the total rsrlation is a positive amou»t,such amount will be�aultiplied by 1.0.47. , 10 tht event a retund is meived by the Company[�om floRhern Natucal Gas Company attributable to the cost of gas whiCh has been sold by the Company under the forcgoing purchased gas adjustment clause, such atlributable cefund,multiplied by the factor 1.087.together with interest theteon.teceived by theCompany will be applied as a reductioa fn the purchased gas adjustment until the amount of such attributa6le tefund and Interest has been expended.Such unit ceduction will be cxtended over a period not to exceed twelve months. MONTHLY MINIMUb1 CHARGE lf in any month customer das not use the minimum amount pro�ided for herein bec�use ot Company's fa�ure to detiver gas aholly ot in p�rt,the monthly minimum charee shall be reduced proportionately to the amount of curtailment during such month.11'here customer�grea to discontinue�he use of serviee during the period from I�ocember 1 to rfarch 31,inclusive.each yar,tl�e monlhly minimum charges hereunder will be�vaived during said period. ADDITIONAL CHARGE FOR USE OF GAS OURING CURTAI L�1ENT lf eustomcr faits to eurtail his uu of gas hereunder whcn requested to do so by Com- pony,he shill p�y in addition Io the appropriate abo�e rates,eitlur�n amount cqu�l to�oy payment Company is required to make to its pipeline supplier under ihe terms of its Town BorJer Conlract as�result of su:h(ailurc to curuil,or 55.43 per�tcC of gas uud in excess of the volume of gas to which customer is tequated to curtail,whiche�•er amount is greatet.Such p�yments,howe�er,shall not preclude Compony from shutting of(customcr s supply of gas in the event � of his failuce to curuil his use Ihrroof when requested by Comp�ny to do so. PROMPT PAYMENT PROVISION A cliarce of 5;'�on the first 5:5.00 monthly plus l�o on tlK mmainder will be added to net monthly b71,eomputcd at lhe tate schNule shuwn above,which ch�rEr shall constitute a dixount from gross bill for payment within the dixount period. • UNIT OF MEASUREh1ENT ll�e unit of ineasurement shall bt o cubic foot o[gas�t ats aEsolutt pressure of 30 inches,of inercury.and a temperiture of GO Je- Frecs Fahrrnheit. HEATING VAIUE Fmm 975 IItu tn t0:5 Btu(inclusi�•t)ptr eubic foot.lf in any month,tlie aiithmetic average of I�uu�ly Iotal he�ting v�lues of Il�e gas is Iess than 97S Btu per cubi�fout,tlu vulumc of gas mtasu�ed luitunder during sucl�periaf shall bc dcereaxd for billing purposcs in propurtiun to Ihe dc:rc�sc bdew 97S B1u rer eubi�foot. . PRIORITY CLASS1fICA710N Cwss AA sh�tl have fint priority.Curt�ilment shatl heein wi�h Classifiation F and prosrcss to Classifiation AA. TERM OF AGREEh1ENT Srrrire�Rrcemcnt shall be f��r�letm�f not leu thon one yeor.Upon explralion of letm,Agreenxnt rnnlinues in kxee until tcrmi- nated by�t Ic�st thirtp J�yi wriltcn nutite by tiq�er party. Nute 1: Applies lo cstimateJ aquircmenls until•r.lurl teyuircmeMs have been�xettained. Nu1e 2: ll�e�burt t�te u6edutcs for im�rrupl�ble urvice ore also suhject tu C��rnp�ny't eunitul with Norlhern Naturol Cu Cump�ny fu�m whom the g�s e��n- t�mpl�led lo ht wIJ hereundet w�U he purch�xd. •7•7� AA * The PGA effective in February 1975 is + 15.13� per Mcf. M _ , � � . . - � zrrr�;ct�tuiY�•cccr,t, cns s��.acvxcL ncttc:c:nai�.rrr - ronM I:f:.ono �to.7a� TiE�15 AC1�lil:�il:N'I', AtaJc thi�. 21st .�ny of Februaxy 19 75 �Y a��bctwccn NOI:'I'IlfiltN S (� _ . '��'! :��"�`� ��1�,n��.� „ Minnesota �arpor�tion, hcrcinaftcr ca11cJ thc "Company"und CITY OF SAINT PAUL �� hcrcinaftcc callcd thc "Customcr," enEogcd in Uic Uusincss or government � :� _ WTIN�SSf:!'II: T}iat thc parlics hcrcto� cach in considcration of thc ngrccmcnts of thc otlicr� agrcc as follows: \ ' ]. RLQUIRCr4ENTS AND ll�L1VL+IZIF.'S: Company agrccs to suppiy gas to Gtistomer at n ratc oI flow up to but not cxcccdin,g 4,200 cubic fect per hour and 45,000 cubic fcct per day�ut the point of delivery which shall be at the outict of the mctcr installatioa at 130 No. Smith Avenue - St. Paul and G�stomcr agrccs to tabc gas from Company for his own usc for thc following purposes, naruciy: - Rn;1 Pr g;r;n�, —. Gas shall be dclivered at such pressures and tcmperatures as may ezist undcr operating conditions at Gtistomer's service location. Operatins pressures at this location shall normally be between 1'�Tig and 3 psig . The gas furnislicd l�ercundcr is intcrn�ptible gas and detivcry thcreof is subject to curtailmcnt. G�stomer agrees that he�viil curtlil his use of gas hcreundcr to the eztent and for d�e periods requcstcd by Company. Ctistomer furtlier agrees to prot•ide and maintain suitable standby faciJities inctuding a minimum storage capacity of_ 20 Tons of Coal on his premises and to have available 1t alt times suflicient standby fuel to maintain contimious plant operation during curtailment of the delivery of �as. When curtailment of the use of gas is requircd, Company agrces whcnevcr possible, to give Customer the time reasonably necessary to make a change•over to standby fuel and Customer agrees to proceed promptly to make such cbanoe-over. 2. TER11i: This Agreement shall become effective when gas is first supplied hereunder,which shall not be Iater than FebrLary 1 A � 19 75, and shaII continue in effect until February 18 � 19��, and, if not then ternninated by at least thirty days' prior written notice by either party� shatl continue furiher until so tcrminated. , 3. RATL: Clistomer agrees to qualify for and elects the rate schedule for Interruptible Service—Clast � - G�stomer agrees to pay Com- pany's established rate schedule�n effect from time to time in this locality for such Ser��ice, the estabfished rate schedule now in effect being attached hereto. It is undcrsiood and ngreed that the above classification shall be subject to revision based ou actual ezperience of operation. 4. PAl'MENT OF BII.IS: All bills are payable at Campany's otfice on or before the tenth day succeeding the date bill is rendered for aervice supplicd by Company in the preceding mouth. _ - 5. T'ERhSS A1�*D COND�ITIONS: The service hereundcr shali be supplied for Gtistomer's �se subject io agreeroents contained herein. the "Terms and Conditions on rcverse side hereof and madc a part of this Agreement, and Company's Gencral Rules and Regulations covcring gas scrvice. Gtistomer agrees to use gas service only as herein stated and will not assign this Agreement ezcept upon�vritten consent of Company. 1f Custom�r fails to curtail his use of gas hereunder tvhen requestcd to do so by Company,he agrees to pay to Company the amount specified in the "Additional Char�e for Use of Gas During Ctirtailment" provision of the rate schedule then in effect. Sucl� payments, hou�e�•er, shall not preclude Company from shutting off G�istomer's supply of gas in the cvent of his•failure to curtail his use thercof �vhen requested by Company to do so. 6. TERMII�'ATIOI�I OF PRIOR AGREEMENT: It is mutually agreed that on the,effective date hereof this Agreement terminates that certain Agreement datc� xxxxxxxxxxxxx� 19��between Company and xxxxxxxxxxxxxxxxxxx�xxxxxx�xxxxxxxx xxxxx�xxxx�cxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx � covering the service furnished hereunder and any understandings, liabilities and undertakings of each party unto the other arising therefrom,except us to any unpaid bills for gas service owing to Company. IN WITNESS �YH�RLOF, the respective parties have caused this Agreement to be duly exccuted, and the same shall be equalIy binding upon the respective parties, and each of their successors and assigac. . In presence of: . . NORTFiERI�l STATES POWER COMPANY . By . And " WITNESSL•S AS TO COTlPANY � • CITY OF SAINT•PAUL � By_ . � Mayor � And i wlrKr_sszs ns To cusrunteii ` ' . City er Approved as to form And � � Department of I'inance AssisC�ll1� c�ty ntto�n�y � . nPProved a, to form and execution this d:�y of ,19� � . A:�:�i.::L;►�il (:i.Ly /1LLc�rncy • ___ _ _--. _,.____... _.,__�-�..M,..,.._.,.^..r,.�,�,,., �r�:iint�; ANI) Ct)N1�fIlONS i. til'it\'is'I: ('ONNI'.('1'tt7N.� nNl) �1AIN l:\'1'1'N51(>NS: Ciu• ; _5. Ilti(: O1' tii!I:VIC'i'.: (ia� scrvicC nti�y bu t��i (�� iw pu I��i�icr r.li.i'il ��r;ii�t 1�� C�mi��:�iiy ii��ht-u(-�v:ry ��n hiK ��cmiticrc (��r thc �x>•.cs acI fi�ill� in Ihc tnt�� +rhrdul�, l � insj•iII:�linn un�l in;�in(cni�iicc u[ lhc urrc.•:,�ry ��i�,c.v, �nulrrl:ruunil (iaa s�rvicc is (tuni�l�c�l fur th��ItSC 0I CtISI01►�fYiJ��nticN'(:�fut��ct c��n•.I�uct�nn, nn�l n��p�nlrn:�nrcr:, nnd tih:ill wilhiiiil ctp�n�.n lu ('uin- yb:�ll nc�t rcvcll it lv ulhcr ��l't9U1{A, . p,ny �nuviJc umt mainl�iin on lhc ��rani�.cs, nt n luc:itiun snli•:f:�ctury tu Cc�rn�,,inY, I�r�,�,cr :cp:i�r, facilitics :�rnl strnctnres ncccssary (uc in- G. C(1N't'lNUI'4'1' ni� SIi1tV1Cl;: Cump:my sholl cacrcisc itoc dili- stnl�:iliun of C:uinp;�ny's pi��iug, mcicrx, rc�;ul;Uors and appuitcnanccs. C��c in o�,cr;itinE; ils pl:�nl nn�l if it hc picvrnlcd fr��m �IclivcrinK t::t.r Cust��n+cr sh;ill pruvi�l� for U�c s�fckcrpin�; of Com�any'g mctcrs wholly or in p:ut,or(;uxtomer bc I,rcvcn(r�l fn,m rcrri��inl:l::�v whully nnd otlicr c��ui��ncnt and sh:ill rciuibursc Comp:+ny (or thc cost of �r in p;irt, by ��ny r.uizc not tc:�tionahly tvilhin cuntrol. inctudin�� any nll�r:itiune lu Cotn��:�ny's pruperty neccssita�eJ hy Customer anJ tvilhout limiting lhc �cner:tlity t�f lhe (orrFoinl:. tiec. explo�iott,11ouJ. for nny loss o( or J:►m:igc to Cc��np:�ny's property locatcd on the sUikc, unavoictablc ��rci�tcnt. iuplurc of pip� r�s��ltin�; from tcmpera- prcmi,�s unlrss such loss or dnn��t;c is occasioncd by C<�mpany's turc ch:ingc vr ground distucU:sr.�:,:s� l�cdcrat� StrUC or A[uni�ip:�l in- nrbligcncc or causc9 bcyonJ thc control oE Customcr. tcrfcrcncc, Il�e parUcs a��cc (cxccpt in c:�sc o[ 1 rractic:►lty tota! Jcstruction of Uicir respcctivc propertics or practically tot:il suspcnsion 2. Tti:TP.RS: Company �vill furnish, instal! as close as practicable of thcir respcctivc busincsscs), dili�;cntl; tc� put thcir respcctive works to ihc scn�icc cittr.tncc on Custonicr's prcmiscs, and maintain onc sct in conJition aFain to sup;�ly or to recci��c �:�s as thc casc may bc. o( mctcring cqui�n�cnt !or thc scrvicc supplicd ttndcr this A�;rccmcnt. Company shall not bc liablc for any�damagc•or loss rest►Itin� frorn Ilowever, Company ►nay for i�.s own convenience install additionl) such interruption or suspension or tor its f:�ilurc to reccive nn a�lequate mcters for n��asuring•scr�'icc supplicd under this A�rcemcnt and in supply of Eas at suitablc pressUrc front iLg Pipetine supplicr�noc sh:tll aucl� casc consump[ions rc�;istcrcd will bc combincd fvr billing pur- cithcr of thc samc bc �onsidcrcd 1 broach of tttis Abrccment. Fo� poses. • intcrruptions duc to tlic causcs mcntioncd in this pxragraph� nn appra Thc nbsoluic pressurc of thc gas as mcasurcd shall be thc �auge priate fldjustmcnt will be maJc in thc montltly mininuint char�c pro- pressurc pl�is the normal baromctric pressurc in pouods per iyuarc v�dcd for in it�is Agrccmcnt. providcd Customcr slisll liavc Qramptly inch carricd to onc dccimll placc.Tlic spccific gravity of thc �as uscd 81vcu noticc in �vritin�to Company at its ollice of any such shutdown iu orificc mctering con:putntiuns sUall be obtaineS once each month or or interference and the cause thercof. Voluntary shutdo�vn of the as frcyucntly as nccessary for reasonably accurate dcterminations. plant or pro�rty by Ctistomer, or voluntaty discontirtuance or sus- Compauy will maintain and test its mctering cquipment in accord- P�DSion of its business, shal! not operate to release Customer from ance with accepted standard practice. lu the event Comp.wy's test such monthly minimum chnrge. shows metec error in excess of aceepted or prescribed tolerance,Com-• 7, CO�iPANY'S P.IGHT TO DISCONTTNUE OR CURTAIL pany shalt make an adjustment of the bills for servicc during the SUPPLY: Company shall havc the right to curiail the suppIy of gag l eriod of in�iccuracy if determinuble, otherwise for such period pre- service for any of the followin�reasons• where service is supplied u, ceding the test as set forth in Company's General Rtiles and Regula- � interruptible basis; when necessary to make repairs� replacemeni� tions. �Vf�en meterin� eqtupment tails to register, customer shall pay ar changes in Conipany�'s equipaient; w•hen necessary to comply wit;i an zmount based upen cousumptions for complrable operations for any order of any governmental authoriiy having juriscliction. a sunilar period. When curtailmcnt of the delivery of gas hcreunder is necessary, Gtistomer will be responsible for chan;ing recording charts on such curtailmcnt wiif be requested in accordance with Company's cur- Company's metering facilities at intervals to be specified by Company tailment scfiedule and,over a reasonable period of Gme.all Customers and will fonvard such charis to Company. in each classification of such schedule �vilt be treated alile so far as 3. CUST0ti4ER'S PIPING AND EQUIPMENT• Gtistomer ahall Practicable.G�stomer sliall supply Company with names oE persons cur- install his pi�ing and equipment in an approved manner and shall at rently authorized to receive and effectuate such curtailment requests. all times maintvn and keep the same in repair, and comply with all Company shall have the right to discontinue the suppty of gas scrv- rcquircments of public authorities, if any, having jurisdiction over ice for aoy of the following reasons: for failure to pay amounts pay- ttie same, and, in the event of his failure to do so, or if Company able �ti�hen duc,or to establish credit�vhen rcqucsted; to prcvcnt fraud finds that such piping aod cquipmeat, in its opinion, is not adequate or aUuse; k�hen evidence is found of diversion of gas, or tampering and safe,or that the operltion thereof under existino conditions is not with service pipes;meters, or appurtenances on Customers premiscs; s�fe,Company st�aIl have the ribht to discontinue the supply of gas so when Company is prevented from furnishing gas service to Glisfomec ?. ng as such conditions exisG because of want of supply or lack of permits or necessary rights-of- An ins ection of Customer's i in¢and e ui ment b Com �n is N'dy privileges; when necessary to comply wiih any order of any gov- y p p p ' q p Y p` y• crnmental authority ha��in� jurisdiction; for failurc to comply with :��r the purpose of a�voiding unnecessary interruptions of service to its any of the other provisions of Company's rates,rules and regulations. custo:ncrs or damabc to its property and for no oti�er purposc, and shatl not be construed to impose any liability upon Company to Cus- Any such discontinuaace or curtailment of supply shall not relieve tomer or any other perspn by rcason thercof, u�d Company shal! not Customer fr<'m tus obligations io Company. be liaUle or responsible for any loss, injury, or damage which may g, FRAI�CHISrS, PEP.I�iITS AND RIGI�I'S-OF-SVAY: Service to result from thc use of or dcfects in Gtistomer's piping or equipment. Company may, however, at any time require Glistomer to make be suppIied hereundcr is condngent upon Company having neccssary such chan�es in his equipnient or use thereof a° may be necessary to franchises,permits,and rights-of-way during the term hercof to enable eliminate any hazardous condition or any inj4_ious effect tivhich the Company to cany out the terms of this Agreemen� ogeration of Customer's equipment may havc on Company's em- 9. WAIVER OF RIGH'fS OR DEPAULTS:No dclay by Company ployees, equipnient, or service. in enforcing any of iis rights shall be deemed a wai��er of such right3. 4. ACCESS TO CUSTOAIER'S PREb4ISFS: Company rcpresenta- nor shal! a �vaiver by Company of any of Customer's defavlts be tives, when properly identified,shall have access to Customer's pcem- decmed a waiver of any other or subseqaent defaults. ises at all reasonable times for thc purpose of reading meters,making 10. DELAYS: Ncither party shall be liable for delays not reasonabty repairs, makin�inspections,removing Company's property, or for any wichin its control, including delays caused by inability to secure or other purpose incident to the service. replace materials or supplies necessary to pertorrn the �vork contem- plated herein, nor shall any such de(ay be decmed a breach of aay obligation hereunder. . 11. It is understood that this agreement is subject to the authority of any regulatory body having jurisdiction hereof. • ' ' . •� • - ' \ � . , \ , . � . • • ' � i i ; � t � , • � _/. ._. ._...-. , _.__ -- __ _