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256198 � OR161NALI O CITY CLERK ��A��^ G111' OF ST. PAl1L couNCa � `; � UFF10E �� i:-iE CITY CLERK FILE NO. 4 !L RESOl.U�'IaN—GE�lCRAL FORM PR'cSEN7EU BY � /� COMMISSIUNFR � _ �t'"— nATF RESOLVED, that the proper city officers are hereby authorized and directed to execute on behalf of the City of St. Paul the Ayreement bet�yeen the City and Northern States Power Company said /lgreement provides for interruptible gas service rates for the new Department of Public Works Bureau of Traffic building � �., � U Lzl :,� � copy of said .AgrP�r�ent bei�g �tt��hed hereto anJ in- t� � corperated herein by refe.rence. L�y L�L'y � Ll � L_. FURi!iER RESOLUED, that the cost� incurreci by the City of S�, Paul uncier the te nns of this Agr�ernent shal ? 5e �aid from code Budget Fund 0203-220 and 0204-220 in the amount as billed under the rate of this agreement and the volume of gas used. OCT 2 9 �9�� COUNCILt,iEN Adopted by the Council 19_ Yeas �� Nays �QV �, ��7� � �,,�, Ga�}se3r C�� - i AP � 19____ , Levine � ^�' Mei•edith Tn Favor ��1 � r-,�:.-�.�,f�ti � Sprafka � / • ayor 'I`edesco ---b�--�gainst Mi. President, 11'IcC�rty ; , �;.� Nov 6 197� PUBi,�i:i�i.,�_- - ' Form 1277�5-71) ' � . � , 'K����� FoRM»z ssa c�� aa� ������ GAS SERVICE AGREEMENT (� TfiiS AGREEMENT,Made this 27 day of n�tn�+pr � 19�.1,by snd between NORTHERN STATES POWER CpMppNy� � Minnesota �,��tion, hereinafter called the "Compaay."and. City of Saint Paul� Department___4f p�,��TT...-�,.. �...-�". �� Traff;� , hereinafter called the "Customer;' engaged in the bnsiness o� g�.gp . • WITNESSETH: That the parties hereto, each in consideratioa of the agreements of the other, agne as followa: 1. REQLTIREMENTS AND DELNERIES:Company agrees to supply gas to G1�stomer at a rate of flow up to but not exceecLng 9000 cubic feet per hour and 7$000 cubic feet per day,at the point of delivery which shall be at the ouflet of the meter instailadon at Q�� *Iorth Dal e,, ���^* p���i � Mi nneaota -- and Customer a�rees to take gas from Company for his own use for the following purposes, naanely: �+,�.�i�+-f;r�tr Gas shall be delivered at such pressures and temperatures as may exist under operating conditions at Gtistomer's service location. Operating pressures at this location shall normally be betwee++1� na�_ ana 3 psi The gas furnished hereunder is interruptible gas and delivery thereof is subject to curtailment. Customer agrees that he will curtail his use of gas hereunder to the extent and for the periods requested by Company. C�stomer further agrees to provide and maintain suitable standby facilities with storage capacity acceptable to Company and to have available at all times sufficient standby fuel to maintain continuous plant o�eration during curtailment of the delivery of gas. When curtailment of the use of gas is required, Company agrees whenever possible, to give Customer the time reasonably necessary to make a change-over to standby fuel and Customer agrees to proceed prompdy to make such change.over. 2. TERM: This Agreement shall become effective when gas is first supplied hereuader,which shall not be later than �=a*++t,or �� , 19 �1_ and shall continue in effect untiLNQ.Y�'mh�� 24 , 19�2_, and, if not then terminated by at least thirty days' priur written notice by either party, shall continue further until so terminated. 3. RATE: Customer agrees to qualify for and elects the rate schedule for Interruptible Service--Class�_. Customer agrees to pay Com- pany's established rate schedule in effect from time to time in this locality for such Service, the established rate schedule now in effect being attached hereto. Tt is understood and agreed that the above classincation shall be subject to revision based oa actual experience of operation. 4. PAYMENT OF BILIS: All bills are payable at Company's office on or before the tenth day succeedin� the date bill is rendered for service supplied by Company in the preceding month. S. TERMS AND CONDITIONS: The service hereunder shall be supplied for G�stomer's use subject to agreements contained herein, the "Terms and Conditions" on reverse side hereof and made a pzrt of this Agceement, and Company's General Ruies and Regulations covering gas service. G�stomer agrees to use gas service only as herein stated and will not assign this Agreement except upoa written consent of Company. 1f Gtistomer fails to curtail his use of gas hereunder when requested to do so by Company, he agrees to pay to Company in addition to the rate provided in Paragraph 3 hereof an amount equal to any payment Company is required to make to its pipehne supplier under the terms of its Town Border Contract as a result of such faiIure to curtaii, but in no event shall additional amount �aid as a result of such failure to curtail be less than an amount equal to $2.00 for each Mcf of gas used in excess of the volume of gas to wluch G�stomer is requested to curtail. Such paymcnts, however, shall not preclude Company from shutting off Customer's supply of gas in the event of his failure to curtail his use thereof when requested by wmpany to do so. 6. TERMINATION OF PRIOR AGREEMENT: It is mutually agreed that on the effective date herwf this Agreement terminates that certain Agreement date� xxxxxxYxxxxxx� 19YXXXX between Company an�xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx , covering the service furnished hereunder and any understaadings, liabilities and undertakings of each party unto the other arising therefrom,except as to any unpaid bills for gas service owing to Company. iN WITNESS WHEREOP, the respective parties have caused this Agreement to be duly oxecuted, and the same shall be equally bindiag upon the respective parties,and each of their successors and assigns. Ia presence of: NORTHERN STATES POWER COMPANY � . An� WITNESS&S AS TO COMPANY City of Saint Paul, Department of Public Works, Bure wrrriassES as To cusro�ax — i ,r TERMS AND CONDITIONS � ' � � t. SERVICE CONNECI`IONS AND MAIN EXTENSIONS: Cus- 5. USE OF SERVICE: Gas service may be used oaly for the p�r- � tomer shall �rant to Company right-0f-way on tus premises for the puses set forth in the rate schedule. • installation and maintenance of the necessary pipes, underground Gas service is furnished for the use of G1�stomer enly and G�stomer construc6on, and appurtenanc;es, and shait without expense to Com- shall not resell it to other persons. pany provide and maintain on the premises,at a location satisfactory to Company, proper space, facilities and structures necessary for in- 6. CONTINUiT'Y OF SERVICE: Company shall exercise due dili- stalladon of Company's piping, meters, regulators and appi�rtenances. gence in operating its p(ant and if it be prevenied from delivering gas Customer shall provide for the safekeeping of Company's meters N'6oily or in part,or Customer be prevented from receiving gas wholly and other equipment and shall reimburse Company for the cost of or in pari, by any cause not reasonabiy within control, includin�, any alterations to Company's property necessitaied by Gwstom�r and �'ithout limiting the generality of the foregoing,fire,explosion,flood, for any loss of or damage to Company's property located on the stril:e, unavoidable accident, rupture of pipe resulting from tempera- premises unless such loss or damage is occasioned by Company's ture change or sround disturbances, Fe�eral; State or Municipal in- negligence or causes beyond the control qf Customer. terference, the parties agree (except in case of a practicaliy total • destruction of their respective properties or practically to:al suspension 2. METERS: Company will furnish, install as close as practicable of their respective businesses), diligently to put their respective works to the service entrance on Customer's premises, and maintain one set in condition again to supply or to receive gas as the case may be. of inetering equipment for the service supplied under this Agreement. Company shall noi be liabie for any damage or loss resulting from However, Company may for its own convenience inctali �dditional such interruption or suspension or for its failure tu receive an adequate meters for measuring service supplied znder this Agreement and in supply of gas at suitable pressure from its pipeline supplier,nor shall such case consumpiions registered will be combined for bi:ling pur- either of the same be considered a breach of this Agreement. �or �, interruptions due to the causes mentioned in this paragraph, an appra 'T�e absolute pressure of the gas as measured shall be the gauge priate adjustment will be made in the monthly minimum charge pra pressure plus the normal barometric pressure in pounds per square vided for in this Agreemcn., provided Customer shall have prompdy inch carned to one decimal place.The specific gravity of the gas used ��'en notice in writing to Company at its ofi'ice of any such shutdown in orifice meteri�g computations shall be obtained ance each month or or mierference and the cause thereof. Voluntary shutdown of the as frequently as netessary for reasonably accurate determinations. plant ar properiy by Customer, or voluntary discontinuance or sus- Company will maintain and test its metering equipment in accord- Pension of its business, shall not operate to release Customer from ance with accepted standard practice. Iu the event Company's test sucl� monthiy minimum charge. shows meter error in excess of accepted or prescribed tolerance,Com- '7, COMPANY'S RIGHT TO DISCONTiNUE OR CURTAIL pany shall make an adjustment of the bil)s for service during the SUPPLY: Company shall have the ri�ht t� curtail the supply of gas period of inaccuracy if determinable, otherwise fer such genod pre- service for any of the following reasans: where service is suppiied on ceding the test as set forth in Company's General Rules and Regula- � intenuptible basis; when necessary to make repairs, replacements tioas. When meiering equipment faiis to register, customer shall pay o�chang�s in Company's equipment; when necessary to comply with an amount based upon consumptions for comparable operations fur �y order of any Ravernmental suthority having jurisdiction. a similar period. When curtaitment of the delivery of gas hereunder is necessary, G�stomer will be responsible for changing recording charts on . such curtailment will be reqsested in accordance with Company's cur- Company's metering facilities at intervals to be speci8ed by Company �i�ent schedule and,over a reasonable period of time, all Customers and will forward such charts to Company. in�each cIassification of such schedule will be treated alike so far as 3. CUSTOMER'S PIPING AND EQUIYMENT• Customer shall Pr.acticable.Customer shall supply Company with names of persons cur- instaii his piping and equipment in an approved manaer and shall at renfly authorized to receive and effectuate such curtailmenf requests. all tiaies maintzin and keep the same u� repai:, and comply with xll Company shall have the right to discontinue the supply of gas serv- requiremenG4 of public auUiorities, if any, having jurisdiction over ice for any of the fallowing reasons: for failure to pay amounts pay- the same, and, in the event of his faiiure to do s�, or if Company a51e whe�due,or to establish c:cdit when requested; t�prevent fraud finds that such piping and equipment, in its opinioa, is not a3equate or abuse; when evidence is found of diversion of gas, or tampering and safe,or that the operation thereof under existia�conditions is not �th service pipes, meters, or appurtenances on Customer's prem�ses; safe,Company'shall have the right to discontinue the supply of gas so Wben Company is prevented from furnishing gas service to Customer long ss such covditions exist. because of want of supply or lack of permits or necessary rights-of- , way privileges; when necessary to compiy with any order of any gov- Any inspection of.Customer s piping and equipment by Company is ernment�! authority having jurisdiction; for failure to comply with for the purpose of avoiding unnecessary intenupiiuns of service to its any of the other provisions of Compaey's rates,rules and regulations. customers or damage to its property and for no other purpose, and shall not be construeci to impose any liability upon Comgany to Cus- Any such discontinuance or curtailment of siipply shall not relieve tomer or any otl;er person by reason therenf,and Cor±apany shall not Customer from his �bligations to Company. ba liabla or responsible for any loss, injury, or damaae which may 3. FRANCHISES, PERMITS AND RIGHTS-OF-NAY• Service to result from the use of or defects in Glistomer's piping or equipment. be supplied hereunder is contingent upon Company having necessary Company may, however, at any tzme require Customer to make franchises,permits, and rights-of-way during the term hereof to enable such changes in his equipment or use thereof as may be necessary to Company to carry out the terms of this AgeemenL eli�nate any hazardous condition or any injurious effect which the operation of Customer's equipment may have on Company's em- 9. WAIVER OF RIGHTS OR DEFAULTS: No delay.by Company ployees, equipment, or service. in enforcing any of its rights shall be deemed a waiver of such rights, . 4. ACCESS TO CUSTOMER'S PREMISBS• Company representa- nor shall a waiver by`Company of any of Customer's defaults be tives,when pruperly identified,shall have access to Customer's prem- deemed a waiver of any other or subsequent defaults. ises �t all reasonable times for the purpose of reading meters,tnaking 10. DELAYS: Neither party shall be liable for delays not reasonably repairs,making inspections,removing Com�any's property,or for any within its control, including delays caused by inability to secure or othcr purpose incident to the service. replace materials ar supplies necessary to perform the work contem- • plated herein, nor shall any such delay be deemed a breach of any obligation hereunder. 11. It is understood that this agreement is subject to the authority of any regvlatory body having jurisdiction hereof. 0 . � 4� _ , � � . • . INTERRUPTISLE SERVICE (108) .. AVAILASILITY Available on an intenuptib(c basis W a commercial or industrial cusWmer whose maximum hourly _ , requirements are in excess of 1000 cubic Eeet and who will agree(1)to curiail his use of gas whenever requested by Company, (�to provide and maiatain suitable and adequate standby facilities, and (3)to have available at all times sufficient standby fuel to maintain continuous pla�t operalion during periods of curtailment in the del- ivery of eas sold hereunder. IE customer agrees to rnnfine the use oE natura! gas nnder this tate to the months Apri(thmugh October in any calendar year, requirements(2) and(3) above shall not apply. , . _ ._ . ZHARACTER OF SERViCE Delivery oE gas hexeur.der s'�all be subject to curtailment whenever requested by . Company, such requests to be made as far in advance as possible. . RATE . . , Priority Raf� Monthlr Maximum Day McfMonthly Requirements Clossi- P�r Minimum Requirements ior ot least six months ' $tation Mcf Char9e (See Note 1) each year(See Note 1) AA 5.6092. S 5150 More than 1000 cu. ft . per hour but less than 50 Mcf per day A .4647 � 155.00 50 McE or more b•�t � � less than 7110 Mcf BB .4440 � 310.00 Z00 Mcf or more B .4234 620.00 „ " „ „ � 5 000 to 9 999.9 , C .40D 1 445.00 „ ,� ,� ,' �000 to 19 999.9 . D .3717 2 685.00 " •, ,• •, 20 000 to 49 999.9 E .3304 6 090.00 " " ^ ' S0 000 to 199 999.9 F� .3149 ]0 325.00 More than 12 000 Mcf �0 000 and more • PURCNASED GAS ADJUSTMENT In the event there is a change in the tovm border rate under which Cumpany purchases gas sold under the above schedule, there shall be added to or deducfed from the monthlp bill com- . puted acaording to the above schedule the product of the monthly Consumption in b1cf and th�amount pec 111cf to the nearest O.O1C by which the town border commodity charge varies from 23.14�pec hlcf. In the event the total variation is a positive amount, such amount will be multiplied by L087. , �,. My revision in the purchased gas adjustment due to a change in the tovc•n border rate shall become effective on bills based on regular meter readings on and atter 30 days from the effective date of the change'in the town border rate. In the event a reEund is received bp the Company from Nodhem tiatural Gas Company attributable to the cost of gas which has been sold by the Company under theforegoing purchased gas adjustment clause, such attributable tefund, muttiplied by the factor 1.087, together with interest thereon, received by the Comparty will be applied as a reduction in the purchased gas adjustment un[il the amount ot such attributable refuud and interest has been � expended. Sach unit reduccion will be extended over a period not to exceed twelve months. MONTkLY MINIMUM CHARGE If in any month wstomer does not use the minimum amount provided for herein because of Company's failure to deliver gas wholly or in part, the monthly minimum charge shall be reduced pccportionately to the amount of c.vrtailment during such mon.h. W'here customec agrees to discontinue the use . of service during the pedod from November 1 to M1tarch 31, inclusive, each year, the monthly minimum charges hereunder will be waived during said period. PROMPT PAYMENT PROVISION A charge oE 5 0 on the first S25.00 monthly plus 1 0 on the remainder wilt be added to net monthly bill, computed at the rate schedule shown above, which chazge shall constitute a discount � f[om gmss bill for payment within the discount period. . UNITOFMEASUREM�NT The unitof ineasucement shallbe acubic footof gas atan aUsolutepressureof30 inches of inercury, and at a temperature of 60 deg:ees Fahrenheit. � HEATING VALU E From 975 Btu to 1025 Btu(inclusive)per cubic foot. If in any month, the arithmetic average of houdy total heating calues of the gas is lesa than 9i5 Btu per cubic foot, t4e volume of gas measuzed hereunder d�ring such period shall be decreased for billing pu�poses in proportion to the decrease below 975 8tu per cubic foot. PRIORI7Y CLASSIFICATION Class AA shall hace first priority. Curtailment shall begin with Classification F , and progcess to Classification AA. T�RM OF AGREEMENT Se;vice ag:eement shall be for a term of not less than one year. Upon expiration of term, Agreement, wntinues in force until terminated by at leas:ihicty�days' written notice by either paRy. GROSS EARNINGS ADJUSTMENT Bills rendered shall be further adjusted by Company over a period termir.ating m later than Pecember 31, 1Q72 in an amount !o ailow Compaay !o remup gross earnings payments paid to the City durirg the year 29i 1 in excess of a :ate of S e and uhich h.ve not been futly remeered from Company's customers in prior biliinga Note 1: Applies to estimate,{requirements unt:i ac!ual requirwments have,been ascertained. No.e 2: The at,ove rate schedulas for interruplio;e sercice are alw subjer.t to Company's cuntract with Northem NaNra:Gas Comp�r.y (roT,ahom the gas c�nte:aplated to be xld herruader will be p�rehased. . 'urchased Gas Adjustment effective 7-1-71 is + 4.82� per Mcf. � . 7-71 AA . . INTERRUPTIBLE GAS SERVICE AGREEMENT DATED 27th DAY OF OCTOBER, 1971 CITY OF SAINT PAUL /4pp�oved as to farm: _ Mayor Special Assistant Corporation Counsel Commissioner of Public Works Approved as to Form and Execution: City Clerk Special Assistant Countersigned: Co�poration Counsel � City Comptroller • In the Presence of: NORTHERN STATES POWER COMPANY Its . its }OR(61NAL TR CITY CtCRK'�, �J��^^ • CtTY O� ST. PAUL couNU� J Jv OFFi�E O� T!-iE CiTY CLERK F+`� NA- '� COUNCIL RESULUTION---GENERAL FORM PRESENTFO 9Y COMMISSIONEI' �ATF i i REIIS(1LVED, that the proper city officers are hereby avthorized and dir�cted to execute on behalf of the City of St. Paul the Agreem�fix between the C i ty and llprth�Pn Stat�s Porre� Cc�eap�ny :,j I " I . „ said Ag,t�eement Provides fo� interruptible ga� service rates for tl» , new Dspa�ta�nt of Public Morks Bureau of Traffic building , � , ; A qiqpy of said Agreement being attached hereto and in- corporat�d herein by reference. � � � FURT�i�R RESOLVED, that the costs incurred by the City of St. Paul �under the terms of this Agreement shail be paid from code "�t Fund 02A3-220 and �204-220 tn tt�e aaaunt as billad un�r the rsts f thls agre�t and the volwne of gas ussd. � 1 � , � ''! ��T 2 91971 ,; , COUNCILIIIEN '�� �, Adopted by the Council 19_ Y� ��� 1971 �- � N�V 1 �e�r L��.-�..}-*�-= Approved 19_ Levine n Favor � Meredith ,. SprafKa ' �� Mayor Tedesco �� - against � � � I ) Mr. President, McCart� f ; E ; ' ' Form 1277�5-71) ` ; � ; _;