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1993-101-RES WHEREAS, the City Council has been made aware of Lone Star Gas Company's need of assistance in RESOLUTION NO. 93-101 WHEREAS, the City Council has been made aware of Lone Star Gas Company's need of assistance in collecting cust- omers' payments, and the City of Paris, through its Water Billing Office, is able to provide such service; and, WHEREAS, in order to furnish such service it is neces- sary for the Ci ty of Par is to enter into an Agreement for said service with Lone Star Gas Company; and, WHEREAS, the form of agreement for such collection of customers' payments attached hereto as Exhibit A, should be approved, and the City Manager, Michael E. Malone, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the proposal of Lone Star Gas Company for the collection of its customers' payments by the City of Paris, through its Water Billing Office, as reflected in the agreement attached hereto as Exhibit A, is hereby accepted; and, BE IT FURTHER RESOLVED, that the form of the Agreement attached hereto as Exhibit A is in all things approved; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the agreement with Lone Star Gas Company for collection of its customers' payments by the City of Paris, through its Water Billing Office, in the form shown in Exhibit A attached hereto. Passed and adopted this 11th day of October, 1993. ~L~r ATTEST: , ~-n..,.) \\.\.l'r.."I>-'~'~ Mattie Cunningham, City ler APPROVED City Attorney ~~ T. K. STATE OF TEXAS COUNTY OF LAMAR ~ ~ KNOW ALL MEN BY THESE PRESENTS: THAT, the CITY OF PARIS, Paris, Texas, a municipal corporation, acting by and through its City Manager, Michael E. Malone, duly authorized, hereinafter called CITY, and LONE STAR GAS COMPANY, a division of ENSERCH CORPORATION, a Texas Corporation, hereinafter called LONE STAR GAS, do hereby contract and agree as follows: 1. CITY agrees to receive without charge to any customer of LONE STAR GAS, payments on behalf of LONE STAR GAS for all bills rendered by LONE STAR GAS to its customers at Paris, County of Lamar, State of Texas. 2. CITY shall provide space acceptable to LONE STAR GAS where LONE STAR GAS' customers may conveniently pay their bills, and have access to a telephone. 3. CITY is authorized to receive payments and issue receipts therefor in the name of LONE STAR GAS in accordance with the general requirements contained in Exhibit "A", attached hereto and made part hcreof. 4. All right, title and interest in and to the pay- ments received by CITY from LONE STAR GAS' customers is vested solely and exclusivcly in LONE STAR GAS. CITY shall remit to LONE STAR GAS daily by check, draft, money order or bank deposit slip (whichever agreed on) the aggregate amount of cash collections received. All checks, drafts or money orders made payable to Lone Star Gas Company received by the CITY from customers shall be daily transmitted to LONE STAR GAS or deposited in a designated depository. CITY IS LIABLE TO LONE STAR GAS FOR ALL PAYMENTS MADE TO IT BY LONE STAR r.AS' r.IIS'fOMRRS. RRr.AROLF.SS OF LOSS RY THEFT. FIRE. OR OTHER- 6. In performing services hereunder, CITY understands that it is acting in the capacity of an independent con- tractor and not as an employee of LONE STAR GAS, and agrees to carry out and perform the terms of this agreement as herein set out. CITY ASSUMES RESPONSIBILITY FOR INJURIES OR DAMAGES TO PERSONS OR PROPERTY WHICH MAY BE SUFFERED IN PERFORMANCE OF THE SERVICES COVERED HEREBY, AND CITY AGREES TO INDEMNIFY AND HOLD HARMLESS LONE STAR GAS FROM ANY AND ALL CLAIMS, DEMANDS, AND EXPENSES RESULTING THEREFROM. 7. Neither this agreement nor the obligations con- tracted for under the agreement shall be assignable by either party hereto. 8. This agreement may be terminated by either party upon six ty (60) days' wr it ten not ice to the other par ty. Such notice shall be deemed sufficient when deposited in the United States mail, postage prepaid, addressed to the other party at the designated addresses shown above. Executed this day of , A.D. 1993. CITY OF PARIS By: Michael E. Malone, City Manager ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney LONE STAR GAS COMPANY By: Roy L. Sparks ATTEST: STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Michael E. Malone, City Manager of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considera- tion therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of , 1993. Notary Public, State of Texas Printed Name: My commission expires: STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Roy Sparks, Lone Star Gas Company, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expres- sed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ___ day of , 1993. Notary Public, State of Texas Printed Name: My commission expires: GENERAL REQUIREMENTS FOR THE COLLECTING OF CUSTOMERS' BILLS COLLECTION OF NET AMOUNT OF BILL FOR GAS SERVICE: Accept payment, including balance in arrears, when date of payments is within discount period as shown on bill. Collector shall indicate net amount was paid. COLLECTION OF GROSS AMOUNT OF BILL FOR GAS SERVICE: Accept payment, including any balance in arrears, after the expiration of discount period. Collector shall indicate gross amount was paid. COLLECTION OF BILLS FOR MERCHANDISE, DEPOSITS, SERVICE CHARGES, PREVIOUS SERVICE, PROJECT HAP'N: Accept payment of the above items. Advance payments on merchandise accounts may be accepted, in which event the proper coupons should be detached and included with collection (if available). CUSTOMER CHECKS: On checks, drafts or money orders received and made payable to Lone Star Gas Company for amount due for gas service bills and/or merchandise payments, Collector should insert in lower left-hand corner of each check, draft or money order the account number shown on the bill in order to identify as in payment of a certain account. Company will not accept two-party checks. RECEIPTING CUSTOMER BILLS: When receiving payment of any bill, Collector will stamp both sections of bill with "Paid" stamp furnished by the Company. The receipt section (lower portion of bill) shall b,e returned to customer and the stub section (upper portion of bill) shall be retained by Collector for balancing collections and forwarding to Company at designated location. Collector shall take every precaution to change date of "Paid" stamp at the beginning of each business day, and to keep stamp in a secure location. A payment transaction will be available for customers who do not have part or all of their bill or merchandise coupon. POSTAGE USED IN MAILING: The company will provide postage paid envelopes. REPORTING AND RECORD KEEPING: Collector will record customer name, account number, and amount paid for each transaction on the form provided and will submit daily to Lone Star Gas with the collections. FACILITIES: Lone Star Gas, at their option, may provide a sign or signs at Collector's premises to properly direct and inform customers. ADVERTl SING: ... L-L~_ ____~____..... T___ C".....__ f"__ _L_1'