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AMENDMENT NO. 1 TO
PUBLIC RIGHT-OF-WAY USE AGREEMENT
(City Secretary Contract No. 37729)
This AMENDMENT NO. 1 TO PUBLIC RIGHT-OF-WAY USE
AGREEMENT ("Amendment") is made and entered into by and between the CITY
OF FORT WORTH (the "City"), a home rule municipal corporation organized under
the laws of the State of Texas, and TEXAS MIDSTREAM GAS SERVICES, LLC
("Company"), an Oklahoma limited liability company.
The following statements are true and correct and constitute the basis on which
the City and Company have executed this Amendment:
A. The City and Company previously entered into that certain Public Right of
Way Use Agreement (the "Agreement") pursuant to which the City granted Company a
license to cross certain Public Rights -of --Way in the City for the construction, installation,
and maintenance of a pipeline for the transportation of natural gas, as more specifically
set forth in the Agreement. The Agreement is a public document on file in the City
Secretary's Office as City Secretary Contract No. 37729.
S. The City and Company now wish to amend the Agreement to correct the
locations of such crossings.
NOW, THEREFORE, the City and Company, for and in consideration of the
terms and conditions set forth herein and in the Agreement, the sufficiency of which is
hereby acknowledged, do hereby contract, covenant, and agree as follows:
1. The correct locations for the crossings are identified in Exhibit 64A-1" of this
Agreement, attached hereto and hereby made a part of this Agreement for all purposes.
Exhibit "A-1" shall replace and supersede Exhibit "A" of the Agreement for all
purposes.
2. All terms in this Amendment that are capitalized but not defined shall have the
meanings assigned to them in the Agreement.
3. All terms and conditions of the Agreement that are
pursuant to this Amendment shall remain in full force and effect.
EXECUTED as of the later date below:
not expressly amended
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02-06-09 A08: 16 IN
Page 1 of 2
Amendment No. 1 to CSC No. 37729
Public Right -of --Way Use Agreement between City of Fort Worth and Texas Midstream Gas Services, LLC
CITY OF FORT WORTH:
By:
Fernando Costa
Assistant City Manager
09
TEXAS MIDSTREAM GAS
SERVICES, L.L.C.:
By:
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky
Assistant City Attorney
M&C: C-230/3 i�Z-D�
Wilkinson
Manager- Midstream Development
Hendrix,
ti��lp �
TY
Page 2 of 2
Amendment No. 1 to CSC No. 37729
Public Right -of -Way Use Agreement between City of Fort Worth and Texas Midstream Gas Services, LLC
i
EXHIBIT 'A -I
Company may only use the following portions of the Public Rights-k) Way in the City:
• Approximately 52 linear feet crossing Old Burleson Road, approximately 1,393
feet south of Risinger.
• Approximately 61 linear feet crossing Oak Grove Road, approximately 1,087 feet
south of Oak Grove Shelby.
• Up to 71 linear feet crossing Race Street, approximately 2,220 Feet south of Oak
Grove Shelby.
• Approximately 63 linear feet crossing McPherson Road approximately 22 feet
east of Race Street.
UARY
WOE, r)(
Amendment No. 1 to CSC No. 37456
Public Right -of --Way Use Agreement between City of Fort Worth and Texas Midstream Gas Services, LLC
Page 1 of 2
• •: • = "
• . • • • •
COUNCIL ACTION: Approved on 9/16/2008
CONTINUED FROM A PREVIOUS WEEK
DATE: Tuesday, September 02, 2008
LOG NAME: 06CHK27
REFERENCE NO.: C-23013
SUBJECT:
Authorize Execution of a Public Right -of -Way Use Agreement Granting Texas Midstream Gas Services,
LLC, a License to Use Certain Public Right -of -Way for the Purpose of Constructing, Maintaining and
Operating a Natural Gas Pipeline Across Old Burleson Road, Oak Grove Road, Race Street, and
McPherson Road
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Public Right -of -Way Use
Agreement with Texas Midstream Gas Services, LLC, to grant a license to use certain public right-of-way
of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline
across Old Burleson Road, Oak Grove Road, Race Street, and McPherson Road.
DISCUSSION:
Texas Midstream Gas Services is constructing a pipeline to connect natural gas wells in south Ford
Worth. The pipeline will cross approximately 52 linear feet at Old Burleson Road, 61 linear feet at Oak
Grove Road, 71 linear feet at Race Street, and 63 linear feet at McPherson Road, at the approximate
locations shown on the attached map (Exhibit 1).
The Transportation and Public Works Department has reviewed the proposed crossings and has no
objections. Neighborhood associations within 1000 feet of the pipeline have been notified of the crossings.
The Public Right -of -Way Use Agreement will give Texas Midstream Gas Services a license to use 247
feet of that specific public right-of-way for limited purpose of operating a natural gas pipeline for a period of
25 years. Texas Midstream Gas Services will pay the City cone -time license fee of $11,115.00 in return
for this privilege. The company will be required to provide bonds and insurance in accordance with the
City's current standard policies. Because Texas Midstream Gas Services is not a public utility, as that term
is defined in Chapter 28 of the City Code, a franchise governing its operations is not required by the City
Charter.
These crossings are located in COUNCIL DISTRICT 8.
FISCAL INFORMATION /CERTIFICATION:
The Finance Director certifies that the Planning and Development Department is responsible for the
collection of funds due to the City under this agreement.
http://apps.cfwnet.org/ecouncil/printmc.asp?id=10184&print=true&DocType=Print 1 /26/2009
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