HomeMy WebLinkAboutContract 42560 CITY SECR RY
CONTRACT NO. 'g'ZS�()
NATURAL GAS PIPELINE LICENSE AGREEMENT
This PIPELINE LICENSE AGREEMENT ("Agreement") is hereby made and
entered into by and between the CITY OF FORT WORTH ("City"), a home rule municipal
corporation organized under the laws of the State of Texas and acting by and through Fernando
Costa its duly authorized Assistant' City Manager, and TEXAS MIDSTREAM GAS
SERVICES, L.L.C., ("Company"), an Oklahoma Limited Liability Company, acting by and
through Dave Johns as Manager, Property Rights.
The following statements are true and correct and constitute the basis upon which the
City of Fort Worth has executed Agreement.
A. Texas Midstream Gas Services, L.L.C., an Oklahoma Limited Liability
Company("Company"), wishes to construct a Six (6") inch nominal diameter pipeline for an
approximate total distance of 35 linear feet within a 20' foot wide right of way corridor for the
transportation of Natural Gas through the portion of property described in Exhibit "A",
hereinafter referred to as "City Property". Because Company is not a public utility, as that term
is used in the City Charter and City Code, and because Company will not be providing services
to end user customers in the City, Company is not required to obtain a franchise from the City,
but is required to obtain the City's consent pursuant to a license agreement that sets forth the
terms and conditions under which Company may use the City Property.
B. The City has reviewed Company's request and agrees to grant Company a license
to use a portion of the subsurface of the City Property as described in Section 6.4 and as further
set out in Exhibit(s) "A" in order to construct, operate and maintain a pipeline, on the terms and
conditions set forth herein, solely for the transportation of Natural Gas and solely in accordance
with the terms and conditions of this Agreement.
Agreement
1. DEFINITIONS.
Capitalized terms used in this Agreement and not otherwise defined within this
Agreement shall have the following meanings:
Affiliate shall mean any individual,partnership, association,joint stock company, limited
liability company, trust, corporation, or other person or entity who owns or controls, or is
owned or controlled by, or is under common ownership or control with, the entity in
question.
Agreement shall mean the authorization issued to Company hereunder to use a portion of
the City Property in the location as set out in Exhibit(s) "A". for (i) the construction,
installation, maintenance and repair of Company's Pipeline; (ii) the use of such Pipeline
NGPLA/MLK/ZIEP15.00 Page 1
FCOFFICIAL RECORD I
CITY SECRETARY
1 1 -17-1 1 A 1 : 3�� I*ORTH'jx
for the transportation of Natural Gas; and (iii) an other y directly related uses of the City
Property,pursuant to and in accordance With this Agreement.
City shall mean the area within the corporate limits of the City f F
ty ort Worth, Texas and
the governing body of the City of Fort Worth, Texas.
City Facility shall mean all incidental underground and aboveground g g ound attachments,
equipment and appurtenances, including, but not limited to manholes manhole- � vents,
lateral
line connections, valves,pipelines,function boxes fire h dran
y ts, meter vaults, I1ft
stations in, upon, under and across a portion of the City
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City Property shall mean that property as limited to and describ ed In Exhibit(s) "A"..
Commission shall mean the Railroad Commission of the
State of Texas or other
authority succeeding to the regulatory powers of the Commission
Company shall mean Texas Midstream Gas Services an Oklahoma
Company, only and shall not include any Affiliate or third .art
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Customer shall mean any Person located, in Whole or in art
p within the City.
Director shall mean the Director of the City's Plannin tY g and Development I]ep artm ant or
authorized representative.
Gas shall mean gaseous fuels, such as natural as artificial as
g � gas, gas, liquefied
natural gas, manufactured gas, or any mixture thereof.
Person shall mean,Without limitation, an individual a corporation, - '
rp ion, a limited liability
company, a general or limited partnership, a sole proprietorship, joint venture p, , a
business trust or any other form or business entity or association.
Pipeline shall mean that certain 6" inch nominal diameter steel pipeline for an
approximate total distance of 35 total linear feet and other facility locations as approved �
by the Director that are installed by Company in the Ci ty Pr operty In accordance With this
s
Agreement and pursuant to the rules and regulations as
g promulgated by the U.S.
Department of Transportation, Office of Pipeline Safe as set out in the
tY� Code of Federal
Regulations, Section 192 as adopted and modified b the Texas '
y s Railroad Commission.
2. GRANT of RIGHTS.
2.1. General Use of The Citv Prove Provertv for Provision of
Gas.
Subject to the terms and conditions set forth in this Agreement g eament and the City
Charter and ordinances, the City hereby ants Company Y g p y a llcensa to erect, construct,
install and maintain the Pipeline consisting n over and •
g er, along and across the City
NGPLAIMLK/ZIEP 15.00 Page 2
g of 20
Property at a depth of no less than 36" and (ii) i
� � transport Gas through the portions of its
Pipeline in, over, under, aloe and across �i •
g City Property as depicted in Exhibit "A".
Company hereby acknowledges and a that '
agrees t this Agreement allows only the
transportation of Gas through the City and does not allow '
company to distribute, sell or
otherwise provide Gas to any Customer.
2.2. Nonexclusive.
This Agreement and all rights anted to •
�' Company herein are strictly
nonexclusive. The City reserves the right to enter into •
g and grant other and future Incenses
and other authorizations for use of the City r •
ty operty to other Persons and entities in
accordance with applicable law and as the Ci ty deems appropriate; provided, however,
that as to the grant of subsequent licenses for use of the City Property that is solely within
the discretion of the pity, if a dispute arises as t '
h p o priority of the use of the pity Property,
the pity will resolve such dispute in �'
. p a manner that does not result in unreasonable
interference with Company's operation of the Pipeline
for the purposes provided for
herein. This Agreement does not establish an r' •
y priority for the use of the City b
Company or by any present or future licensees or y
other permit holders. In the event of
any dispute as to the priority of use of the City Property,petty, the first priority shall be to the
public generally, the second priority to the City in the performance of its various
functions, and thereafter, as between licensees '
and other permit holders, as determined b
the pity in the exercise of its owers including y
p � ng the police power and other owers
y Texas.
reserved to and conferred on it b the State of T p
.
2.3. other Permits.
This Agreement does not relieve Company of •
license p y any obligation to obtain permits,
s and other approvals from the Ci ty or other regulatory agency recess for the
construction, installation, maintenance or �
repair of Company's Pipeline or the
transportation of Natural Gas through such Pipeline.
2.4. Bonds.
Prior to the commencement of an construction
y work in the arty Property, that
requires a cut, opening or other excavation horn •
Company shall deliver to the City
executed by a corporate surety authorized to do business siness in the State of Texas and
acceptable to the City in the proportional p amount of the cost of work under the
construction contract or construction project that will be e '
The bon performed in the pity Property.
bonds shall guarantee (i) satisfactory compliance b
ry p y company with all requirements,
terms and conditions of this Agreement and (ii) full payments to all persons, firms
corporations or other entities with whom Company h '
performance p y as a direct relationship for the
p ce of such construction,maintenance or repairs.
If any such construction, maintenance and repair work is undertaken by a
contractor of Company, Company shall also require •
q such contractor to deliver to
NGPLAIMLKIZIEP 1 5.00
Page 3 of 20
Company bonds executed by a corporate surety authorized to do business in the State of
Texas and acceptable to the City in the proportional amount of the cost of work under the
construction contract or construction project that will be performed by the contractor in
the City Property. The bonds shall guarantee (i) the faithful performance and completion
of all construction, maintenance or repair work in accordance with the contract between
Company and the contractor and (ii) full payment for all wages for labor and services and
of all bills for materials, supplies and equipment used in the performance of that contract.
Such bonds shall name both the City and Company as dual obligees.
3. TERM
This Agreement shall become effective on the date as of which both parties have
executed it(`Effective Date") and shall expire at 11:59 P.M. CST twenty(20)years
from the last date of notarial acknowledgement unless terminated earlier as provided
herein.
4. FEES AND PAYMENTS TO CITY.
4.1. License Use Fee.
On or prior to the Effective Date, Company shall pay the City as compensation
for its use of the City Property for the Term of this Agreement the sum of One Thousand
Six Hundred Fifty-three dollars Seventy-five cents ($1,653.75) ("License Fee").
Company hereby acknowledges and agrees that the amount of this License Fee is non-
refundable and constitutes just and reasonable compensation to the City for Company's
use of the City Property.
4.2. Other Payments.
In addition to the License Fee, Company shall pay the City all sums which may be
due the City for property taxes, license fees, permit fees, or other tames, charges or fees
that the City may from time to time impose on all other similarly situated entities within
the City.
4.3. Interest.
All sums not paid when due shall bear interest at the rate often percent (10%)per
annum or the maximum amount allowed by law, whichever is less, computed monthly. If
such outstanding sums are paid with interest within thirty (3 0) days following their
respective due dates, Company's failure to pay such sums by their respective due dates
shall not, in and of itself, constitute an Event of Default under Section 9 of this
Agreement.
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Page 4 of 20
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5. REGULATORY AUTHORITY OF THE CITY.
Company's property and operations hereunder shall be subject to such regulation
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by the City as may be reasonably necessary for the protection or benefit of the general
public. In this connection, Company shall be subject to, governed by and shall com p
ly
with all applicable federal, state and local laws, including all ordinances rules
. g and
regulations of the City, as same may be adopted and amended from time to time.
5. USE OF THE CITY PROPERTY.
6.1. Com fiance with Laws Ordinances Rules and Regulations.
The City has the right to control and regulate the use of the City Property, Public
Rights of Way, public places and other City-owned property y and the spaces above and
beneath them. Company shall comply with all applicable laws ordinances
, rules and
regulations, including, but not limited to, City ordinances, rules and olicies related ted to
construction permits, construction bonds, permissible hours of construction operations
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during peak traffic hours, barricading requirements and an other construction
. y rules or
regulations that may be promulgated from time to time.
6.2. No Undue Burden.
The Pipeline shall not be erected, installed, constructed repaired, laced
p replaced or
maintained in any manner that places an undue burden on the resent or future use of
p the
City Property by the City and the public. If the Ci ty reasonably determines that the
Pipeline does place an undue burden on any portion of the City y Company, at
Company's sole cost and expense and within a reasonable time eriod specified ed
p p by the
City, shall modify the Pipeline or take other actions determined b the City ty to be in the
public interest to remove or alleviate the burden.
5.3. Notice
Prior to the undertaking of any kind of construction installation maintenance,
repairs or other work that requires the excavation, lane closure or other p h y sical use of
the City Property, Company shall, except for work required to address an
q emergency,
provide at least twenty-four(24} hours' advance Written notice to the City and the
. ty owners
of property adjacent to the City Property that will be affected. In the case of emergencies
Company shall provide notice to the affected landowners within twenty-four (24). . ty hours
after commencement of work. In addition, during an such work Company shall
. y p y all provide
construction and maintenance signs and sufficient barricades at work sites to p rotect the
public.
NGPLAIMLKIZIEPI5.00 Page 5 of 20
6.4 Minimal Interference.
Company will take all reasonable planning to minimize harm to the City Property
and shall comply with conditions as set forth below:
6.4.1. Company shall coordinate and participate in a preconstruction meeting with
the City of Fort Worth Planning and Development Director, or the Director's designee, to
evaluate and address any issues or concerns at least seven calendar days prior to the start
of construction. Company must provide video media of the Property to document the
condition of the Property prior to installation of the Pipeline at the time of the
preconstruction meeting. Within thirty (30) days of completion of the installation of the
Pipeline Company shall provide video media of the Property documenting the condition
of the Property.
6.4.2. Company shall not have access to the surface of the Property for storage
or any other purpose.
6.4.3 Except for pipeline markers and cathodic protection appurtenances,
Company shall not have the right to place permanent above ground facilities on Property.
6.4.4. Company shall have the right to bore as shown in Exhibit"A".
6.4.5. Appropriate erosion control measures must be implemented during
construction.
6.4.6. The use of traffic control devices shall be consistent with the standards
and provisions of Part VI of the Texas Manual on Uniform Traffic Control Devices.
Company shall utilize appropriate warning lights at all construction and maintenance
sites where one or more traffic lanes are closed or obstructed during nighttime conditions.
6.4.7 If during the course of construction contaminated material is encountered
Company shall notify the City of Fort Worth, Environmental manager or Environmental
Management Department no later than one (1) business day after discovery. The
Company will be held responsible for disposing all materials as required Federal, State
and Local regulation in an appropriately permitted landfill or waste disposal system.
6.4.7.1 If during the course of construction a landfill is
encountered, all construction activities shall be performed in such a way that
would be protective of the Property and be performed in such a way that would
prevent the migration of any fugitive landfill emissions along the utility corridor
constructed in the City Property.
6.4.8. Company shall have right from time to time to cut undergrowth and other
obstruction within the license tract as described on Exhibit"A". Company shall also have
the ability to remove any trees within the License Tract with the written approval of the
City.
NGPLA/MLK/ZIEPI5.00 Page 6 of 20
6.5. "As-Built"Plans and
Company, at Company's sole cost and expense, shall provide the City with as-
built plans of all portions of the Pipeline located in the City and the City's extraterritorial
jurisdiction and maps showing such Pipeline within ninety (90) calendar days following
the completion of such Pipeline. Company shall supply the textual documentation of
such as-built plans and maps in computer format as requested in writing by the City and
shall otherwise fully cooperate with the City in ensuring that the Pipeline is accurately
reflected in the City's mapping system.
6.6. Specifications of the Pipeline
The Company shall erect, install, construct, repair, replace and maintain the
Pipeline pursuant to this Agreement, Chapter 15 of the City Code and all other state and
federal laws. The Pipeline shall not exceed the size and specifications stated herein and
further set out in Exhibit "A" and be placed at a depth of no less than 3 6 inches
throughout the entire length of the City Property, however, if the Pipeline within City
Property will be crossing any existing City Facility, the Pipeline must cross the City
Facility at a not less than a 70 degree angle and be buried at a minimum of 60 inches
below the bottom of the lowest City Facility. Notwithstanding the foregoing statements,
should Company require varying from the above requirements, such variance shall
require City evaluation of the respective variance to depth or proposed angle of crossing
to determine the practicability of such request. Furthermore, if the Pipeline within the
City Property crosses a 16-inch or greater water or sanitary sewer facility, an emergency
response plan must be included. The emergency response plan shall be submitted to the
City of Fort Worth Water Department prior to the commencement of the installation of
the Pipeline and shall establish written procedures sub j ect to the approval of the City of
Fort Worth Water Department to minimize any hazard resulting to any City Facility.
6.7. Markina of Pipeline.
The Pipeline shall be marked, in a manner that is acceptable to the Director and in
compliance with Federal Regulations, to show conspicuously Company's name and a
toll-free telephone number of Company that a Person may call for assistance.
6.8. Excavation.
The City shall have the right to coordinate all excavation work in the City
Property in a manner that is consistent with and convenient for the implementation of the
City's program for property management in order to preserve the integrity of the City
Property.
NGPLAIMLK/ZIEP 15.00 Page 7 of 20
6.9. Relocation of Pipeline.
Within forty-five (45) calendar days following a written request by the City,
Company, at Company's sole cost and expense, shall protect, support, disconnect or
relocate to another portion of the City Property all or any portion of its Pipeline due to
street or other public excavation, construction, repair, grading, regrading or traffic
conditions; the installation of sewers, drains, water pipes or municipally-owned facilities
of any kind; the vacation, construction or relocation of streets or any other e of
. type
structure or improvement of a public agency; any public work; or any other type of
improvement necessary, in the City's sole discretion, for the public health, safety or
welfare. If Company reasonably requires more than forty-five (45) days to comply with
the City s written request, it shall notify the director of the City's Plannin g and
Development Department in writing and the City will work in good faith with Company
p y
to negotiate a workable time frame.
6.10. Restoration of the Citv Prove Provertv, Public Ri hts-of-Wa and Public/Private
Pro e .
Company, at Company's sole cost and expense, and in a manner approved by the
City, shall promptly restore any portion of the City Property, Public Rights of Way, other
City-owned property or other privately-owned property that are in any way disturbed or
damaged by the construction, operation, maintenance or removal of any of the Pipeline
to, at Company's option, as good or better a condition as such property was in
immediately prior to the disturbance or damage. Company shall diligently commence
such restoration within thirty (30) calendar days following the date that Company first
p y
became aware of the disturbance or damage or, if the Pipeline is being removed, within
thirty (30) calendar days following such removal.
6.11. Emergency Procedures
6.11.1. For purposes of this Section, a public emergency shall be any condition
which, in the opinion of the officials specified herein, poses an immediate threat
to life, health or property and is caused by any natural or man-made disaster,
including, but not limited to, storms, floods, f res, accidents, explosion, water
main breaks and hazardous materials spills. In the event of a public emergency,
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the City shall have the right to take whatever action is deemed appropriate by the
City Manager, Mayor, Police Chief or Fire Chief, or their authorized
representatives, including, but not limited to, action that may result in damage to
the Pipeline, and Company hereby (i) releases the City, its officers, agents,,
servants, employees and subcontractors from liability or responsibility for any
Damages, as defined in this Agreement, that may occur to the Pipeline or that
Company may otherwise incur as a result of such a response, and (ii) agrees that
Company, at Company's sole cost and expense, shall be responsible for the repair,
relocation or reconstruction of all or any of its Pipeline that is affected b such
. y
action of the City.
NGPLAIMLKIZIEP 15.00 Page 8 of 20
In responding to a public emergency, the City agrees to comply with all
local, state and federal laws, including any requirements to notify the Texas One
Call System, to the extent that they apply at the time and under the circumstances.
In addition, if the City takes any action that it believes will affect the Pipeline, the
City will notify Company as soon as practicable so that Company may advise and
work with the City with respect to such action.
6.11.2. The Company shall maintain written procedures to minimize the hazards
resulting from an emergency. These procedures shall at a minimum provide for
the prompt and effective response to emergencies, including, but not limited to,
leaks or releases that can impact public health safety or welfare; fire or explosions
at or in the vicinity of the Pipeline, natural disaster; effective means to notify and
communicate required and pertinent information to local fire, police and public
officials during an emergency; the availability of personnel, equipment, tools and
materials as necessary at the scene of an emergency; measures to be taken to
reduce public exposure to injury and probability of accidental death or
dismemberment; emergency shut down and pressure reduction of a Pipeline; the
safe restoration of service following an emergency or incident; and follow-up
incident investigation to determine the cause of the incident and require the
implementation of corrective measures.
6.11.3. Upon the discovery of an emergency, the Company shall immediately
communicate to the City's 911 system and the Planning and Development
Department designee the following information:
a. A general description of the emergency;
b. The location of the emergency or incident;
C. The name and telephone number of the person reporting the
emergency;
d. whether or not any hazardous material is involved and
identification of the hazardous material so involved; and
e. Any other information as requested by the emergency dispatcher or other
such official at the time of reporting the emergency or incident
6.12. Removal of Pipeline.
Upon the revocation, termination or expiration without extension or renewal of
this Agreement, Company's right to use the City Property under this Agreement shall
cease and Company shall immediately discontinue the transportation of Gas in or through
the City. within six (6) months following such revocation, termination or expiration and
if the City requests, Company, at Company's sole cost and expense, shall remove the
Pipeline from the City Property (or cap the Pipeline, if consented to by the City), in
accordance with applicable laws and regulations. If Company has not removed all of the
Pipeline from the City Property, (or capped the Pipeline, if consented to by the City)
NGPLAIMLKIZIEP l 5.00 Page 9 of 20
within six (6) months following revocation, termination or expiration of this Agreement,
the City may deem any portion of the Pipeline remaining in the City Property abandoned
and, at the City's sole option, (i) take possession of and title to such property or (ii) take
any and all legal action necessary to compel Company to remove such property;
provided, however, that Company may not abandon its facilities or discontinue its
services within the City without the approval of the Commission or successor agency or
any other regulatory authority with such jurisdiction.
Within six (6) months following revocation, termination or expiration of this
Agreement and in accordance with Section 6.10 of this Agreement, Company shall also
restore any property, public or private, that is disturbed or damaged by removal (or, if
consented to by the City, capping) of the Pipeline. If Company has not restored all such
property within this time, the City, at the City's sole option, may perform or have
performed any necessary restoration work, in which case Company shall immediately
reimburse the City for any and all costs incurred in performing or having performed such
restoration work.
7. LIABILITY AND INDEMNIFICATION.
7.1. Liability of Company.
Company shall be liable and responsible for any and all damages, losses,
liabilities Ooint or several), payments, obligations, penalties, claims, litigation, demands,
defenses,judgments, lawsuits, proceedings, costs, disbursements or expenses (including,
without limitation, fees, disbursements and reasonable expenses of attorneys, accountants
and other professional advisors and of expert witnesses and costs of investigation and
preparation) of any kind or nature whatsoever (collectively "Damages"), which may
arise out of or be in any way connected with (i) the construction, installation, operation,
maintenance or condition of the Pipeline or any related facilities or appurtenances; (ii)the
transportation of Gas through the Pipeline; (iii) any claim or lien arising out of work,
labor, materials or supplies provided or supplied to Company, its contractors or
subcontractors; or (iv) Company's failure to comply with any federal, state or local law,
ordinance, rule or regulation, except to the extent directly caused by the negligent or
grossly negligent act(s) or omission(s) or intentional misconduct of the City.
COMPANY HEREBY ASSUMES ALL LL4BILIT Y AND RESPONSIBILITY
FOR PROPERTY LOSS, PROPERTY DAMAGE ANDIOR PERSONAL INJURE OF
ANY FIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND
OR CHARACTER, WHETHER REAL OR ASSER TED, ARISING OUT OF OR IN
CONNECTION WITH ITS USE OF THE PREMISES UNDER THIS AGREEMENT
OR WITH THE USE, MAINTENANCE, OCCUPANCY, EXISTENCE OR
LOCA TION OF THE PREMISES, EXCEPT TO THE EXTENT CAUSED SOLELY
BY THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY.
NGPLAIMLKIZIEP 15.00 Page 10 of 20
7.2 Indemnification.
COMPANY, A T COMPANY'S SOLE COST AND EXPENSE SHALL
INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS BOARDS
COMMISSIONS, AGENTS, EMPLOYEES AND VOLUNTEERS
CYNDEMNITEES-99,, FROM AND AGAINST ANY AND ALL DAMAGES WHICH
MAY ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH (1) THE
CONSTRUCTION, INSTALLATION, OPERA TION, MAINTENANCE OR
CONDITION OF THE PIPELINE OR ANY RELATED FACILITIES OR
APPURTENANCES; (II) THE TRANSPORTATION OF GAS THROUGH THE
PIPELINE; (III) ANY CLAIM OR LIEN ARISING OUT OF WORK LABOR
MATERIALS OR SUPPLIES PROVIDED OR SUPPLIED TO COMPANY ITS
CONTRACTORS OR SUBCONTRACTORS; OR (119 COMPANY'S FAILURE TO
COMPL Y WITH ANY FEDERAL, STATE OR LOCAL LA W, ORDINANCE RULE
OR REGULATION, EXCEPT TO THE EXTENT DIRECTLY CAUSED BY THE
NEGLIGENT A CT(S) OR OMISSIONS) OR INTENTIONAL MISCONDUCT OF
THE CITY.
7.3 AssumiDtion of Risk and Environmental Remediation.
COMPANY HEREBY REPRESENTS TO THE CITY THAT i COMPANY
HAS FULLY INSPECTED THE PREMISES; (ii} COMPANY IS SATISFIED WITH
THE CONDITION OF THE PREMISES;AND (iii} COMPANY HAS BEEN FULLY
ADVISED OF ITS OWN RIGHTS WITHOUT RELIANCE UPON ANY
REPRESENTATION MADE BY THE CITY, ITS OFFICERS AGENTS
SER PANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS
COMMISSIONS, BOARDS OR VOLUNTEERS. COMPANY HEREBY
UNDERTAKES AND ASSUMES, FOR AND ON BEHALF OF COMPANY ITS
OFFICERS,AGENTS, CONTRACTORS, SUBCONTRACTORS AND EMPLOYEES
ALL RISK OF DANGEROUS CONDITIONS, IF ANY
PREMISES. ON OR ABOUT THE
ALTHOUGH TO THE BEST OF THE CITY'S Ij7VOWLEDGE THE
PREMISES COMPLY WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL
ENVIRONMENTAL LAWS AND REGULATIONS (COLLECTITVEL Y
"ENVIRONMENTAL LAWS'}, THE CITY DOES NOT WARRANT SUCH
COMPANY HEREBY COVENANTS AND AGREES THAT COMPANY AT ITS SOLE
COST AND EXPENSE, SHALL BE FULL Y RESPONSIBLE FOR THE VIOLA TION
OF ANY ENVIRONMENTAL LAWS CAUSED, IN WHOLE OR IN PART BY
COMPANY,ITS OFFICERS,A GENTS,SER PANTS,EMPL OYEES CONTRACTORS
,
SUBCONTRA CTORS OR INVITEES, AND ANY REMEDIA TION THA T MA Y BE
REQUIRED AS A RESULT OF SUCH VIOLATION, EXCEPT TO THE EXTENT
CA USED BY THE CITY
NGPLAIMLKIZIEPI5.00 Page I Z of 20
7.4. Defense of In d emnitees.
In the event any action, lawsuit or other proceeding is brought against any
Indemnitee by reason of any matter for which the Indemnitees are indemnified hereunder
3
the City shall give Company prompt written notice of the makin g any claim or
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commencement of any such action, lawsuit or other proceeding, and Company, at
Company's
pangs sole cost and expense, shall resist and defend the same with reasonable
participation by the City and with legal counsel selected by Company and specifically
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approved by the City. In such an event, Company shall not admit liability in an matter
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on behalf of any Indemnitee without the advance written consent of the City.
8. INSURANCE.
Company shall procure and maintain at all times, in full force and effect, a olio
p Y or
policies of insurance to provide coverages as specified herein, namin the City tY as an
additional insured and covering all public risks related to the use, occupancy, condition
maintenance, existence or location of the City Property and the construction,including the transportation
through the P
operation, maintenance or condition of the Pipeline, ortation of Gas'
Pipeline. The insurance required hereunder may be met by a combination of
self-insurance,primary and excess policies.
8.1. Primary Liabili Insurance Covers e.
■ Commercial General Liabili :
$1.,000.,000 per occurrence, including coverage for the followin g (i) Premises
Liability; (ii) independent contractors; (iii) products/completed operations; (iv)
personal injury; (v) contractual liability; (vi) explosion, collapse and
underground property damage.
• Pie Damage Liabil_„ity:
$10,000.,000 per occurrence
• Automobile Liabili :
$1,000,000 per accident, including, but not limited to, all owned, leased hired or
3
non-owned motor vehicles used in conjunction with the rights granted under this
Agreement
■ worker's Compensation:
As required by law; and,Employer's Liability as follows:
$1,000,000 per accident.
NGPLAIMLKIZIEPI5.00 Page 12 of 20
8.2. Revisions to Re wired Covera e.
At the reasonable recommendation of the City's Risk Manager,the City may at any
time revise insurance coverage requirements uirements and limits required by this Agreement.
q
' (30) da s of receipt of written nonce from the City,
Company agrees that within thirty y f
l such revisions requested by the City. The policy or policies o
Company will implement al q n but
insurance shall be endorsed to provide that no material changes in coverage, including
• termination,non-renewal or amendment, shall be made without
not limited to, cancellation,to
thi rty(3 0)days' prior written notice to the City.
8.3. Underwriters and Certificates.
and maintain its insurance with underwriters authorized to
Company shall procure
do business in the State of Texas and who are acceptable to the City in t erms of solvency
following adoption of this and financial strength. within thirty (30) da s Agreement by the y .
• furnish the City with certificates of insurance signed by the
City Council, Company shall furnl ty roof that it has obtained the types and amounts of insurance
respective companies as p
addition, Company coverage required herein. In ad p y shall, on demand, provide the City with
evidence that it has maintained such coverage in full force and effect.
8.4. Deductibles.
ed retention limits on any line of coverage required herein
Deductible or self-insured
shall not
exceed $1,000,000 in the annual aggregate unless the limit per occurrence, or per
line of coverage,or aggregate is otherwise approved by the City.
8.5. No Limitation of Liabili
insurance requirements The i set forth in this Section 8 and any recovery by the City
f an i policy required under this Agreement shall in no way
of any sum by reason o y insurance p ili to the City or other
be construed
or effected to limit or in any way affect Company's liability ty
persons as provided by this Agreement or lave.
9. DEFAULTS.
time during the term of this Agreement of one or more of
The occurrence at any ti g
the following
events shall constitute an"Event of Default"under this Agreement:
9.1. Failure to Pay License Fee
An Event of Default shall occur if Company fails to pay any License Fee on or
before the respective due date.
NGP
LAIMLKIZIEP 15.00 Page 13 of 20
9.2. Breach.
An Event of Default shall occur if Company materially breaches or violates any
of the terms, covenant s, representations or warranties set forth in this Agreement or fails
to perform any obligation required by this Agreement.
9.3. Bankruptcy,Insolvenc or Receivership.
An Event of Default shall occur if Company (i) files a voluntary petition in
bankruptcy; (ii) a is djudicated insolvent; (iii) files any petition or fails to contest any
y, adjudicated
petitio n filed against it seeking any reorganization, arrangement, composition,
q
readjustment,
liquidation, dissolution or similar relief for itself under any laws relating to
bankruptcy, insolven c y or other relief for debtors; (iv) seeks, consents to or acquiesces in
the appointment of an trustee, receiver,master, custodian or liquidator of Company, any
of Company's p rop e rty or revenues, issues, earnings or profits thereof; (v) makes an
any
assignment for the benefit of creditors; or (vi) fails to pay Company's debts generally as
they become due.
9.4. Violations of the Law.
An Event of
Default shall occur if Company violates any existing or future federal,
state or local laws or an existing or future ordinances,rules and regulations of the City.
9.5 Failure to Complete Construction
An Event of Default shall occur if Company fails to complete construction of the
Pipeline within one(1)calendar year from the execution of this Agreement.
10. UNCURED DEFAULTS AND REMEDIES.
10.1. Notice of Default and Opportuni to Cure.
If an
Event of Default occurs on account of Company's failure to pay the License
Fee in accordance
with Section 9.1 or failure to complete construction of the Pipeline in
accordance with Section 9.5 such Event of Default shall be deemed an Uncured Default
the City shall have the right to terminate this Agreement immediately upon provision
and �
of written notice to Company. If an Event of Default occurs for a reason other than for
License Fee the City shall provide Company with written notice and
failure to pay the Lic tY
shall give Company opportunity Com an the o ortunity to cure such Event of Default. For an Event of
Default which can be cured b the immediate payment of money to the City, Company
thirty (30)shall have thi da s from the date it receives written notice from the City to cure
y
the Event of Default. For an other Event of Default, Company shall have sixty (60)
days from the date
it receives written notice from the City to cure the Event of Default. If
ult is not cured within the time period specified herein, such Event of
any Event of Defa
NGPLAIMLKIZIEP 15.00 Page 14 of 20
Default shall, without further notice from the City, become an "Uncured Default" and
City immediately may exercise the remedies provided in Section 10.2.
the ty y y
10.2. Remedies for Uncured Defaults.
Upon the occurrence of an Uncured Default, the City shall be entitled to exercise,
at the same time or at different times, an y of the following remedies, all of which shall be
cumulative of and without limitation to any other rights or remedies the City may have:
10.2.1. Termination of Agreement.
Upon t he occurrence of an Uncured Default, the City may terminate this
Upon Agreement.
U on such termination, Company shall forfeit all rights granted to it
Agreement, and except as to Company's unperformed obligations and
under this Agre p
existing liabilities s as of the date of termination, this Agreement shall
automatically ll be deemed null and void and shall have no further force or effect.
Company shall remain obligated to pay and the City shall retain the right to
receive License Fees and an other payments due up to the date of termination.
Company shall remove the Pipeline from and restore the City Property as and
when requested e
ed b the City. The City's right to terminate this Agreement under
ty
this Section 10.2.1 does not and shall not be construed to constitute any kind of
limitation on the City's right to terminate this Agreement for other reasons as
provided by
and in accordance with this Agreement; provided, however, that
Company m a y not abandon the Pipeline without the approval of the Commission
or successo r agency or other regulatory authority with jurisdiction, if such action
without such h approval is prohibited at the time by applicable federal or state law
or regulation.
10.2.2.Le al Action A ainst Com an
Upon the occurrence of an Uncured Default, the City may commence against Company an action at law for monetary damages or n equity, for
p an y i
injunctive specific relief or s ific p erformance of any of the provisions of this
Agreement which, as a matter of equity, are specifically enforceable.
11. PROVISION OF INFORMATION
11.1. Filings with the Commission.
Company sh all p upon provide u request copies to the City of all documents which
q
Company files
with or sends to the Commission concerning or related to its
transportation of G g p
Gas through or other operations in the City, including, but not limited
to (i) tariffs- (ii) rules, regulations and policies requested, under
to, filings related �
cons approved consideration or a d b the Commission; and (iii) applications and any supporting
y
pre-file d testimon y and exhibits filed by Company or third parties on behalf of Company,
NGPLACMLK/ZIEP 15.00 Page 15 of 20
e date as such films are made with the Commission. In addition, Company
on the same g
City upon request shall provide the u with copies of records, documents and other filings
fired to maintain or supply that Company is required ply to the Commission under any applicable p
state or federal law, rule regulation concerning or related to its transportation of Gas
ru or re g
through or other operations in the City.
11.2. Lawsuits.
Company shall provide the City with copies of all pleadings in all lawsuits to
is a and that pertain to the granting of this Agreement and/or the
which Company party p
transportation of Ga s through the City within thirty (30) days of Company's receipt of
g tY
same.
12. COMPANY AS INDEPENDENT CONTRACTOR.
expressly understood and agreed that Company shall operate as an independent
It is exp y �'
or as to all rights d privileges granted by this Agreement, and not as an agent,
contract �is an p
representative employee ntative or em to ee of the City. Company shall have the exclusive right to control
the details of it other s business and oth operations necessary or appurtenant to the transportation
of Gas in accordance with the terms and conditions of this Agreement, and shall be solely
responsible for the acts and omissions of its officers, agents, servants, employees,
contractors and subcontractors. Company acknowledges that the doctrine of respondeat
superior shat
1 not apply as between the City and Company, its officers, agents, employees,
contractors and subcontractors. Company further agrees that nothing herein shall be
ed as the creation of a partnership or joint enterprise between the City and Company.
construed P
13. ASSIGNMENT PROHIBITED.
y assign Company may not assi or otherwise transfer any of its rights or obligations under
this Agreement specifically unless s ecificall authorized in writing by the City, which authorization
shall not be unreasonably easonabl withheld; provided, however, that Company may make such an
rights assignment of its ri is to an affiliated company without the consent of City, provided, that
upon such assignment, Company ent Com shall notify City within sixty (60) days of said
y
assignment.nment. An`affiliated company' shall mean any parent,subsidiary or sister company or
other legal entity that controls,is controlled by, or is under common control with Company.
For purposes of this clause, `control' means direct or indirect ownership of fifty percent
re of the voting rights of the subject entity. Notwithstanding such an
(50%) or more g y
assignment company,to an affiliated com , Company shall remain liable to City for any failure to
er b the affiliated assignee,and this provision shall thereafter be applicable
perform hereunder y �
to Company and such affiliated assignee.
14. NOTICES.
required pursuant to the provisions of this Agreement shall be conclusively
Notices q p P
determined to have been delivered when (i) hand-delivered to the other party, its agents,
NGPLAIMLK/ZIEP 15.00 Page 16 of 20
employees, servants o r representatives, or (ii) received by the other party by United States
Mail,postage osta a p re aid,return receipt requested,addressed as follows:
p
To
THE CITY: To THE COMPANY:
• Texas Midstream Gas Services L.L.C.
City of Fort Worth
Land Agent Attention: Dave Johns,Manag er Property p rty Ri g hts
1000 Throckmorton 100 Energy Way
Fort Worth Tx 76102 Fort Worth,TX 76102
with a copy to: with a copy to:
City of Fort Worth
Texas Midstream Gas Services L.L.C.
Department of Law c/o CT Corporation
Attn:Attorne y for Real Property 350 North St.Paul Street
1000 Throckmorton Dallas, Tx. 75201
Fort Worth,TX 76102
15. NON-DISCRIMINATION COVENANT.
Company shall not discriminate against any person on the basis of race, color,
handicap, sexual orientation or familial status in the receipt of
national origin,religion, p>
b Company's benefits from Com an 's business operations, in any opportunities for employment ent with
Company or in the construction or installation of the Pipeline.
P y
16. NO WAIVER.
e City insist upon the performance of any term or provision of
The failure of th ty to p .
nt or to exercise an rights that the City may have,either under thus Agreement
this Agreement y �
or the law,
shall not constitute a waiver of the City's right to insist upon appropriate
performance or to assert any such right on any future occasion.
17. GOVERNING LAW AND VENUE.
t shall be construed pursuant to and in accordance with the laws of
This Agreement P
the United States of America and the State of Texas. If any action,whether real or asserted,
se out of the terms of this Agreement, Company's transportation of
at law or in equity, arise � or such action shall lie
Natural Gas or Company's use of the City Property, venue f
exclusively in
state courts located in Tarrant County, Texas or the United States District
Court for the Northern District of Texas,Fort Worth Division.
NGPLAIMLKIZIEP l 5.00 Page 17 of 20
1 S. CONFERENCES.
nest of either the City or Company, the City and Company shall meet at
At the request � n p
reasonable
times and upon reasonable notice to discuss any aspect of this Agreement,
Company s Pipeline, Company's operations in the City, Company's transportation of
p an y p
Natural Gas or Company's use of the City Property.
19. SEVERABILITY.
If any provision of this Agreement is held to be invalid,illegal or unenforceable by a
final court of competent jurisdiction, the validity, legality and
nal order entered by p .
' " the remaining provisions shall not in any way be affected or impaired. For
enforceability of g p that all available
purposes of this Agreement, a court order shall be final only to the extent .
remedies pertaining to such order,including,without limitation all available
legal rights and remed p g City and Company agree that the shall
have been exhausted. In such an event,the y
appeals,
amend or have amended this Agreement to comply with such final order entered by a court
of competent jurisdiction.
24. FORCE MAJEURE0
In the eve Company's event Com ' performance of any of the terms, conditions or obligations
y s
required by this Agreement A eement is prevented by a cause or event that is not within Company's
om an 's non-performance shall be deemed excused for the period of
reasonable control, C p y p such ina ty. include,bili . Causes or events that are not within the Company's control shall ,
but
not be limited to, acts
of God strikes sabotage,riots or civil disturbances, failure or loss of
utilities,explosions and natural disasters.
21. HEADINGS NOT CONTROLLING.
Headings and titles, other than those captions in Section 1, that are used in this
r reference purposes only and shall not be deemed a part of this
Agreement are for p�'p
Agreement.
22. ENTIRETY OF AGREEMENT.
Agreement, including the schedule of exhibits attached hereto and any
This gr g .
rated herein b reference, contains the entire understanding and
documents incorporated y
agreement between the City d Company as to the matters contained herein. Any prior or
p
contemporaneous raneous oral or written agreement is hereby declared null and void to the extent in
CO11f11Ct With the terms and conditions of this Agreement. This Agreement shall not be
agreed to in writing b both parties and approved by the City Council of the
amended unless agr g y
City.
NGPLAIMLKIZIEP 15.00 Page 18 of 20
EXECUTED as of the later date below:
CITY of FORT NORTH.
TEXAS MIDSTREAM GAS SERVICES L.L.C.
By:
-- - - 4 ;� B -�
Assistant City Manager
ohns, anager Property Rights
Date: 14 Date:
f 01
APPROVED AS To FORM AND LEGALITY:
Attester by:
# ' A j
By. ,
Assistant City ttorney .
Marty Hendrix, City Secretary
47 0. r i��
M&C.
*'1401 0
Q
0
0
` 0 0 d
°aa 0o° A'
NGPLAIMLKIZIEP 15.00 Page 1 FI&PICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
ACKNOWLEDGEMENTS
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME,the undersigned,d Notary Public,on this day personally appeared Fernando Costa,
a ry
Assistant City Manager of the City Ci of Fort Worth, a home-rule municipal corporation of the State of
Texas,known to me to be the person whose name is subscribed to the foregoing instrument and,that(s)he
has
executed the same for the purposes and consideration therein expressed.
EN UNDER MY HAND AND SEAL OF OFFICE this day of
2011.
G IV P . x...;AGOCK
S ?t, ,.ion Exp=
F2'2014 L Notary Public in and for the' State of Texas
M y Commission Expires:
�C r
i' 1{_ �� �C=L Print Name of Notary Public Here
THE STATE OF OKLAHOMA §
COUNTY OF OKLAHOMA §
BEFORE ME, the undersigned,ned a Notary Public, on this day personally appeared
e Rights, on behalf of Texas Midstream Gas Services L.L.C., an
Dave Johns, as Manager Property gh �
Oklahoma Limited Liability Company, known to me to be the person whose name is subscribed to the
foregoing instrument and,
that she has executed the same for the purposes and consideration therein
expressed. 4
GIVEN UNDER MY HAND AND
SEAL OF OFFICE this day of A kLe�� 2 0 1]
[SEAL]
------------e4ot�4
EVQNIA DANIEL$
MY COMMISSION EXPIRES otary Public in and for the
•.,;Rr.. ;: Jug 100 2013 State of
My Commission Expires:
Print Name of Notary Public Here
NGPLAIMLK/ZIEP 15.00 Page 21)64FICIAL RECOHO
CITY SECRETARY
FT.WORTH,TX
EXHIBIT-
/+0 -
4"IRF RVEY 4' p
3/ R� �� ,�
(CM) HILL'A . 715
G.�• AC-� No
ABS TR
N44*43'22'W
115.93` 4.t '
TX-TARR-ZIEP-0I5.0O .jr 0
MA 1 NDER �
t RE \ .rp
LOT 3, BLOCK 10 o,�•
TRUEACRES
VOL. 388-P, PG. 82 '
P.R.T.C.T
FORT WORTH .
C 1 TY OF �
INSTRUMENT NO. D208418101
♦ D.R.T.C.T.
(REMAINDER) 20' WIDE
LOT 1 LICENSE AREA
(REMAINDER}
LOT 2 CL LENGTH = 35
•••
0.016 AC.
(692 SQ. FT.
PERMANENT
....... .....
EASEMENT BY ...... ......
....... ..... .
........... ...
SEPARATE .....
PLACE OF.......... .......
...................
INSTRUMENT ...................
BEGINNING
..................
. ...............
::.................
..�..
L1
159 LEY
RIGHT—OF—WAY
t ♦ S45°O9'34 E
BLOCK 10 PERMANENT 116.59
TRUEACRES t `
82 EASEMENT BY
VOL. 388-P, PG• SEPARATE
P.R.T.C.T. INSTRUMENT
LOT 27 (REMAINDER)
LOT 28 LOT 26
LINE TABLE 3/40 IRF
LINE BEARING DIST � (CM)
(REMAINDER)
L I S89°20'34'W 27.84 LOT 25
L2 N44043-22"W 14.64
L3 NOO 030`02'W 28.68
L4 S44 043'25'E 54.55
r OTT
(1) ALL BEARINGS SHOWN HEREON PLANE
CORRELATED TO THE TEXAS ZONE
COORDINATE SYSTEM, NORTH BY FIELD
4202, NAD OF 1983, AS DERIVED OF
OBSERVATIONS UTILIZING THE RTK NETWORK
ADMINISTRATED BY WESTERN ERN DATA SYSTEMS.
(2) TITLE INFORMATION PROVIDED BY TEXAS •
Mll)'-TREAM GAS SERVICES, L.L.C. GREGG A. E. rnKlTRnI I ttir MONUMENT
EXHIBIT
FIELD NOTES — DESCRIPTION
20' WIDE LICENSE AREA
ND LOCATED IN THE C.T. HILLIARD SURVEY, ABSTRACT No. 715,
BEING A TRACT OF LA TRUEACRES AN
ARRANT COUNTY, TEXAS, BEING A PORTION OF LOT 3, BLOCK 10t ' VOLUME
T RECORDED IN
ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS,
RECORDS, TARRANT COUNTY, TEXAS (P.R.T.C.T.)t A PORTION OF A
388—P, PAGE 82, PLAT WORTH, RECORDED IN TO THE CITY OF FORT
TRACT OF LAND DESCRIBED IN A DEED INSTRUMENT NUMBER D2084181011 DEED RECORDS, TARRANT COUNTYP TEXAS, D.R.T.C.T.),
AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS.
BEGINNING AT A POINT,
BEING THE EAST CORNER OF SAID CITY OF FORT WORTH TRACT,
THE INTERSECTION OF
THE NORTH RIGHT—OF—WAY LINE OF A 15 FOOT WIDE ALLEY, AND
THE SOUTHWEST
RIGHT—OF—WAY LINE OF U.S. HIGHWAY 287 (MARTIN LUTHER KING
WIDTH RIGHT—OF—WAY), FROM WHICH A 3/4 IRON ROD
JUNIOR FREEWAY) (VARIABLE FOUND BEARS S 45009134" ROD BEING IN THE SOUTHWEST E, 116.59 FEET, SAID IRON OF SAID BLOCK
RIGHT—OF—WAY LINE OF SAID HIGHWAY 287, THE EAST LINE OF LOT 25
10, AND THE WEST LINE OF LOT 24 OF SAID BLOCK 10;
THENCE S 89 020 34 W, DEPARTING THE SOUTHWEST RIGHT—OF—WAY LINE OF SAID HIGHWAY
287, ALONG THE SOUTH
LINE OF SAID LOT 3 AND ALONG THE NORTH RIGHT—OF—WAY LINE
OF SAID 15 FOOT ALLEY, A DISTANCE OF 27.84 FEET TO A POINT;
THENCE N 44 43 2
• 2" W, DEPARTING THE SOUTH LINE OF SAID LOT 3 AND THE NORTH
RIGHT—OF—WAY LINE OF
SAID 15 FOOT ALLEY, A DISTANCE OF 14.64 FEET TO A POINT IN
THE WEST LINE
OF SAID LOT 3 AND THE EAST LINE OF LOT 2 OF SAID BLOCK 10,
THENCE N 00 30 02
' " W ALONG THE W EST LINE 0 F SAID LOT 3 AND THE EAST LINE OF
,
SAID LOT 29 A DISTANCE OF 28.68 FEET TO A POINT IN THE SOUTHWEST RIGHT—OF—WAY
LINE OF SAID HIGHWAY
287 AND BEING THE NORTH CORNER OF SAID CITY OF FORT WORTH
TRACT;
THENCE S 44 43 2
' 5" E ALONG SOUTHWEST RIGHT—OF—WAY LINE OF SAID HIGHWAY 287
,
AND THE NORTHEAST LINE OF SAID CITY OF FORT WORTH TRACT, 54.55 FEET TO THE
PLACE OF BEGINNING
AND CONTAINING 0.016 ACRES (692 SQUARE FEET) OF LAND, MORE
OR LESS.
OF
0900009 r F-00
GREGG A. E
r 57
r� •• ..• V
u
City exas
'T of Fort Worth,
mayor a
Communwication
COUNCIL ACTION: Approved on 11/15/2011
DATE: Tuesday,November 15,2011 REFERENCE NO.: L-15282
LOG NAME: 062050 PIPELINE
Acres of Property Located West of Martin Luther Ding Highway and South of
Authorize Acceptance of.017 P Y Addition and Authorize Execution of an
Berry Street and Known as a Portion of Lot 3,Block 10,True Acres �ith Texas f
Pipeline License Agreement ws Midstream Gas Services,L.L.C.,in the Amount o
Underground p g
Pipeline Across the Property for a Term of Twenty Years(COUNCIL DISTRICT
$1,653.75 far a Natural Gas p
5)
1&ECOMME D TIO1 :
It is recommended that the City Council:
f.017 acres of property located West of Martin Luther King Highway and South of
1. Authorize acceptance o p P Y
Berry Street and k a as known portion of Lot 3,Block 10,True Acres Addition to the City of Fort Worth,
Texas;and,
2. Authorize execution of an underground pipeline license Agreement with Texas Midstream Gas Services,
L.L.C.,in the amount of$1,653.75 for a natural gas pipeline across the property for a term of 20 years.
008 Raul T.Flores and Jackie Flores filed a Quitclaim deed(D20 8418101)conveying
On October 8,2 ,
property a as
known portion of Lot 3,Block 10,True Acres Addition to the City of Fort Worth at no cost.
Housing and Economic Development Staff has reviewed the property location and conducted a Phase I
Review of the property. Since the property is adjacent to the highway,it may be needed for
Environmental Rev
future road needs and does not have environmental issues,Staff recommends accepting the property.
The City has pp Y
s been approached b representatives of Texas Midstream Gas Services,L.L.C.,requesting an
underground pipeline license agreement for the installation of a natural gas pipeline across the property
g roun p P
Quitclaim deed.The proposed pipeline alignment will allow for a total of 35 linear feet of
described in the Quitc P P
ter natural as pipeline within a 20—foot wide strip of land across the property (0.01 b acres
six—inch diameter g P P
more or less)for a term of 20 years.
Texas Midstream G ,
as Services L.L.C.,has agreed to pay the City the standard fee of$47.25 per linear foot
of pipeline for the use o property
f the for a term of 20 years for a total cost of$1,653.75.Revenues received
from this project will be administered in accordance with the current Financial Management Policy.
Upon approval of the recommendations,the property will be formally accepted by the City,and a License
Agreement for the natural gas pipeline will be executed.
The property is located in COUNCIL DISTRICT 5,92D.
FISCAL F RM T
The Financial Management Services Director certifies that the Planning and Development Department is
responsible for the collection and deposit of funds due the City under this agreement.
FUND CENTERS; F]JUM FijB&Accqant/Centera
TO Fund/Acggunt/Centera
GC 0 4463QQ 0060600010M $826.88
T127 446300 006MO999-U $926.8-2
CER]CIFICATIONS:
Submitted for • Manager's IIY-I Fernando Costa (6122)
Randle Harwood (61 01)
. i D r m n Jay Chapa (5804)
Jean Petr (8367)
Additional Information!Lgntagk DJ Harrell (8032)
ATTACHMENTS
1.VaulleroPadLatgr"Iff