HomeMy WebLinkAboutContract 43549-A1 CITY SECRETAR"
CONTRACT NO. .
MAY -82018
CITY GF FOR i VJORT'�
AMENDMENT TO PUBLIC RIGHT-OF-WAY USE AGREEMENT
C1T`(SECRETARY
t This AMENDMENT TO PUBLIC RIGHT-OF-WAY AGREEMENT ("Amendment") is made and
entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal
corporation, acting by and through Jesus J. Chapa, its duly authorized Assistant City Manager,
and TEXAS MIDSTREAM GAS SERVICES, L.L.C. ("Company"), an Oklahoma limited liability
company, acting by and through Dustin Weaver, as Manager-Land and Attorney-in-Fact, West
Land Central.
WHEREAS, City and Company entered into a Public Right-of-Way Agreement, dated
August 21, 2012 as authorized by City Council by M&C C-25797, City Secretary Contract No.
43549 (the"Agreement"), and the parties now desire to amend the Agreement;
WHEREAS, City desires to vacate the public right-of-way for approximately 300 feet
along Helmick Avenue from Halloran to Horne Street(the "Vacated Right-of-Way");
WHEREAS, City and Company have agreed to allow for the continued use by Company of
the Vacated Right-of-Way after vacation by City and will enter into a Pipeline License Agreement
detailing such agreement; and
NOW THEREFORE, the parties hereby enter into this Amendment as follows:
1. The parties hereby agree to amend the Agreement by replacing the following
provision from Exhibit"A" of the Agreement:
• approximately 1,570 feet along Helmick Avenue from Bryant Irvin Road to
Horne Street
with:
• approximately 1,270 feet along Helmick Avenue from Bryant Irvin Road to
Halloran Street
2. Except as provided for above, all other terms and conditions of the Agreement
remain in full effect.
3. This Amendment contains the entire understanding and agreement between City
and Company, their assigns and successors in interest, as to the matter contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent
in conflict with any provision of this Amendment.
4. This Amendment may be executed in one or more counterparts and each
counterpart shall, for all purposes, be deemed an original, but all such cou all together
constitute one and the same instrument. 9
[0FIF.ICIAL RECORD
(Signature pagefollows) Y R11CRIIITARY
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Amendment to Public Right-of-Way Agreement(CSO 43549) 12.4.17 Page 1 of 2
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ACCEPTED AND AGREED:
CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
��— responsible for the monitoring and administration of this
contract,including ensuring all performance and
By: -� reporting requirements.
Name: Jesus J.Chapa
Title: Assistant City Manager
Date: �� By -
N as
Title:
APPROVAL RECOMMENDED:
APPROVED AS TO FORM AND LEGALITY:
By:
Name: By: L:_
Iapjlf�
Title: ame: John B. S ng
ATTEST:
Title: Assist City Attorney
CONTRACT AUTHORIZATION:
M&C: L-k pgSg
F oR�.jitla
to Approved: 1215By: -e: Mary Kayser 1295 Certification No.:�(-1—e: City Secretary
TEXAS MIDSTREAM GAS SERVICES, TEST:
By: I By: cam.
Name: Dustin Weaver Name:
Title: Manager-Land and Title: .
Attorney-in-Fact, West Land Central
Date: 417- 12-018
OFFICIAL RECORD
CITY EECROARY
17. WYORT#f r)t
Amendment to Public Right-of-Way Agreement(CSO 43549) 12.4.17 Page 2 of 2
ACKNOWLEDGEMENTS
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned, a Notary Public, on this day personally appeared Jesus J. Chapa,
Assistant City Manager of the City 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 0-day of 2018.
[SEAL] QI/�,(,� d—
Not4ty
Public in and for the
State of Texas
MARIA S.SANCHEZ
My Notary ID#2256490 My Commission Expires:
"7�f OF �'*p• Expires December 19,2021
Print Name of Notary Public Here kJ/f
THE STATE OF OKLAHOMA §
COUNTY OF OKLAHOMA §
BEFORE ME, the undersigned, a Notary Public, on this day personally appeared
Dustin Weaver, Manager-Land and Attorney-in-Fact, West Land Central on behalf of Texas
Midstream Gas Services L.L.C., an Oklahoma Limited Liability Company, 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. rr
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Xhd day of 2018
1Sk41
otary Public in and for the
State of _Ter)03_S
My Commission Expires:
Print Name of Notary Public Here
JENNETTE MICHELLE STAFFORD
Notary Public,State of Texas
Comm.Expires 11-02-2020
OF '� Notary ID 128528921
Amendment to Public Right-of-Way Agreement (CSO 43549) 12.4.17
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M&C'Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA F`-
-RT
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COUNCIL ACTION: Approved on 12/5/2017
DATE: 12/5/2017 REFERENCE **L-16095 LOG NAME: 21AMENDHELMICK LA
NO..
CODE: L TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Amend Public Right of Way Use Agreement with Texas Midstream Gas Services, LLC, to
Remove Section of Helmick Avenue Between Halloran and Horne and Authorize Execution
of an Agreement with Texas Midstream Gas Services, L.L.C., to Operate an Eight-Inch
Underground Natural Gas Pipeline Under City-Owned Property Upon Vacation of Helmick
Avenue Between Halloran and Horne for a Fee of$150,000.00 (COUNCIL DISTRICT 3)
RECOMMENDATION:
It is recommended that City Council authorize:
1. Execution of an Amendment to the Public Right of Way Use Agreement with Texas Midstream
Gas Services, LLC (City Secretary Contract No. 43549) to remove Helmick Avenue between Halloran
and Horne; and,
2. Authorize execution of a Natural Gas Pipeline License Agreement granting Texas Midstream Gas
Services, LLC, a license to operate a natural gas pipeline across city-owned property upon the
vacation of Helmick Avenue between Halloran and Horne for a fee of$150,000.00.
DISCUSSION:
On August 21, 2012, (M&C C-25797, City Secretary Contract No. 43549), Council approved a Public
Right of Way Use Agreement with Texas Midstream Gas Services, L.L.C., (TMGS), for installation of
an 8-inch natural gas pipeline within Helmick Avenue right of way between Bryant Irvin Road and
Horne Street. The portion of Helmick Avenue between Halloran and Horne was never fully
developed or used as a street.
The 2014 Bond Program, approved by the Citizens of Fort Worth, includes funding to construct a new
Como Community Center in Chamberlin Park. As part of the planned improvements additional
properties have been acquired north of Chamberlin Park including properties on the north and south
side of Helmick Avenue between Halloran and Horne Street. As part of the planned improvements
for Chamberlin Park and the construction of a new Como Community Center, the portion of the
Helmick Avenue right of way between Halloran and Horne will be vacated and the surrounding
properties will be replatted and ultimately incorporated into Chamberlin Park.
Staff has determined that the existing natural gas pipeline may remain in place within the vacated
section of Helmick Avenue, however, due to its incorporation into a fee simple property upon vacation
of the Helmick Avenue right of way, it is necessary to amend the existing Public Right of Way Use
Agreement to remove Helmick Avenue between Halloran and Horne as a public right of way and
execute a new Natural Gas Pipeline License Agreement which includes terms to address operations
and maintenance of the natural gas pipeline within the City's fee owned property. The Public Right of
Way Use Agreement (City Secretary Contract No. 43549) will be amended to identify only the portion
of natural gas pipeline which remains within the Helmick Avenue right of way from Bryant Irvin to
Halloran.
This Mayor and Council Communication authorizes an amendment to the existing Public Right of
Way Use Agreement to remove Helmick Avenue between Halloran and Horne and authorizes
execution of a new natural gas Pipeline License Agreement with Texas Midstream Gas Services,
L.L.C., for the existing 8-inch natural gas pipeline to remain in place upon vacation of Helmick
Avenue and the replat of the surrounding properties. The terms of the existing Public Right of Way
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=25105&councildate=12/5/2017 4/16/2018
M&C'Review Page 2 of 2
Use Agreement allow for the City at its discretion to require relocation of the pipeline, however, staff
and TMGS, have determined that the best and least disruptive course of action for the neighborhood
is for the pipeline to remain in place at this time. TMGS has agreed to pay the City $150,000.00 in
lieu of relocating the natural gas pipeline.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Property Management Department is
responsible for the collection and deposit of funds due the City under this Agreement.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Steve Cooke (5118)
Additional Information Contact: Jean Petr (8367)
Roger Venables (6334)
ATTACHMENTS
EXECUTED 1295 FORM - HELMICK REVISED 11.28.17.0
MC TEMPLATE - HELMICK.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=25105&councildate=12/5/2017 4/16/2018
L-1(00W
CERTIFICATE OF INTERESTED PARTIES
FORM 1.295
1 of 1
Complete Nos.l-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-287647
Texas Midstream Gas Services,L.L.C.
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 11/28/2017
being filed.
City of Fort Worth Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide Be
description of the services,goods,or other property to be provided under the contract.
43549
License Agreement
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct
5'r'r...,••.
JOSEPH AUSTIN DILLARD
My Notary ID#128603685 -
Expirm May 4,2019 Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP I SEAL ABOVE //��
Sworn to and subscribed before me,by the said la5i'q A(�fyme— this the a s day of,,46k,
2o___Z7 ,to certify which,witness my hand and seal of office.
f i
igna a Of o hcer administering oath Printed name of officer administering oath Title of offic6r administering oath
FForms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337