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CONTRACT NC: n
AMENDMENT NO. 1 TO
PUBLIC RIGHT-OF-WAY USE AGREEMENT
(City Secretary Contract No. 37456)
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. 37456.
B. 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 %J which is
hereby acknowledged, do hereby contract, covenant, and agree as follows:
1. The definition of "Public Rights -of --Way" in Section 1 of the Agreement
(Definitions) is hereby amended to read as follows:
Public Rights -of --Way shall mean only those dedicated public streets, highways,
alleys and rights -of --way in the City identified in Exhibit "A-1" of this
Agreement, attached hereto and hereby made a part of this Agreement for
all purposes.
Exhibit "A4" is attached hereto and shall replace and supersede Exhibit "A" of
the Agreement for all purposes.
2. The first sentence of Section 4.1 of the Agreement (Right -of --Way Use Fee) is
hereby amended to read as follows:
®FFICIAL REC®R®
Page 1 of 2 �, W® , IF A
AmendmentNo. 1 to CSC No. 37456 'CffYSECRETA Y
I � s
Public Right -of --Way Use Agreement between City of Foil Worth and Texas Midstream Gas Sencices,,L4C__ _
04-15-09 A09:24 IN
Company shall pay the City as compensation for its use of the Public
Rights -of --Way for the term of this Agreement the sum of Twenty-four Thousand
Two Hundred and Ten Dollars (24,210.00) ("License Fee").
The City acknowledges receipt of $14,130.00 previously paid by Company
toward the License Fee pursuant to the Agreement. The balance of $ 10,080.00 shall be
paid by Company in full as a condition precedent to the effectiveness of this Amendment.
3. All terms in this Amendment that are capitalized but not defined shall have the
meanings assigned to them in the Agreement.
4. All terms and conditions of the Agreement that are not expressly amended
pursuant to this Amendment shall remain in full force and effect.
EXECUTED as of the later date below:
CITY OF FORT WORTH:
By: Ghw�r►L��---»
Fernando Costa
Assistant City Manager
Date: "149
TEXAS MH)STREAM GAS
SERVICES, L.L.C.:
By: �Yt► �—'
J. Michael Stice,
President and COO.
Date: ,O)?nA� t / 2. [7 U
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky
Assistant City Attorney
Marty
M&C: C-23305 February 10, 2009
City Secretary
Page 2 of 2 j (c,ofrREM, Fie(
ubl c Right of -Way Use Agreement between City of Fort Worth and Texas Midstream Gas §e vic s T L (D
EXHIBIT "A-1"
Company may only use the following portions of the Public Rights -of --Way in the City:
• Approximately 122 linear feet crossing Precinct Line Road, approximately 155
feet north of Randol Mill Road.
• Approximately 122 linear feet crossing Precinct Line Road, approximately 170
feet north of Randol Mill Road.
• Approximately 102 linear feet crossing Cook Lane, approximately 100 feet north
of Colbi Lane.
• Approximately 102 linear feet crossing Cooks Lane, approximately 85 feet north
of Colbi Lane.
• Approximately 94 linear feet crossing Precinct Line Road, approximately 2313
feet north of Randol Mill Road.
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
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/3/2009
DATE: Tuesday, February 03, 2009 REFERENCE NO.: **C-
LOG NAME: 06PRECINCT c�33OS
SUBJECT:
Authorize Amendment to Public Right -of -Way Use Agreement with Texas Midstream Gas Services, l
Adding Second Pipeline Crossing Across Precinct Line Road and Across Cooks Lane
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an amendment to a F
Right -of -Way Use Agreement with Texas Midstream Gas Services, LLC, (City Secretary Contract Nc
37456) to construct additional pipelines across Precinct Line Road, 155 feet north of Randol Mill Ro<
Cooks Lane, approximately 100 feet north of Colbi Lane for an additional one-time license fee of
$10,080.00.
DISCUSSION:
On July 8, 2008, (M&C C-22900, City Secretary Contract No. 37456) Council authorized a Public Ril
Way Use Agreement with Texas Midstream Gas Services, LLC, (Texas Midstream) to install one pip
across Precinct Line Road and Cooks Lane at each of the approximate locations shown on the attac
map.
Texas Midstream has now requested the City's consent to install two pipelines at each of those loca�
The proposed amendment to Texas Midstream's Public Right -of -Way Use Agreement authorizes a
pipeline crossing at each location and increases the license fee to a total of $24,210.00.
These crossings are located in COUNCIL DISTRICTS 4 and 5.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that Planning and Development Department is
responsible for the collection of funds due to the City under this agreement.
FUND CENTERS:
TO Fund/Account/Centers
0001 421502 0062040
CERTIFICATIONS:
Submitted for City Manager's Office bv:
Originating D�artment Head:
Additional Information Contact:
- - _ __
__
�, � �:� ��
FROM Fund/Account/Centers
Fernando Costa (6122)
Susan Alanis (8180)
Tom Edwards (2314)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=10717&print=true&DocType=Print 03/09/2009
Page 2 of 2
ATTACHMENTS
1. Exhibit1.pdf (Public)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=10717&print=true&DocType=Print 03/09/2009