HomeMy WebLinkAboutContract 39817-A1CITY SECRETARi�
AMENDMENT CONTRACT Nth.
TO CITY SECRETARY CONTRACT NO.39817
PIPELINE LICENSE AGREEMENT
This AMENDMENT TO CITY SECRETARY CONTRACT NO.39817, NATURAL
GAS PIPELINE LICENSE AGREEMENT is entered into by and between the CITY OF
FORT WORTH, a home rule municipal corporation of the State of Texas located within
Tarrant, Denton, and Wise Counties, Texas (hereinafter referred to as the "City"), and TEXAS
MIDSTREAM -GAS SERVICES, L.L.C., an Oklahoma limited liability company (hereinafter
referred to as "Company").
RECITALS
WHEREAS, the City of Fort Worth ("City") and Texas Midstream Gas Services, L.L.C.
"Company") made and entered into City Secretary Contract ("CSC") No. 39817 authorized by City
Council by M&C L44732 on April 7, 2009 to allow the installation and construction of a natural
gas pipeline in Hallmark Park; and This is the date that the Council approved the M&C to enter into
the agreement and should not be changed, it is not meant to reflect the final execution date of the
agreement itself.
WHEREAS, CSC No. 39817, Section 6 "Construction Schedule", required the Company
to complete construction within one (1) year of the execution of the Agreement and was anticipated
to be completed within ninety (90) calendar days of commencement of the work; and
WHEREAS, due to unforeseen circumstances Company cannot not begin construction
within the prescribed date and requests an extension of the construction schedule from the City
wherein Company would commence construction sixty days from the approval by the City Council
of this amendment agreement and complete within one hundred fifty (150) days from the execution
of this amendment agreement; and
WHEREAS, City staff and Company desire to amend CSC No. 39817 to provide for
amendments to the following sections of the original agreement: fees and payments to the City and
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OFFICIAL RECORD
CITY .�iECRETARY
T.
WORTH, TX
the construction schedule in order to facilitate the construction of the natural gas pipeline;
NOW THEREFORE, City and Company, acting herein by and through their duly
authorized representatives, enters into the following that amends CSC No. 39817:
1.
Section 45 "Fees and Payments to City" is amended to revise section 4.1 "License Use Fee" to add
subsection 4.1.2. to read as follows:
4.1. License Use Fee.
4.1.2. In addition to the License Fee, Company shall pay the City $ $1,000.00 as
compensation for the extension of the construction schedule.
2.
Section 6, "Use of the Park" is amended to revise the language in section 6.1 "Construction
Schedule" to read as follows:
6.1. Construction Schedule
Construction of the Pipeline shall
no later than sixty (60) days from
the approval of the execution of this amendment agreement by the City Council
and all work must be completed within one hundred fifty (150) days from the
execution of the amendment. Company shall meet with appropriate City staff,
prior to construction for a pre -construction meeting to co-ordinate activities. All
other requirements of CSC No. 39817 Section 6 shall be applicable.
3.
All other provisions of the Agreement which are not expressly amended herein shall remain in full
force and effect.
EXECUTED on this the
-2-
2011.
OFFICIAL RECORD
CITY SECRETARY
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By:
i , Assistant City Manager
Date:
ll J$� n i
t
BYi
APPROVED AS TO FO1�M AI`�D IL1��AlLIIT�I:
By: u la
�vrd,
Assistant City Attorney
M&C: 1- ICI
ATTEST:
Marty Hendrix
City Secretary
-3-
Property Rights
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on this %Cisday of ��L-)Ir ,
20115 by Dave Johns, Manager Property Rights of Texas Midstream Gas Services, L.L. 'C , an
Oklahoma limited liability company, on behalf of said company.
'g
��►nY P/�.Notary Public, State of Texas
PAMELA S MASSEY
My Commission Expires
August 7, 2014 My commission expires: // 7
My commission number:
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Susan Alanis,
Assistant City Manager %J the City of Fort Worth, known to me to be the person and officer
whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed
the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant
County, Texas, for the purpose and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this � `J day of
Vl 1 CA liter , 20 i 1
CtPJDA A4, HIRRLINGI=R
iNY Ct7MMiSSipN EXPIR@S
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Page 1 of 2
City of Fort Worth, Texas
COUNCIL ACTION: Approved on 2/15/2011
DATE: Tuesday, February 15, 2011
LOG NAME: 80HALLMARKGASAMEND
REFERENCE NO.: L-15146
SUBJECT:
Authorize Amendment to City Secretary Contract No. 39817, a License Agreement with Texas Midstream
Gas Services, LLC, to Extend the Construction Schedule for an Additional Six Months (COUNCIL
DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council authorize City Manager to execute an amendment to City
Secretary Contract No. 39817, a license agreement with Texas Midstream Gas Services, LLC, to extend
the construction schedule for an additional six months.
DISCUSSION:
On April 7, 2009, (M&C L-14732) City Council authorized the conversion of approximately .557 acres of
parkland at Hallmark Park for the installation of a natural gas pipeline and the execution of City Secretary
Contract (CSC) No. 39817, a license agreement with Texas Midstream Gas Services, LLC, (TMGS) in
the amount of $54,607.50.
On February 16, 2010, the license agreement was fully executed by both the City and TMGS. In
accordance with section 6.1.2 of the license agreement, construction of the natural gas pipeline was to be
completed within 365 days of the execution of the agreement. TMGS is requesting an amendment to the
license agreement to extend the term of the construction schedule as described in the agreement. This
extension would give TMGS an additional six months to complete the construction and installation of the
proposed natural gas pipeline in Hallmark Park. This extension will not result in any additional disruption
in the park.
As a condition of the amendment of the license agreement, TMGS will be assessed a fee of $1,000.00 to
cover administrative costs incurred to process the amendment.
Should Council approve the amendment, the City will execute an amendment agreement to CSC No.
39817 with TMGS.
Hallmark Park is located in COUNCIL DISTRICT 6.
FISCAL INFORMATION /CERTIFICATION:
The Finance Management Services Director certifies the Parks and Community Services Department is
responsible for the collection and deposit of funds due to the City.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
C282 446300 801929990100 1 000.00
http://apps.cfwnet.org/ecouncil/printmc.asp?id=14707&print=true&DocType=Print 2/21/20ll
Page 2 of 2
CERTIFICATIONS:
Submitted for City Manager's Office b� Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: David Creek (5744)
ATTACHMENTS
1. Accounting records M&C80HALLMARKGASAMEND.pdf (CFW Internal)
2. _c_g_ 2007 hallmark MC.p_df (Public)
3. HALLMARK PARK SURVEY.doc (Public)
http://apps. cfwnet. org/ecouncil/printmc. asp?id=14707&print=true&DocType=Print 2/21 /2011