HomeMy WebLinkAboutContract 44634 (3)�
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NATURAL GAS PIPELINE LICENSE AGREEMENT
This NATURAL GAS PIPELINE LICENSE AGI2EEMENT ("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 DFW MIDSTREAM
SERVICES LLC ("Company"), a Delaware limited liability coinpany, acting by and through
Thomas G. Janilc, Vice President - Engineering.
The following statements are true and correct and constitute the basis upon which the
City of Fort Worth has executed this Agi•eement.
A. Company wishes to construct a(n) ten inch (10") nominal diameter pipeline for an
approximate total distance of 100 linear feet within a twenty (20') foot wide right of way
coi7•idor foi• the transportation of Gas through the portion of properties desci•ibed in Exhibits "A"
and "B" ("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
reqtiired 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 surface and subsurface of the City Property as described in Section 6.4 and
as further set out in Exhibit "A" in order to construct, operate and maintain a Pipeline on the
terms and conditions set forth herein, solely for the transportation of Gas and solely in
accordance with the terms and conditions of this Agreement. For initial construction, a
temporaiy construction transportation access as described in Exhibit "B" is also granted as part
of this Agreement.
Agreement
1. DEFINITIONS.
Capitalized terms used in this Agreement and not othet•wise 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 her•eunder to use a portion of
the City Propei-ty in the location as set out in Exhibit "A" and in accordance with the
specifications detailed in this Agreement for (i) the construction, installation,
maintenance and repair of Company's Pipeline; (ii) the use of such Pipeline for the
Natural Gas Pipeline License Agreement- Salt Rd. /Horton OF����p� �E�ORD Page 1 of 22
RECEIUED JUL 15 Z01� CIiY SECRETARY
FT. WORTH, TX
transportation of Gas; and (iii) any other directly related uses of the City Pi•opei�ty as
requested in advance in writing by Company and approved in writing by the City,
pursuant to and in accordance with this Agreement.
City shall mean the area within the corporate limits of the City of Fort Worth, Texas and
the governing body of the City of Fort Worth, Texas.
City Facility shall mean all incidental underground and aboveground attachments,
equipinent and appurtenances, including, but not limited to, inanholes, manhole vents,
lateral line connections, valves, pipelines, junction boxes, fire hydrants, meter vaults, lift
stations in, upon, under and across a portion of the City Propel•ty.
City Property shall mean that property as limited to and described in Exhibit "A."
Commission shall mean the Railroad Commission of Texas or other authority succeeding
to the regulatory powers of that entity.
Company shall mean DFW Midstream Seivices LLC, a Delaware limited liability
coinpany, only and shall not include any Affiliate or third party.
Customer shall mean any Person located, in whole or in part, within the City.
Director shall mean the Director of the City's Planning and Development Department or
authorized representative.
Gas shall mean gaseous fuels, such as natural gas, artificial gas, synthetic gas, liquefied
natural gas, manufactured gas, or any mixture thereof.
Person shall mean, without limitation, an individual, a corporation, a limited liability
company, a general or limited partnership, a sole proprietorship, a joint venture, a
business trust or any other form or business entity or association.
Pipeline shall mean that certain ten inch (10") nominal diameter steel pipeline for an
approximate total distance of 100 total linear feet and other facilities as approved by the
Director that are installed by Company in or on the City Propel�ty in accordance with this
Agreement and pursuant to the rules and regulations as promulgated by the U.S.
Depar-tment of Transportation, Office of Pipeline Safety, as set out in the Code of Federal
Regulations, Section 192 as adopted and modiiied by the Commission.
2. GRANT OF RIGHTS.
21. General Use of the City Prot�erty for Transportation of Gas.
Subject to the terms and conditions set forth in this Agreement and the City
Charter and ordinances, the City hereby grants Company a license to (i) erect, construct,
install and maintain the Pipeline in, under, along and across the City Property at a depth
Natural Gas Pipeline License Agreement- Salt Rd. /Horton Page 2 of 22
of no less than thirty-six inches (36") beneath the surface of the City Property and (ii)
transport Gas through the portions of its Pipeline in, under, along and across the City
Property as depicted in Exhibit "A". Company hereby acicnowledges and agz•ees that this
Agreeinent allows only the transportation of Gas tluough 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 granted to Company herein are strictly
nonexclusive. The City reserves the right to enter into and grant other and future licenses
and other authorizations for use of the City Property to other Persons and entities in
accordance with applicable law and as the City 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 City, if a dispute arises as to priority of the use of the City Property,
the City will resolve such dispute in a manner that does not result in urueasonable
interference with Company's operation of the Pipeline for the purposes provided foi�
herein. This Agreement does not establish any priority for the use of the City Property by
Company or by any present or future licensees or other permit holders. In the event of
any dispute as to the priority of use of the City Property, 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 by
the City in the exercise of its powers, including the police power and other powers
i•eserved to and conferred on it by the State of Texas.
2.3. Other Permits.
This Agreement does not relieve Company of any obligation to obtain permits,
licenses and other approvals from the City or other regulatory agency necessary for the
construction, installation, maintenance or repair of Company's Pipeline or the
transportation of Gas through such Pipeline. '
2.4. Bonds.
Prior to the commencement of any construction work in the City Property, that
requires a cut, opening or other excavation, Company shall deliver to the City bonds
executed by a coiporate surety authorized to do business in the State of Texas and
acceptable to the City in the proportional amount of the cost of worlc under the
construction contract or construction project that will be performed in the City Property.
The bonds shall guarantee (i) satisfactory compliance by Company with all requirements,
terms and conditions of this Agreement and (ii) fiill payments to all persons, iirms,
corporations or other entities with whom Company has a direct relationship for the
performance of such construction, maintenance or repairs.
If any such construction, maintenance and repair worlc is undertalcen by a
contractor of Company, Company shall also z•equire such contractor to deliver to
Company bonds executed by a corporate surety authorized to do business in the State of
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Texas and acceptable to the City in the proportional amount of the cost of worlc under the
construction contr•act or construction project that will be perfoi•med by the contractor in
the City Property. The bonds shall guarantee (i) the faithful performance and completion
of all construction, maintenance or repair worlc in accordance with the contract between
Company and the contractor and (ii) full payment for a11 wages for labor and services and
of all bills for materials, supplies and equipment used in the performance of that contract.
Such bonds shali 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. CT twenty (20) years from
the last date of notarial acicnowledgement, 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 surn of Five Thousand
Nine Hundred Twenty Five Dollars and Zero Cents ($5,925.00) ("License Fee").
Company hereby acknowledges and agrees that the amount of this License Fee
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 taxes, charges or fees
that the City may fi•om 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 of ten 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 (30) 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.
5. REGULATORY AUTHORITY OF THE CITY.
Company's proper�ty and operations hereunder shall be subject to such regulation
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 comply
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with all applicable federal, state and local laws, including all ordinances, rules and
regulations of the City, as same may be adopted and amended from time to time.
6. USE OF THE CITY PROPERTY.
6.1. Comnliance with Laws, Ordinances, Rules and Re�ulations.
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 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 policies related to
construction permits, construction bonds, pez•missible hours of construction, operations
during pealc traffic hours, barricading requirements and any other consti�uction rules or
regulations that may be promulgated from time to time.
6.2. No Undue Surden.
The Pipeline sha11 not be erected, ulstalled, constructed, repaired, replaced or•
maintained in any manner that places an undue burden on the present or future use of the
City Property by the City and the public. If the City reasonably determines that the
Pipeline does place an undue burden on any portion of the City Property, Company, at
Company's sole cost and expense and within a reasonable time period specified by the
City, shall modify the Pipeline or take other actions determined by the City to be in the
public interest to remove or alleviate the burden.
6.3. Notice
Prior to the undertalcing of any kind of construction, installation, maintenance,
repairs or other work that requires the excavation, lane closure or other physical use of
the City Property, Company shall, except for work required to address an emergency,
provide at least twenty-four (24) houis' advance written notice to the City and the 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) hours
after commencement of work. In addition, dur•ing any such worlc, Company shall provide
construction and maintenance signs and sufficient barricades at work sites to protect the
public.
6.4 MinimalInterference.
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 provide the following information to the attention of the
City's Gas Lease Program Land Agent, Planning and Development
Department, 1000 Throckmorton Fort Worth, Texas 76102-6302:
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a. Photographs documenting the condition of the City Property,
access routes, temporary worlcspaces, and adjacent trees as such
exist before installation of the Pipeline. All such photographs must
include a visible date and time stamp indicating when the
photography occurred. Company shall submit documentation of
the pre-installation condition prior to beginning any construction or
use of the City Property; and
b. Photographs documenting the condition of the City Property,
access routes, temporary woricspaces, and adjacent trees as such
exist following installation of the Pipeline. All such photographs
must include a visible date and time stamp indicating when the
photography occurred. Post-installation documentation must be
submitted no later than fifteen (15) business days after the
completion of installatioil. Plamling and Development personnel
will distribute copies of the documentation to all appropriate City
personnel to determine whether any damage has been done to the
City Property, access routes, temporary worlcspaces, or adjacent
trees.
6.4.2. At least seven calendar days prior to the start of construction, Company
shall coordinate and participate in a Preconstruction Meeting with City of
Fort Worth staff to evaluate and address any issues or concerns.
6.4.3 Company shall not have the right to place permanent above ground
facilities on City Property.
6.4.4. Company shall install the Pipeline in accordance with the installation
specifications reflected in Exhibit(s) "A".
6.4.5. Company shall not remove or allow removal of any trees on the City
Propei�ty without further written approval of the City.
6.4.6. The use of trafiic 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 No surface use of the City Property is permitted for storage or any purpose
other than temporary access for construction vehicles.
6.4.8. Company, at its sole cost and expense, shall provide necessary protections
for the access road(s) and repair any damage caused thereto by Company's
activities.
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6.4.9 For purposes of this section, the term "Foreign Material" shall mean any
material, substance, chemical, waste, contaminant, emission, discharge, or
pollutant regulated by any federal, state, or local law for the purpose of
protection of health, safety, or the environment, including, but not limited
to, petroleum, petroleum products, and waste products associated with
petroleum production.
Except as othez•wise provided in this Section, Company shall not
lcnowingly cause or permit any Foreign Material to be released, brought,
stored, or produced on or in the licensed area or City property in
connection with Company's operations under this Agreement, provided,
however, that Company shall be authorized, to store, handle, and use
materials that are reasonably necessary for the construction or operation of
the Pipeline so long as (i) such materials are properly stored, handled, or
used in accordance with all applicable laws and the terms of this
Agreement; and (ii) Company maintains Material Safety Data Sheets on-
site when such chemicals are present and provides that information to the
City on request. Company shall talce all actions necessary to stop the
release or presence of Foreign Material in connection with Company's
operations. Any waste produced from Company operations will be the full
responsibility of the Company to cleanup, handle, store, transport and
dispose. As part of the consideration for this Agreement, Company
waives any claim that this Agreement in any way confers generator status
on the City for waste produced from Company operations.
If, during the course of construction, operation, maintenance, repair, or
replacement of the Pipeline, Company encounters material that Company
lcnows, suspects, or has reason to believe constitutes Foreign Material,
Company shall immediately cease all activity, secure any material already
at the surface and limit disturbance of any buried material in the vicinity
of the suspected Foreign MateriaL
Company shall notify the City in accordance with the Notice section of
this Agreement of any release from Company operations and the presence
or release of suspected Foreign Material or Foreign Material.
NOTIFICATION MUST OCCUR WITHIN ONE HOUR AFTER
CONFIRMATION BY COMPANY'S ENVIRONMENTAL HAZARD
SERVICES PERSONNEL BUT UNDER NO CIRCUMSTANCES
LATER THAN TWELVE HOURS AFTER INITIAL RELEASE OR
DISCOVERY.
As part of the consideration for the license under this Agreement,
Company shall be responsible for the cost and expense necessary to
construct, operate, maintain, repair, or replace the Pipeline in accordance
with any federal, state or 1oca1 laws regulating the environment as well as
other applicable regulations. Company will be fully responsible for, in
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accordance with any federal, state or local laws, testing, storing, removing,
loading, transporting, and disposing of Foreign Material and suspected
Foreign Material encountered during the construction, operation,
maintenance, repair, or replacement of the Pipeline. As part of the
consideration for this Agreement, City waives any claim that this
Agreement in any way confers generator status on the Company for
Foreign Material and suspected Foreign Material that is pi•e-existing on
City property.
Any environmental assessment, cleanup, removal or disposal action will
have to meet the standards set forth by the City's Environmental
Management Division. City will provide necessary personnel to worlc
with Company regarding suspected Foreign Material or Foreign Material
encountered during the work.
6.5. "As-Built" Plans and Mans.
Company, at Company's sole cost and expense, shall, within ninety (90) calendar
days following the coinpletion of the Pipeline, 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. 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. Snecifications of the Pipeline
The Company shall erect, install, construct, maintain, repair, and replace the
Pipeline in accordance with the terms of this Agreement, Chapter 15 of the City Code and
all applicable state and federal laws. The Pipeline shall not exceed the size and
specifications stated herein and further set out in Exhibit "A." Pipeline shall be placed at
a depth of no less than 36 inches throughout the entire length of the City Property,
provided however, that 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.
Company may seek a variance fi�om these standards by submitting a written request
explaining why a variance is required and detailing the alternate installation
specifications that Company proposes. No variance shall be allowed unless approved in
writing by the City.
If the Pipeline within the City Property crosses a water or sanitary sewer facility
that is sixteen inches (16") or greater in diameter, Company must submit an emergency
response plan to the City's Water Department prior to the commencement of the
installation of the Pipeline. The emergency response plan must include, at a minimum,
written procedures to minimize any hazard resulting to any City Facility, and such
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procedures must be approved by the City's Water Department before Company may
begin construction.
6.7. Markin� of Pineline.
Company shall ensure that throughout the term of this Agreement, the Pipeline is
inarlced in a manner that is acceptable to the Director and in compliance with Federal
Regulations, such marlcing to show conspicuously Company's name and a toll-free
telephone number of Company that a Person may call for assistance. Coinpany shall
inspect marlcings on a periodic basis throughout the term of this Agreement and ensure
that faded, defaced, or otherwise illegible marlcers are replaced.
6.8. Surface Excavation.
The City shall have the right to coordinate all excavation worlc in the City
Propei-ty in a manner that is consistent with and convenient for the implementation of the
City's program for property management in order to preseive the integrity of the City
Property.
6.9. Relocation of Pineline.
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 Propez•ty all or any portion of its Pipeline due to
sti•eet 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 oi� any other type of
structure or improveznent of a public agency; any public woz•lc; 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 Planning and
Development Department in writing and the City will worlc in good faith with Company
to negotiate a workable time frame.
610. Restoration of the City Property, Public Ri�hts-of-Way and Public/Private
Pro er .
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, repair, removal, or replacement of
any of the Pipeline to a condition that is at least as good as the one in which such
propei�ty existed immediately prior to the disturbance or damage. Company shall
diligently commence such restoration within thirty (30) calendaz• days following the date
that Company first became aware of the disturbance or damage or, if the Pipeline is being
removed, within thirty (30) calendar days following such removal.
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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 ofiicials specified herein, poses an immediate tlueat
to life, health or property and is caused by any natural or man-made disaster,
including, but not limited to, storms, floods, iires, accidents, explosion, water
main brealcs and hazardous materials spills. In the event of a public emergency,
the City shall have the right to talce 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 fi•om liability or responsibility for any
Damages, as deiined in this Agreement, that may occur to the Pipeline or that
Company inay otherwise incur as a result of such a response, and (ii) agrees that
Coinpany, at Company's sole cost and expense, shall be responsible for the i�epair,
relocation or reconstruction of all or any of its Pipeline that is affected by such
action of the City.
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 talces 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 disastei; 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;
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c. The name and telephone number of the person repoi�ting the
emergency;
d. Whether or not any hazardous material is involved and
identification of the hazardous material so involved; and
e. Any other inforination as requested by the emergency dispatcher or other
such official at the time of reporting the emei•gency or incident.
In the event of an emergency that involves that portion of the Pipeline located in
the City Property and necessitates immediate einergency response worlc or repairs,
Company may initiate the emergency response worlc or repairs or take any action
required under the circumstances provided that Company notifies the City as pz•omptly as
possible. After the emergency has passed, Company shall apply for and obtain any
required construction permits and otherwise fully comply with the requirements of this
Agreement.
6.12. Removal of Pipeline.
Upon the i•evocation, 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 fi•om the City Property, (or capped the Pipeline, if consented to by the
City) 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; p�•ovided, 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 authoz•ity 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 incur7ed in performing or having performed such
restoration work.
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7. LIABILITY AND INDEMNIFICATION.
7.1. Liability of Company.
Company shall be liable and responsible for any and all damages, losses,
liabilities (joint 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 lcind 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 e�tent directly caused by the negligent or
grossly negligent act(s) or omission(s) or intentional misconduct of the City.
COMPANY HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY
FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF
ANY IrIND, INCL UDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND
OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH ITS IISE OF THE CITY PROPERTY UNDER THIS
AGREEMENT OR WITH THE USE, MAINTENANCE, OCCUPANCY, EXISTENCE
OR LOCATION OF THE CITYPROPERTY, EXCEPT TO THE EXTENT CAUSED
SOLELY BY THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE
CITY.
7.2 Indemnification.
COMPANY, AT COMPANY'S SOLE COST AND EXPENSE, SHALL
INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, BDARDS,
COMMISSIONS, AGENTS, EMPLOYEES AND VOL UNTEERS
("INDEMNITEES"), FROM AND AGAINST ANY AND ALL DAMAGES
(INCLUDING, WITHOUT LIMITATION, THOSE FOR PROPERTYDAMAGEAND
PERSONAL INJURY, INCL UDING DEATH) WHICH MAYARISE 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 THRO UGH THE PIPELINE; (III) ANY CLAIM OR LIEN ARISING O UT
OF WORI�, LABOR, MATERIALS OR SUPPLIES PROVIDED OR SUPPLIED TO
COMPANY, ITS CONTRACTORS OR SUBCONTRACTORS; OR (IT� 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 ACT(S) OR OMISSION(S) OR INTENTIONAL
MISCONDUCT OF THE CITY.
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7.3 Assumption of Risk and Environmental Remediation.
COMPANY HEREBY REPRESENTS TO THE CITY THAT (i) COMPANY
HAS FULLY INSPECTED THE CITY PROPERTY; (ii) COMPANY IS SATISFIED
WITH THE CONDITION OF THE CITY PROPERTY; AND (iii) COMPANY HAS
BEEN FULLY ADVISED OF ITS OWN RIGHTS WITHOUT RELIANCE UPON
ANY REPRESENTATION MADE BY THE CITY, ITS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
COMMISSIONS, BOARDS OR VOLUNTEERS. COMPANY HEREBY
UNDERTAICES AND ASSUMES, FOR AND ON BEHALF OF COMPANY, ITS
OFFICERS, AGENTS, CONTRACTORS, SUBCONTRACTORS AND EMPLOYEES,
ALL RISlr OF DANGEROUS CONDITIONS, IF ANY, ON OR ABOUT THE CITY
PROPERTY.
ALTHOUGH, TO THE BEST OF THE CITY'S I�IVOWLEDGE, THE CITY
PROPERTY COMPLY WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL
ENVIRONMENTAL LAWS AND REGULATIONS (COLLECTIVELY
"ENVIRONMENTAL LAWS'), THE CITY DOES NOT WARRANT .SUCH.
COMPANY HEREBY COVENANTS AND AGREES THAT COMPANY, AT ITS SOLE
COST AND EXPENSE, SHALL BE FULLY RESPONSIBLE FOR THE VIOLATION
OF ANY ENVIRONMENTAL LAWS CAUSED, IN WHOLE OR IN PART, BY
COMPANY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS OR INVITEES, AND ANY REMEDIATION THAT MAY BE
REQUIRED AS A RESULT OF SUCH VIOLATION, EXCEPT TO THE EXTENT
CAUSED BY THE CITY.
7.4. Defense of Indemnitees.
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 hez•eunder,
the City shall give Company prompt written notice of the malcing of any claim or
commencement of any such action, lawsuit or other proceeding, and Company, at
Company's sole cost and e�pense, shall resist and defend the same with reasonable
participation by the City and with legal counsel selected by Company and specifically
approved by the City. In such an event, Company shall not admit liability in any matter
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 policy
or policies of insurance to provide coverage as specified herein, naming the City 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, installation,
operation, maintenance or condition of the Pipeline, including the transportation of Gas
tluough the Pipeline. The insurance required hereunder may be provided by a
combination of self-insurance, primary and excess policies.
Natural Gas Pipeline License Agreement- Salt Rd. /Horton Page 13 of 22
8.1. Primary Liability Insurance Covera�e.
• Commercial General Liability:
$5,000,000.00 per occurrence, $10,000,000.00 aggregate, including coverage for
the following: (i) Premises Liability; (ii) independent contractors; (iii)
products/completed operations; (iv) personal injury; (v) contractual liability; (vi)
explosion, collapse and underground property damage; (vii) underground
resources damage; (viii) independent contractoi•s protective liability; and (ix)
broad-form property coverage.
• Environmental Imt�airment Liability (EIL) &/Or Pollution Liability:
a) Company shall purchase and maintain in force throughout the teim of this
Agreement, insurance and protection for bodily injury; property damage,
including loss of use of damaged property or of property that has not been
physically injured or destroyed; cleanup costs; and defense, including costs
and expenses incur7ed in the investigation, defense, or settlement of claims;
all in connection with any loss arising from the Pipeline site. Coverage shall
be maintained in an amount of $5,000,000.00 per loss, with an annual
aggregate of $10,000,000.00.
b) Coverage shall apply to gradual pollution; seepage; sudden and accidental
pollution conditions resulting from the escape of smolce, vapors, fumes,
acids, allcalis, toxic chemicals, liquids, or gasses; waste mate17a1; or other
irritants, contaminants or pollutants.
If EIL is v�nitten on a"claims made" basis, the Company must maintain
continuous coverage and purchase Extended Coverage Period Insurance, when
such coverage is not otherwise included as part of the basic policy, for as long as
this Agreement is in effect and for five (5) years after its termination or
expiration.
• Property Dama�e Liability:
$10,000,000 per occunence
• Automobile Liability:
$1,000,000.00 per accident, including, but not limited to, all owned, leased, hired
or non-owned motor vehicles used in conjunction with the rights granted under
this Agreement
Natural Gas Pipeline License Agreement- Salt Rd. /Horton Page 14 of 22
• Worlcer's Comnensation:
As required by law; and,
Employer's Liability - $1,000,000.00 per accident.
Such coverage shall include a Waiver of Subrogation in favor of the City and
provide coverage in accordance with applicable State and Federal Laws.
8.2. Revisions to Required Covera�e.
At the i•easonable recommendation of the City's Risk Manager, the City may at
any time revise insurance coverage requii•elnents and limits required by this
Agreeinent. Company agrees that within sixty (60) days of receipt of written notice fi�om
the City, Conlpany will malce ali reasonable efforts to implement all such revisions
requested by the City and, if Company is unable to implement such revisions, Company
shall provide the City with one or more specific reasons why Company could not implement
such revisions. Each policy of insurance shall include an endorsement providing that 30
days' notice of cancellation or change in coverage will be furnished to the certificate holder.
8.3. Underwriters and Certificates.
Company shall procure and maintain its insurance with underwi•iters authorized to
do business in the State of Texas and who are acceptable to the City in terms of solvency
and financial strength. Within thirty (30) days following adoption of this Agreement by the
City Council, Company shall furnish the City with certificates of insurance signed by the
respective companies as proof that it has obtained the types and amounts of insurance
coverage required herein. In addition, Company shall, on demand, provide the City with
evidence that it has maintained such coverage in full force and effect.
8.4. Deductibles.
Deductible or self-insured retention limits on any line of coverage required herein
shall not exceed $1,000,000.00 in the annual aggregate unless the limit per occui-��ence or per
line of coverage, or aggregate is otherwise approved by the City.
8.5. No Limitation of Liability.
The insurance requirements set forth in this Section 8 and any recovery by the City
of any sum by reason of any insurance policy required under this Agreement shall in no way
be construed or affected to limit oi� in any way affect Company's liability to the City or other
persons as provided by this Agreement or law.
9. DEFAULTS.
The occui7ence at any time during the term of this Agreement of one or more of
the following events shall constitute an "Event of Default" under this Agreement:
Natural Gas Pipeline License Agreement- Salt Rd. /Horton Page 15 of 22
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.
9.2. Breach.
An Event of Default shall occur if Company inaterially breaches or violates any
of the terms, covenants, representations or warranties set for•th in this Agreement or fails
to perform any obligation required by this Agreement.
9.3. Banlcrut�tcv, Insolvency or Receivership.
An Event of Default shall occur if Company (i) files a voluntary petition in
banlc�uptcy; (ii) is adjudicated insolvent; (iii) files any petition or fails to contest any
petition filed against it seeking any reorganization, arrangement, composition,
readjustment, liquidation, dissolution or similar relief for itself under any laws relating to
banluuptcy, insolvency oz• other relief for debtors; (iv) seelcs, consents to or acquiesces in
the appointment of any trustee, receiver, master, custodian or liquidator of Company, any
of Company's property or any revenues, issues, earnings or proiits thereof; (v) makes an
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 any existing or firture ordinances, rules and regulations of the City.
9.5 Failure to Comt�lete Construction
An Event of Default shall occur if Company fails to complete conshuction 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 Onnortunity 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 oi• failure to complete construction of the Pipeline in
accordance with Section 9.5, such Event of Default shall be deemed an Uncured Default
and the City shall have the right to terminate this Agreement immediately upon provision
of written notice to Company. If an Event of Default occurs for a reason other than for
failure to pay the License Fee, the City shall provide Company with written notice and
shall give Company the opportunity to cure such Event of Default. For an Event of
Natural Gas Pipeline License Agreement- Salt Rd. /Horton Page 16 of 22
Default which can be cured by the immediate payment of money to the City, Company
shall have thirty (30) days fiom the date it receives written notice fiom the City to cure
the Event of Default. For any other Event of Default, Company shall have sixty (60)
days fi•om the date it receives written notice from the City to cure the Event of Default. If
any Event of Default is not cured within the time period specified herein, such Event of
Default shall, without further notice from the City, become an "Uncured Default" and
the City immediately may exercise the remedies provided in Section 10.2.
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 clifferent times, any of the following remedies, all of which shall be
climulative of and without limitation to any other rights or reinedies the City may have:
10.2.1. Termination of A�reement.
Upon the occurrence of an Uncured Default, the City may terminate this
Agreement. Upon such termination, Company shall forfeit all rights granted to it
under this Agreement, and, except as to Company's unperformed obligations and
existing liabilities as of the date of termination, this Agreement shall
automatically 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 any other payments due up to the date of termination.
Company shall remove the Pipeline from and restore the City Property as and
when requested by the City. The City's right to terminate this Agreement under
this Section 10.2.1 does not and shall not be construed to constitute any lcind 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 may not abandon the Pipeline without the approval of the Commission
or successor agency or other regulatory authority with jurisdiction, if such action
without such approval is prohibited at the time by applicable federal or state law
or regulation.
10.2.2. Le�al Action A�ainst Companv.
Upon the occui7ence of an Uncured Default, the City may commence
against Company an action at law for monetary damages or in equity, for
injunctive relief or specific performance of any of the provisions of this
Agreement which, as a matter of equity, are specifically enforceable.
11. PROVISION OF INFORMATION
11.1. Filin�s with the Commission.
Natural Gas Pipeline License Agreement- Salt Rd. /Horton Page 17 of 22
Company shall upon request provide copies to the City of all documents which
Company files with or sends to the Commission or another state or federal regulatory
body concerning or related to its ti•anspoi•tation of Gas through or other operations in the
City, including, but not limited to, filings related to (i) tariffs; (ii) rules, regulations and
policies requested, under consideration or approved by the Commission; and (iii)
applications and any supporting pre-filed testimony and exhibits filed by Company or
third parties on behalf of Company, on the same date as such filings are made with the
Coininission. In addition, Company shall provide the City upon request with copies of
records, documents and other filings that Company is required to maintain or supply to
the Commission under any applicable state or federal law, rule or regulation concerning
or related to its transportation of Gas through or other operations in the City.
In addition, regardless of whether the City malces a request, Company shall
provide the City with copies of the Company's filings with the Commission or another
state or federal regulatory body that (i) involve a safety incident within a one-mile radius
of the Pipeline, (ii) relate to the Pipeline and involve its location oi• configuration; (iii)
relate to the Pipeline and involve a public health or safety issue, or (iv) relate to the
Pipeline and concern the issuance, modiiication, renewal, suspension, revocation, or
reinstatement of the permit for the Pipeline. Company shall also provide a written report
to the City's Gas Inspector describing how the Company responded to resolve any health
or safety incident that is the subject of its filing with the Commission.
11.2. Lawsuits.
Company shall provide the City with copies of all pleadings in all lawsuits to
which Company is a party and that pertain to the granting of this Agreement and/or the
transpoi-tation of Gas through the City within thirty (30) days of Company's receipt of
same.
12. COMPANY AS INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Company shall operate as an independent
contractor as to all rights and privileges granted by this Agreement, and not as an agent,
representative or employee of the City. Company shall have the exclusive right to control
the details of its business and other operations necessary or appui�tenant to the transportation
of Gas in accordance with the tei�ns and conditions of this Agreement, and shall be solely
responsible for the acts and omissions of its ofiicers, agents, servants, employees,
contractors and subcontractors. Company acicnowledges that the doctrine of r�espondeat
szrper•ro�� shall not apply as between the City and Company, its officers, agents, employees,
contractors and subcontractors. Company further agrees that nothing herein shall be
constiued as the creation of a partnership or joint enterprise between the City and Company.
13. ASSIGNMENT PROHIBITED.
Natural Gas Pipeline License Agreement- Salt Rd. /Horton Page 18 of 22
Company may not assign or otherwise transfer any of its r•ights or obligations under
this Agreement unless specifically authorized in writing by the City, which authorization
shall not be unreasonably withheld.
14. NOTICES.
E�cept as otherwise provided below, notices required pursuant to the provisions of this
Agreement shall be conclusively determined to have been delivered when (i) hand-delivered to the
other party, its agents, employees, seivants or representatives, or (ii) received by the othei• party by
United States Mail, postage prepaid, return receipt requested, addressed as follows:
To THE CITY:
City of Fort Worth
Gas Lease Program, Land Agent
1000 Throcicmorton
Fort Worth, TX 76102
with a copy to:
City of Fort Worth
Department of Law
Attn: Attorney for T/PW-Pipelines
1000 Tlu•ocicmorton
Fort Worth, TX 76102
To COMPANY:
DFW Midstream Services LLC
Vice President - Engineering
2100 McKinney Ave, Suite 1250
Dallas, TX 75201
with a copy to:
DFW Midstream Services LLC
General Counsel
2100 McKinney Ave, Suite 1250
Dallas, TX 75201
For• notices regarding known or suspected Foreign Material (as defined in Section 6.4.9),
Company shall notify the City in accordance with the timelines specified in Section 6.4.9 via
telephone at (817) 922-3000 and via e-mail at stormwater�fortworthtexas.gov.
15.
16.
NON-DISCRIMINATION COVENANT.
Company shall not discriminate against any person on the basis of race, color,
national origin, religion, handicap, sex, sexual orientation or familial status in the receipt of
benefits fiom Company's business operations, in any opportunities for employment with
Company oi• in the construction or installation of the Pipeline.
NO WAIVER.
The failure of the City to insist upon the performance of any term or provision of
this Agr•eement or to exercise any rights that the City may have, either under this Agreement
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.
Natural Gas Pipeline License Agreement- Salt Rd. /Horton Page 19 of 22
17. GOVERNING LAW AND VENUE.
This Agreement shall be construed pursuant to and in accordance with the laws of
the United States of America and the State of Texas. If any action, whether real or asserted,
at law or in equity, arise out of the terms of this Agreement, Company's transportation of
Gas or Company's use of the City Property, venue for such action shall lie exclusively in
state courts located in Tarrant County, Texas or the United States District Court for the
Northern District of 'Texas, Fort Worth Division.
18. CONFERENCES.
At the request of either the City or Company, the City and Company shall meet at
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 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 order entered by a court of competent jurisdiction, the validity, legality and
enforceability of the remaining provisions shall not in any way be affected or impaired. For
purposes of this Agreement, a court order shall be iinal only to the extent that all available
legal rights and remedies pertaining to such order, including, without limitation all available
appeals, have been exhausted. In such an event, the City and Company agree that they shall
amend or ha�e amended this Agreement to comply with such final order entered by a cout�t
of competent jut7sdiction.
20. FORCE MAJEURE.
In the event Company's performance of any of the tei7ns, conditions or obligations
required by this Agreement is prevented by a cause or event that is not within Company's
reasonable control, Company's non-pei•formance shall be deemed excused for the period of
such inability. Causes or events that are not within the Company's control shall include, but
not be limited to, acts of God, strilces, 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
Agreement are for reference puiposes only and shall not be deemed a part of this
Agreement.
22. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any
documents incoiporated herein by reference, contains the entire understanding and
Natural Gas Pipeline License Agreement- Salt Rd. /Horton Page 20 of 22
agreement between the City and Company as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in
conflict with the tei-ms and conditions of this Agreement. This Agreement shall not be
amended unless agreed to in writing by both parties and approved by the City Council of the
City.
EXECUTED as of the later date below:
CITY OF FORT WORTH:
�
By: �i�.--•
Assistant City Manager
Date: ~I/I i� /l,3
DFW MIDSTREAM SERVICES LLC
By:
Tho as G. Jan' , i e President - Engineering
Date: � 9 /`�
APPROVEll AS TO FORM AND LEGALITY:
By:
��S ��Assist t City rney
M&C: L� �
by6
�Z
�
J. K�e'r; City Secretary
Natural Gas Pipeline License Agreement- Salt Rd. /Horton
,5
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OFFICIAL RECORD
�I'�� �IECRl� �TF�,I��(
�'�� ?����a' ;i , Pa�e 2 of 22
ACKNOWLEDGEMENTS
THE STATE OF TEXAS
COUNTY OF TARRANT
§
§
§
BEFORE ME, the under•signed, a Notary Public, on this day personally appeared
Fernando Costa, Assistant City Manager of the City of Fort Worth, a home-rule municipal
coiporation of the State of Texas, lcnown 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 J Z
2013.
, /
� . • «�/
�
[SEA ' !
otary Public in and for the
State of Texas
•``�������"'��., EVONIA DANIELS
� 1�,�Y PVi
=_°� `�= Notary Public, State of Texas My Commission Expires:
:�,:,�:r; My Commission Explres
"'-'' '� •'ti'��'� �u� t o 2ot � Print Name of Notary Public Here
,Fo<<,.
THE STATE OF TEXAS
COUNTY OF �
§
§
§
BEFORE ME, the undersigned, a Notary Public, on this day personally appeared
Thomas G. Janik, Vice President - Engineering, on behalf of DFW Midstream Services LLC, a
Delaware 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 puiposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of July, 2013
�
tary Public in and for the
State of Texas
�.�Pa'r"r'ue�.,, JESSICA LYNN ERWIN
My COri1ri11SSlOri EXp1PeS: `J���I �?� • �`��^ NOi2fy PUbIiC, State oPTexas
/ ;,��,�rl; My Commission Ex ires
����! (�k/�,1� �!�f/� Print Name of Notary Public ere ��°�%;;�;; ���°� May ot , 2ot a
Natural Gas Pipeline License Agceement- Salt Rd. /Horton Page 22 of 22
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M&C Review
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 7/9/2013
DATE: 7/9/2013 REFERENCE NO.: L-15572
CODE: L TypE; NON-
CONSENT
LOG NAME:
PUBLIC
HEARING:
Page 1 of 2
Official site of the City of Fort Wortli, Texas
�ORi WOR?II
�`�_
06HORTON TREE
LATERAL
NO
SUBJECT: Authorize Execution of an Agreement Granting DFW Midstream Services, LLC a License to
Construct and Operate a Ten-Inch Underground Natural Gas Pipeline Across City-Owned
Property Located at 5800 Salt Road for a One-Time License Fee in the Amount of
$5,925.00 (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that City Council authorize execution of an Agreement granting DFW Midstream
Services, LLC a license to construct and operate a ten-inch underground natural gas pipeline across
a City-owned property located at 5800 Salt Road, Fort Worth, Texas, for a term of 20 years in
exchange for a one-time license fee in the amount of $4,925.00 and temporary access at a cost of
$1,000.00 for a total cost of $5,925.00.
DISCUSSION:
The City has been approached by representatives of DFW Midstream Services, LLC requesting a
license to use a portion of a City-owned property located at 5800 Salt Road for the construction and
installation of an underground natural gas pipeline also known as the Horton Tree Lateral.
The property is located south of Interstate 20, just north of the Southeast Landfill and is used as an
access road to the landfill property. The proposed alignment will allow for construction and operation
of a total of 100 linear feet of 10-inch diameter natural gas pipeline within a 20-foot wide strip of land
across the property (0.046 acres more or less) for a term of 20 years. Additionally, temporary access
for construction vehicles shall be granted across the property on the existing paved roadway at a cost
of $1,000.00 per month for a term of 30 days. DFW Midstream Services, LLC previously paid a
$1,000.00 fee for 30 day temporary access along Salt Road to construct a pipeline on property
adjacent to City of Fort Worth property.
DFW Midstream Services, LLC has agreed to pay the City the standard fee of $49.25 per linear foot
of pipeline for the use of the property for a term of 20 years for a cost of $4,925.00 and to pay an
additional $1,000.00 for (30) days of temporary access during initial construction for a total cost of
$5,925.00. Revenues received from this project will be administered in accordance with the current
Financial Management Policy Statements.
DFW Midstream Services, LLC will be responsible for repairing and restoring any damage to the strip
of land or surrounding property resulting from the construction of the pipeline.
The property is located in COUNCIL DISTRICT 8, Mapsco 93X.
FISCAL INFORMATION/CERTIFICATION:
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.
http://apps.cfwnet.org/council�ackeUmc_revie�v.asp7ID=18597&councildate=7/9/2013 07/10/2013
I'VIAYOR AND COUNCIL COMMUNICATION MAP
HORTON TREE LATERAL
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FORT WORTH Copyrighl 2013 City of Fort Worth. Unauthonzed reproduclion is a vidation of applicable laws. �
n This producl is for informational purposes and may not have been prepared for or be suitable for General Location
legal, engineering, or surveying purposes. It does not represent an on-theyround survey and
represents only lhe approximate relabve localion of property boundaries. The City of Fort Worth
assumes no responsibility for the accuracy of said dala. � Proposed Pipeli ne