HomeMy WebLinkAboutContract 42486-A1g:r~~~~v ~/z YKU-Yr I
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FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER ~6 ,~
NATURAL GAS PIPELINE LICENSE AGREEMENT
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.
42486 ("First Amendment") is made and entered into by and between the City of Fort
Worth , a home-rule municipal corporation of the State of Te xas (the "City "), acting by
and through its duly authorized Assistant City Manager, and Texas Midstream Gas
Services, L.L.C. ("Company"), an Oklahoma limited liability company, acting by and
through its duly authorized Property Rights Manager.
WHEREAS , the City owns a park located at 7 51 Beach Street, Fort Worth , Texas
7 6111 , known as Gateway Park ( the "Park"), and operates and maintains the Park for
public use and benefit; and
WHEREAS , the City and Company are parties to a Natural Gas Pipeline License
Agreement , which authorizes Company to install and operate a Pipeline in the Park , the
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same being Fort Worth City Secretary Contract No~8"6 (the "Contract"); and
WHEREAS, under the terms of the Contract, Company is required to complete
installation of the Pipeline and restoration of the Park surface within 120 days of the staii
date Company identified in its Notice of Commencement, with the date of such
completion and restoration deadline being 'f'f'w-<lt IO,.}.{)\).. ("Restoration Deadline"); and
WHEREAS, Company encountered certain barrels and other materials (the
"Disposal Materials") in the process of installing the Pipeline; and
WHEREAS , the parties have executed a separate letter agreement dated May 3,
2012 (the "Letter Agreement"), which addresses their respective responsibilities for
removal of the Disposal Materials; and
WHEREAS, in accordance with the terms of the Letter Agreement, the parties
agreed to amend the Contract to extend the Restoration Deadline.
NOW, THEREFORE, City and Company do mutuall co agree as
follows: Off\CIAL RECORD
CITY SECRETARY
fT. WORTH, TX
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First Amendment to CSC 45,4'86 1 u -'~ 9 - I -p ll " : -I I 0l Page 1 of 3
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That Fort Worth City Secretary Contract No.~ is amended to add a new Section
6.1.2.1 to read as follows:
6.1.2.1. Completion of Restoration. Notwithstanding any language in Section
6.1.2 to the contrary, the Company shall have until 70 days from the execution of
the F irst Amendment to complete all re storation work , provided, however that
the Company shall be required to comply with all of the following requirements:
(i) on or before October 5, 2012 , the Company shall provide PACSD with a
watering schedule for the areas to be restored ; (ii) on or before Octob er 8, 2012 ,
Company shall provide P ACSD with written verification documenting that
trenching , backfilling, compaction, and grading have been completed in
compliance with the requirements outlined in Section 6.4.4; (iii) on or before
October 10 , 2012 , Company shall provide P ACSD with certifications of the type
and quality of any soil , seeding, or sod to be used in restoration for P ACSD
review and approval; (iv) on or before October 10 , 2012 , Company shall provide
P ACSD with a notarized statement affirming that Company has installed only
P ACSD-approved soil , seed , and sod and describing the quantity and location of
all such materials used in the Park; (v) on or before November 1, 2012 , Company
shall notify P ACSD regarding whether the property is ready for inspection and
first mowing; and (vii) on or before November 1, 2012 , Company shall provide
P ACSD with a notarized statement affirming that Company has complied with its
submitted watering schedule.
II.
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That all other terms and conditions of City Secretary Contract No . #4'86 that are not
amended herein shall remain in full force and effect throughout the term of the Contract.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
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First Amendment to CSC ~86 'T'pl"'-
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH , TX
Page 2 of3
IN WITNESS WHEREOF, the partie~ have ex ecuted this First Amendment in
Fort Worth , Tarrant County, Texas , this day o f~ , 2012 .
CITY OF FORT WORTH
Sus~Alanis
Assistant City Manager
Rl hard Zavala, Director
P s and Community Services Department
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First Amendment to CSC 4 ~
TEXAS MIDSTREAM GAS SERVICES,
L.L.C.
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Pa ge 3 of3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/20/2011
DATE: Tuesday, September 20 , 2011 REFERENCE NO.: L-15249
LOG NAME: 80GATEWAY PARK PIPELINE (SOUTH)
SUBJECT:
Conduct a Public Hearing and Authorize the Use of a Portion of the Subsurface of Gateway Park for the
Purpose of Installing an Eight-Inch Natural Gas Pipeline and Authorize the Execution of a License
Agreement with Texas Midstream Gas Services , LLC, in the Amount of $16,026.26 (COUNCIL DISTRICT
4)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code , Chapter
26, Protection of Public Parks and Recreational Lands ;
2. Find that no feasible or prudent alternative exists for the use of Gateway Park south for the location of
the proposed natural gas pipeline ;
3 . Find that the proposed natural gas pipeline includes all reasonable planning to minimize harm to the
parkland and including that the pipeline will be constructed in Gateway Park as specified on the attached
exhibits and as noted in the discussion below ;
4 . Close the public hearing and authorize the use of approximately 0.156 acres of dedicated parkland of
Gateway Park for the installation of an eight-inch natural gas pipeline; and
5. Authorize the execution of a License Agreement with Texas Midstream Gas Services, LLC, in the
amount of $16,026.26 .
• Gateway Park -751 Beach Street, Mapsco 64T, U , V , X , Y, and Zand 78A, Band C , located east of
Beach Street, north of 1-30 Tom Landry Highway, south of First Street and west of Oakland
Boulevard, in Council District 4.
DISCUSSION:
The purpose of this M&C is to authorize the execution of a License Agreement with Texas Midstream Gas
Services , LLC, in the amount of $16 ,026.26 for use of approximately 0 .156 acres of the subsurface of
Gateway Park for the purpose of installing an eight-inch natural gas pipeline .
The Parks and Community Services Department (PACSD) has been approached by Texas Midstream
Gas Services , LLC , (TMGS) to install a natural gas pipeline in Gateway Park (south). The natural gas line
will be servicing the Thomas to Hickman Pad Sites . The proposed alignment would allow for an eight-inch
natural gas pipeline beneath the park . A 339 .18 linear feet by 20-foot wide Pipeline License Agreement
area is being requested , and the requested area equates to approximately 0 .156 acres (6,784 square
feet).
Logname: 80GATEW A Y PARK PIPELINE (SOUTH) Page 1 of 2
The location of the pipeline was chosen in consideration of the future development plans for Gateway
Park . Customarily , it is the PACSD practice to avoid the removal of trees . However, due to constraints
being caused by future development plans , two trees (one six -inch and one 12-inch Cedar Elm) will be
impacted by the proposed pipeline alignment w ithin the park and will have to be removed . A mitigat ion fee
is not being requested because the trees being removed were determ ined to be of poor qual ity by the City
Forester. TMGS has agreed to ma intain a m inimum depth of five feet for open -trenched areas of
construction and a minimum of 10 feet for bored areas . A License Agreement will be required .
On July 27 , 2011 , the Parks and Commun ity Services Advisory Board (PACSB) endorsed staffs
recommendat ion that the C ity Counc il au t horize the use of approximately 0 .156 acres at Gateway Park for
the installation of a natural gas pipe li ne . In accordance with State law , the public not ice was advertised in
the Fort Worth Star-Telegram on August 23, 2011, August 30 , 2011 , and September 6 , 2011. An exhibit
map was available for public review for 30 days at the PACSD administrative offices located at 4200
South Freeway , Su ite 2200 .
A letter announcing the proposed use was sent to the president of the White Lake Hills Neighborhood
Association on August 26 , 2011 . Signage was posted at the site noting the proposed use and providing
instructions for directing comments to the Parks and Community Serv ices Department. Staff will note any
received public comment during the public hearing Report of City Staff.
Staff is recommending as a condition of granting this alignment , that TMGS be assessed the
recommended standard fee of $47 .25 per linear foot of pipeline . This amount is consistent with fees
assessed under the City's current Right-of-Way Use Agreements for installation of non-utility equipment,
appliances or appurtenances in public rights-of-way . In this instance , a fee of approximately $16 ,026 .26
will be assessed for approximately 339.18 linear feet of pipeline .
The funds generated from the assessment will be distributed in accordance with the City's Financial
Management Policy Statements for Gas-Related Revenue .
Gateway Park is located in COUNCIL DISTRICT 4.
FISCAL INFORMATION/ CERTIFICATION:
The Financial Management Services Director certifies that 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
C282 446300 801929990300
T122 446300 080192003371
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
$8 ,013 .13
$8,013 .13
FROM Fund/Account/Centers
Susan Alanis (8180)
Richard Zavala (5704)
David Creek (5744)
1. MAYOR AND COUNCIL COMMUNICATIONS aerial.doc (Public )
2 . MAYOR AND COUNCIL COMMUNICAT IONS pipeline routel.doc (Public)
L ogn am e : 80 GA TEW A Y PA RK PIPELINE (SOUTH ) Page 2 of2
·MAYOR AND COUNCIL COMMUNICATIONS
Pipeline alignment to
be bored
Pipeline alignment to
be trenched
McElroy, Denis C.
From:
Sent:
To:
Subject:
Michael McCann <michael.mccann@chk.com>
Tuesday, October 09, 2012 2 :36 PM
McElroy, Denis C .
RE : Gateway amendment
Yes, please correct the reference.
From: McElroy, Denis C. [mai lto:Denis.McElroy @fortworthtexas.gov]
Sent: Tuesday, October 09, 2012 2:27 PM
To: Michael Mccann
Subject: Gateway amendment
Mike,
Apparently I mis-entered the contract number for the original agreement . According to our City Secretary's records, the
license agreement is 42486. I erroneously wrote 45486 in the heading, whereas clauses, and footer. (I did get the
correct number in one sentence.) Would TMGS give me permission to cross out the references to "45486" and replace
them with "42486"?
Thanks
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