HomeMy WebLinkAboutContract 37293-A1 CITY SECRETARY
AMENDMENT NO. 1 TO CONTRACT NO. 3
PUBLIC RIGHT-OF-WAY USE AGREEMENT
(City Secretary Contract No. 37293)
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. 37293.
B. The City and Company now wish to amend the Agreement to permit
additional pipeline crossings authorized by the Agreement and to modify the locations
and lengths of the originally authorized 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 of 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 "A-1" 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 arp n&dzaxead.as-f4.lWws:
1 OFFICIAL RECORD
Page I of.2 CITY SECRETARY
Amendment No. I to CSC No. 37293
Public Righ of-FT) WCFVTb4eTilXiet4,een Cite of t=ort Worth and Cexas Midstream Gas Services, ITC
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 Nineteen
Thousand Three Hundred Seven Dollars and Seventy-Five Cents
($19,307.75) ("License Fee").
The City acknowledges receipt of $10,170.00 previously paid by Company
toward the License Fee pursuant to the Agreement. The balance of $9,137.75 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: TEXAS MIDSTREAM GAS
SERVICES, L.L.C.:
By: 4; By:
Fernando Costa kave J hns, ager
Assistant City Manager P rty Ri is
Date: Jr/8/" Date: 2 3�
APPROVED AS TO FORM AND LEGALITY:
By: /�
Peter Vaky Attested by:
Deputy City Attorney
M&C: C-24779 3-8-11 Marty Hendrix, y Secretary
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Amendment No. 1 to CSC No.37293
Public Right-of'Way Use Agreement between City of Fort Worth and Texas Midstream Gas Services, LLC
EXHIBIT 66A-1"
Company may only use the following portions of the Public Rights-of-Way in the City:
Added Street Crossings:
• Approximately 48 feet across Atkins Street, approximately 36 feet west of
McClure Street
• Approximately 60 feet across Riley Street, approximately 24 feet west of
McClure Street
• Approximately 50 feet across McClure Street, approximately 42 feet north of
Ripy Street
Amended Street Crossings:
• Approximately 50 feet across Elva Warren Street, approximately 121 feet east
of Stanphill Street (Originally 52 feet across Elva Warren Street,
approximately 229 feet east of Stanphill Street.)
• Approximately 50 feet across Butler Street, approximately 427 feet west of
Timberline South (Originally 24 feet across Butler Street approximately 304
feet east of Stanphill Street.)
• Approximately 50 feet across Joe Frazier Road, approximately 130 feet south
of Minden Street (Originally 50 feet across Joe Frazier Road approximately
37 feet south of Minden Road.)
• Approximately 50 feet across Minden Street, approximately 697 feet east of
McClure Street (Originally 50 feet across Minden Street approximately 691
feet east of McClure Street.)
• Approximately 55 feet across Ripy Street, approximately 700 feet east of
McClure Street (Originally 50 feet across Ripy Street approximately 679 feet
east of McClure Street.)
Amendment No. I to CSC'No. 37293
Public Right-of-Way Use Agreement between City of Port Worth and Texas Midstream Gas Services, LLC
Page I of 2
City of Fort Worth,, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/8/2011
DATE: Tuesday, March 08, 2011 REFERENCE NO.: C-24779
LOG NAME: 06EDGECLIFF S&B
SUBJECT:
Authorize Execution of Amendment to City Secretary Contract No. 37293, a Public Right-of-Way Use
Agreement Granting Texas Midstream Gas Services, LLC, a License to Construct and Operate a Natural
Gas Pipeline, to Permit Additional Pipeline Crossings at Atkins Street, Riley Street, and McClure Street
(COUNCIL DISTRICTS 8 and 9)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to amend City Secretary Contract No.
37293, a public right-of-way use Agreement with Texas Midstream Gas Services, LLC, granting a license
to construct and operate a natural gas pipeline across Atkins Street west of McClure Street, Riley Street
west of McClure Street, McClure Street north of Ripy Street, Ripy Street east of McClure, Minden Street
east of McClure, Joe Frazier Road south of Minden Street, Butler Street east of Stanphill Street, and Elva
Warren Street east of Stanphill Street.
DISCUSSION:
On June 3, 2008, (M&C C-22835) the City Council authorized execution of a Public Right-of-Way Use
Agreement (City Secretary Contract No. 37293) granting Texas Midstearn Gas Services, LLC (TMGS) the
right to construct and operate a natural gas pipeline across the following streets: Ripy Street, east of
McClure Street, Minden Street, east of McClure Street, Joe Frazier Road, south of Minden Street, Butler
Street, east of Stanphill Street, and Elva Warren Street, east of Stanphill Street. The crossings have not
been constructed and TIVIGS has since submitted revisions to the route adding three crossings at Atkins
Street, Riley Street and McClure Street, The locations and lengths of the originally authorized crossing
have been modified and are shown on the attached exhibit.
The Department of Transportation and Public Works has reviewed the proposed crossings and has no
objections. The route was considered by the Gas Drilling Review Committee on August 27, 2009. No
citizens appeared to speak on the proposed route.
The amended Public Right-of-Way Use Agreement will give TIVIGS a license to use the additional
crossings for the limited purpose of operating a natural gas pipeline for the remaining term of the
Agreement, which expires December 31, 2033. TIVIGS will pay the City an additional license fee of
$9,137.00 on account of these changes, for a full license fee of$19,307.75 under the Agreement. The
company will be required to provide bonds and insurance in accordance with the City's current standard
policies. Because TIVIGS is not a public utility as that term is defined in Chapter 28 of the City Code, a
franchise governing its operations is not required by the City Charter.
These crossings are located in COUNCIL DISTRICTS 8 and 9.
FISCAL INFORMATION ORMATION / CERTIFICATION:
The Financial Management Services Director certifies that the Department of Planning and Development
is responsible for the collection and deposit of funds due to the City under this agreement.
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