HomeMy WebLinkAboutContract 37369-A1 CITY SECRETARY
CONTRACT NO
AMENDMENT
TO CITY SECRETARY CONTRACT NO. 37369
PIPELINE LICENSE AGREEMENT
This AMENDMENT TO PIPELINE LICENSE AGREEMENT is entered into
by and between the CITY OF FORT WORTH, a municipal corporation of the State of
Texas located within Tarrant, Denton, and Wise Counties, Texas (hereinafter referred to
as the "City") acting herein by and through its duly authorized City Manager or duly
designated Assistant City Manager, and TEXAS MIDSTREAM GAS SERVICES,
L.L.C., an Oklahoma limited liability company (hereinafter referred to as "Company")
acting herein by and through its duly authorized representative.
RECITALS
WHEREAS, the City of Fort Worth ("City") and Texas Midstream Gas Services,
L.L.C. ("Company") made and entered into City Secretary Contract No. 37369 Natural Gas
Pipeline License Agreement ("Agreement") authorized by City Council by M&C L-14486
on March 4,2008, to allow the installation and construction of a natural gas pipeline; and
WHEREAS, Exhibit "A" in the Agreement depicts the alignment and location of
the natural gas pipeline within the licensed area; and
WHEREAS, physical conditions have changed in the licensed area wherein the
natural gas pipeline was to be located which has necessitated abandonment of the existing
alignment and realignment of the location of the pipeline as depicted in Exhibit "A" of the
Agreement; and
WHEREAS, it advisable to execute this Amendment to the Agreement to revise
Exhibit "A" in the Agreement in order to depict the abandonment of the previous location
and the realignment and revised location of the natural gas pipeline within the license area.
1
NOW THEREFORE, City and Company, acting herein by and through their duly
authorized representatives, do mutually covenant and agree that Agreement, recorded as
Instrument No. D208308811 of the Real Property Records of Tarrant County, is hereby
amended as follows:
1.
Exhibit A, depicting the location of the natural gas line, is hereby removed and
replaced with Exhibit A-1 attached hereto and incorporated herein to the Agreement.
2.
Company shall pay a total additional payment of Twenty-nine thousand nine
hundred eighty-eight dollars and thirty-three cents ($29,988.33) ("License Fee")comprised
of the charge for the additional 555.90 linear feet of pipeline ($25, 988.33) and a temporary
access area for 120 days from the execution by the City of this Agreement ($4,000.00).
3.
If the pipeline is not installed within one (1)year from the date of execution by the
City of this Amendment,the License Agreement(D208308811) and this Amendment shall
be null and void and the City shall not be required to reimburse payment.
4.
All other provisions of the Agreement which are not expressly amended herein shall
remain in full force and effect.
EXECUTED on this the�- day of Lk�41 12010.
CITY OF FORT WORTH:
Attested by:
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Fernando Costa ° d
�i�{/=ono May Hendrix, 'ty �y p�o
Assistant City Manager Secretary Fo 0�0.
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Approved as to Form and Legality: L' ' ` 3s % o0 00 �
Con+--Ae,t authorization ��* 00000000°0 �y
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Melinda Ramos -
Assistant City Attorney
TEXAS MIDSTREAM GAS SERVICES, L.L.C.
an Oklahoma limited liability company
Robert S. Purgason
Chief Operating Officer
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the
State of Texas, on this day personally appeared RQoj le- IL rWI)n Gr , known to me to
be the person whose name is subscribed to the foregoing instrument, and acknowledged
to me that he/she executed the same for the purposes and consideration therein expressed,
as the act and deed of the CITY OF FORT WORTH, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of , 2010.
gin'! EVOMIA DAMIEIS -
P '= MY COMMISSION EXPIRES
July 10,2013 Votary Public, State of Texas
STATE OF OKLAHOMA
BARBARA S.GUSKIN
COUNTY OF OKLAHOMA § j SE"L Notary Public''•,.�8�^:� State of Oklahoma
Commission*09007061 Expires 08/24113
BEFORE ME, the undersigned authority;-a Notary-Public in and for the
State of Texas, on this day personally appeared Robert S. Purgason, Chief Operating
Officer of TEXAS MIDSTREAM GAS SERVICES, L.L.C. known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed, as the
act and deed of TEXAS MIDSTREAM GAS SERVICES, L.L.C. and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL O FFt this ly'� day
OfL , 2010.
��-I/ • `P: 4ort a Pub C. , tate of Oklahoma
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_ _, 3
M&C Review Pagel of 2
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FORT Wo RT H
COUNCIL ACTION: Continued on 3/2/2010 - Continued Until 4/6/2010
CONTINUED FROM A PREVIOUS WEEK
DATE: 2/23/2010 REFERENCE NO.: L-14935 LOG NAME: 06TMGS NE
LANDFILL
CODE: L TYPE: NON-CONSENT PUBLIC NO
NO
SUBJECT: Authorize the Execution of an Amendment in the Amount of$29,988.33 to City Secretary
Contract No. 37369 with Texas Midstream Gas Services, L.L.C., for Additional Length of
Natural Gas Pipeline and Temporary Access Across City-Owned Properties in the Preston
Witt Survey and William C. Trimble Survey Known as the Northeast Landfill Property
Located at 6991 Randol Mill Road (COUNCIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to authorize the execution of an
amendment to City Secretary Contract No. 37369 with Texas Midstream Gas Services, L.L.C., for
additional length of natural gas pipeline across City-owned properties in the Preston Witt Survey and
William C. Trimble Survey known as the Northeast Landfill property at a cost of$25,988.33 and
temporary access at a cost of$4,000.00 for a total amount of$29,988.33.
DISCUSSION:
On March 4, 2008, (M&C L-14486) the City Council approved an Underground Pipeline License
Agreement(Agreement)with Texas Midstream Gas Services, L.L.C., for 601.65 linear feet of 20 inch
diameter natural gas pipeline within a 25 foot wide strip of land across the Northeast Landfill property
for a term of 20 years. No pipeline was constructed in the license tract and Texas Midstream Gas
Services, L.L.C., has requested a change to the Agreement to move the location of the license tract
to the north of the existing approved license tract. The changed pipeline alignment will allow for an
additional 555.90 linear feet of 20 inch diameter natural gas pipeline within a 20 foot wide strip of land
across the properties (0.393 acres, more or less)for the remaining term of 18 years. The total length
of pipeline will be 1,157.55 linear feet. For initial construction, a temporary construction workspace
parallel abutting and contiguous to the south and west sides of the license tract (0.498 acres, more or
less) and additional workspace of variable width across the north side of the license tract(0.805
acres, more or less) shall be granted as part of the Agreement. Additionally, temporary access for
construction vehicles will be granted across the property on an existing unpaved roadway in the
amount of$4,000.00 for a period of 120 calendar days.
Texas Midstream Gas Services, L.L.C., has already paid the fee of$27,074.25 for the original 601.65
linear feet of pipeline. The company has agreed to pay the City the standard fee of$46.75 per linear
foot of pipeline for the additional 555.90 linear feet of pipeline and use of the property for the
remaining term of 18 years at a cost of$25,988.33 and $4,000.00 for the temporary access for 120
days for a total cost of$29,988.33.
Texas Midstream Gas Services, L.L.C., will be responsible for repairing and restoring any damage to
the strip of land or surrounding property including the temporary access area resulting from the
construction of the pipeline or use of the unpaved roadway.
There are no residentially zoned and used properties surrounding the area impacted by this license
agreement.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=12990&counciIdate=3/2/2010 5/20/2010
M&C Review Page 2 of 2
The property is located in COUNCIL DISTRICT 4, Mapsco 66K.
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 to the City.
TO Fund/Account/Centers FROM Fund/Account/Centers
C223 446300 201929990200 $29,988.33
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Susan Alanis (8180)
Additional Information Contact: Jean Petr(8367)
ATTACHMENTS
Exhibit 1.pdf
http://apps.cfwnet.org/council packet/mc_review.asp?ID=12990&councildate=3/2/2010 5/20/2010