R-2014-1205 - 3/13/2014RESOLUTION NO. R-2014-1205
WHEREAS, the City of Round Rock wishes to enter into a Relocation Agreement with Atmos
Energy Corporation for the relocation of facilities in connection with the University Boulevard
Widening Project, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City said
Relocation Agreement with Atmos Energy Corporation, a copy of same being attached hereto as
Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 13th day of March, 2014.
ALA N MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
0112 1404, 00293516
EXHIBIT
RELOCATION AGREEMENT
Line L40-2-1
THIS AGREEMENT is between Atmos Energy Corporation ("Atmos"), 5420
LBJ Fwy, 17th Floor, Dallas, Texas 75240, and The City of Round Rock (Requestor),
located at 221 E. Main Street Round Rock, TX, and is effective as of the 27th day of
January, 2014.
RECITALS
1. Atmos owns and operates a 2 - inch diameter natural gas pipeline that
is located Round Rock, TX, in a 30' -wide easement as recorded in Vol.
741, Page 371, Deed Records, Williamson County, Texas (the
"Pipeline").
2. Requestor is currently planning construction activities (RM 1431 @I-35
DDI, Drawing 517-519, Dated 10/2013) that will conflict with the
Pipeline; therefore the Pipeline must be relocated at the actual cost
expense of Requestor.
3. An Atmos replacement 30' wide easement will be provided to
Requestor and must be executed by the landowner prior to relocation of
the Pipeline. Surveyed easement exhibits will be provided by
Requestor.
NOW THEREFORE, in consideration of these recitals and the mutual
promises in this Agreement, the sufficiency of which are acknowledged, Atmos and
Requestor agree as follows:
1. Atmos has prepared a good faith Ballpark Cost Estimate in the amount of
$312,827.12 to relocate the Pipeline and will provide a copy of said estimate to
Requestor.
2. Requestor agrees to pay this estimated amount to Atmos within thirty days
of receipt of the estimate.
3. Within thirty days following receipt of Requestor's payment of the estimate,
Atmos will begin, or cause others to begin, the relocation of the Pipeline.
4. Within 120 days of completion of the relocation of the Pipeline, Atmos will
provide Requestor with a detailed invoice of the actual cost of the relocation of the
Pipeline. If the actual cost is Tess than the deposit, Atmos will refund the difference to
Requestor at the time that invoice is provided to Requestor. If the actual cost is
greater that the deposit, Requestor will return payment of the difference to Atmos
within 30 days of receipt of Atmos Invoice.
5. Neither party to this Agreement may assign its rights or obligations under
this Agreement to any person without the prior written consent of the other party to
this Agreement. The provisions of this Agreement do not impart any rights
enforceable by any person, firm, or organization not a party or an assignee of a party
to this Agreement.
6. Any interpretation of this Agreement or any controversy related to this
Agreement is governed by the laws of the State of Texas.
7. No waiver by either party of any one or more defaults by the other party in
the performance of any provision of this Agreement operates as a waiver of any
future default or defaults, whether of a like or different character.
8. This Agreement represents the entire agreement of the parties concerning
the subject matter contained in this Agreement. No amendment or modification of
this Agreement will be effective unless evidenced in writing signed by both parties to
this Agreement.
SIGNED AS OF THE DATE FIRST WRITTEN ABOVE:
By:
Its:
2
Atmos Energy Corporation
By:
Bob Carroll
Its: Right of Way Manager
STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Bob Carroll, Right of Way Manager for Atmos
Energy Corporation, a Texas corporation, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the
same for the purposes and consideration therein expressed, in the capacity therein stated,
and as the act and deed of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
A.D., 20_.
Notary Public in and for the State of Texas
My Commission Expires:
Print Name:
STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared , known to
me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and considerations
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the day of
, A.D., 20_.
Notary Public in and for the State of Texas
My Commission Expires:
Print Name:
3
NOT
FIJIIV
FXFCIJTFL
(,twaitinQ sienatures from other cities)
COPY
Line L40-2-1
RELOCATION AGREEMENT
THIS AGREEMENT is between Atmos Energy Corporation ("Atmos"), 5420
LBJ Fwy, 17th Floor, Dallas, Texas 75240, and The City of Round Rock (Requestor),
located at 221 E. Main Street Round Rock, TX, and is effective as of the 27th day of
January, 2014.
RECITALS
1 Atmos owns and operates a 2 - inch diameter natural gas pipeline that
is located Round Rock, TX, in a 30' -wide easement as recorded in Vol.
741, Page 371, Deed Records, Williamson County, Texas (the
"Pipeline").
2. Requestor is currently planning construction activities (RM 1431 @I-35
DDI, Drawing 517-519, Dated 10/2013) that will conflict with the
Pipeline; therefore the Pipeline must be relocated at the actual cost
expense of Requestor.
3. An Atmos replacement 30' wide easement will be provided to
Requestor and must be executed by the landowner prior to relocation of
the Pipeline. Surveyed easement exhibits will be provided by
Requestor.
NOW THEREFORE, in consideration of these recitals and the mutual
promises in this Agreement, the sufficiency of which are acknowledged, Atmos and
Requestor agree as follows:
1. Atmos has prepared a good faith Ballpark Cost Estimate in the amount of
$312,827.12 to relocate the Pipeline and will provide a copy of said estimate to
Requestor.
2. Requestor agrees to pay this estimated amount to Atmos within thirty days
of receipt of the estimate.
3. Within thirty days following receipt of Requestor's payment of the estimate,
Atmos will begin, or cause others to begin, the relocation of the Pipeline.
4. Within 120 days of completion of the relocation of the Pipeline, Atmos will
provide Requestor with a detailed invoice of the actual cost of the relocation of the
R-2014-1205
COPY
Pipeline. If the actual cost is less than the deposit, Atmos will refund the difference to
Requestor at the time that invoice is provided to Requestor. If the actual cost is
greater that the deposit, Requestor will return payment of the difference to Atmos
within 30 days of receipt of Atmos Invoice.
5. Neither party to this Agreement may assign its rights or obligations under
this Agreement to any person without the prior written consent of the other party to
this Agreement. The provisions of this Agreement do not impart any rights
enforceable by any person, firm, or organization not a party or an assignee of a party
to this Agreement.
6. Any interpretation of this Agreement or any controversy related to this
Agreement is governed by the laws of the State of Texas.
7. No waiver by either party of any one or more defaults by the other party in
the performance of any provision of this Agreement operates as a waiver of any
future default or defaults, whether of a like or different character.
8. This Agreement represents the entire agreement of the parties concerning
the subject matter contained in this Agreement. No amendment or modification of
this Agreement will be effective unless evidenced in writing signed by both parties to
this Agreement.
SIGNED AS OF THE DATE FIRST WRITTEN ABOVE:
Its: oN.
2
Atmos Energy Corporation
By:
Bob Carroll
Its: Right of Way Manager
STATE OF TEXAS
COUNTY OF
§
§
COPY
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Bob Carroll, Right of Way Manager for Atmos
Energy Corporation, a Texas corporation, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the
same for the purposes and consideration therein expressed, in the capacity therein stated,
and as the act and deed of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
A.D., 20 .
Notary Public in and for the State of Texas
My Commission Expires:
Print Name:
STATE OF TEXAS.§
COUNTY OF W i llAM §
BEFORE ME, the undersigned authoritya Notary Public in and for the State of
Texas, on this day personally appeared MGA In t./ € W , known to
me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and considerations
therein expressed.
GIV N UNDER MY HAND AND SEAL OF OFFICE, on this the 13' day of
, A.D., 20117
;a e$"% SARA LEIGH WHITE
MY COMMISSION EXPIRES
July 11, 2016
Notary Public in and for the State of Texas
My Commission Expires: J 11,2111
Print Name: i be I W 14 i-(9.1
3