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R-98-01-08-10D - 1/8/1998 RESOLUTION NO, R-98-01-08-10D WHEREAS, the City is constructing a new addition for the library, and WHEREAS, it is necessary to remove and relocate gas lines in the alley behind t:he library for the new addition, and WHEREAS, Lone Star Gas has agreed to relocate gas lines in accordance with the terms of a proposed Gas Main. Relocation Agreement "Agreement"l , and WHEREAS, the Council wishes to approve said Agreement, 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 an Agreement with Lone Star Gas for the relocation of gas lines in the alley behind the library for the new addition, a copy of said Agreement being attached hereto 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, and the Act, RESOLVED this 8th day of Januaf� 1 980 CHARLES C L PPER, Mayor AT ST: Q City of Round Rock, Texas J E LAND, City Secretary K\-C5\R650-1\RS801080.WPD/-q GAS MAIN RELOCATION AGREEMENT THIS AGREEMENT, WITNESSETT, that LONE STAR GAS COMPANY (hereinafter called "COMPANY" and tho City of Round Rock hereinafter called "APPLICANT") )f Williamson County, Texas, in consideration of these premises and of other valuable consideration hereby acknowledged, do agree as follows: (1) That Company will relocate its gas main as follows: Relocate our 3 inch and 4 inch gays main around the proposed expansion site of the Round Rock Library for a a total distance of approximat:nly 460 feet for each pepeline (hereinafter referred to as "MAIN RELOCATION'), The route of said Main Relocation is shown on Exhibit "A" hereto attached -.tnd hereby made a part hereof. (2) Applicant will pay tc Company $ 33.191.10 in advance (said amount being the estimated cost of the proposed main relocation after allowing $ 1 for o feet of main. If: (a) The actual. cos:: of constructing said relocation exceeds this estimated cost, Applicant agrees to pay the difference upon receipt of Compa.iy's invoice. (b) the actual cost of constructing said relocation is less than this estimated cost, C mpany agrees to refund the difference. No other refund whatsoever will be made. (3) The Company's obligati.on to construct the Gas Main Relocation provided for herein will be carried ott with all reasonable expedition, subject to applicable laws, rules and regtlations of governmental authorities and to any delay occasioned by force majeure or events or conditions of whatsoever nature reasonable beyond Company's con::rol. (4) Company shall not be. obligated to commence the construction herein specified, or to continue such construction after it has been commenced, unless and until: (a) Applicant has paused the right-of-way for the Main Relocation to be clearly staked on the grotnd by a registered engineer; (b) such right-of- way has been reduced to final grade and cleared of all obstructions of any kind; and (c) all necessary right-of-pay has been furnished Company free of charge on Company's standard form of easement if over private property or through a dedicated utilities easement. (5) In the event any ::)avement, sidewalks or other obstructions are constructed along or across ':.he route of the mains provided for herein, 12,04/99 00:55 'dl 5122449115 LORE STAR GAS 1Ui.004 subsequent to the date of the survey on which the prices to be paid hereunder are based and prior to ninety (90) -lays a°ter the date of this contract, and which construction will result in an _nerease in cost to Company in the construction of mains, provided for herein, Company may, as its option, cancel this contract and neither party shall thereafter have any obligation hereunder. (6) Applicant understands that Company shall not be obligated or required to construct the Main Relocation contemplated by this agreement in advance of and prior to the construction of maims covered by contracts and authorizations which were entered into by Company ->rior to the date of this agreement, or main required to be constructed b( the provisions of Company's franchise or construction required to mainta_n existing service. (7) Title to said Main Re Location, including its pipes and appurtenances, connections thereto and extens;.ons thereof, and including the right to use, operate and maintain same, s:iall forever be and remain exclusively and unconditionally vested in Compatry, its successors and assigns. (9) Construction must start within ninety (90) days of the effective date of this contract and shall have io obligation except to refund to Applicant the sum of money paid to Company —ter the provisions of this agreement. (9) If this contract is n.3t executed and returned by Applicant along with his check for the amount 0f the -leposit within thirty (30) days of its effective date, the contract may be voidec by Company at its option, by notice in writing sent to Applicant within fiftee:i (15) days after receipt by Company. This contract is effective the day of 19 APPLICANT LONE STAR GAS COMPANY i By J� �w By Title l� 17 ����L Title 12/04/97 00:54 'al 5122449115 LONE STAR GAS 14 002 LONE STAR GA,.� COMPANY 3110 N.IH-35•ROUND Rocx,TExm 78E S1•512-244-1217•F-AX:512-244-91I5 December 4, 1997 Larry Madsen Public WorLs C'onstrnction Manager City of Round Rock 2008 Fnterprise Round Rnck Texas 78664 Dear Dear Mr.Madsen: Attached is a copy of the contract for L.[c relocation of our facilities for the Round Ruch Library expansion.Please review these and call:ne with your comments. I will need some information on the first page regarding who the name of the contract will be in. Sincerely, Jexry Spinks Project Coordinator DATE: December 22, 1997 SUBJECT: City Council Meeting,January 8, 1998 ITEM: 10D. Consider a resolution authorizing the Mayor to execute a contract with Lone Star Gas Co.to remove and relocate gas lines in the alley for the Library Construction and Remodeling Project. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: MEMORANDUM DATE: December 19, 1997 TO: Dale Ricklefs FROM: Larry Madsen Dale, Attached is a proposal contract from Lone Star Gas to relocate the gas lines in the alley behind the library. There are two gas lines that have to be removed prior to construction of the new library addition.1 have worked with Lone Star Gas to try to get the best price possible for this work. Jerry Spinks of Lone Star Gas negotiated this price with his contractor after receiving proposals.