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Home My WebLink AboutRes 08-31 Authorizing an Agreement with Atmos EnergyTOWN OF WESTLAKE RESOLUTION NO. 08-31 AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH ATMOS ENERGY FOR THE RELOCATION OF APPROXIMATELY 775 FEET OF GAS LINE LOCATED ON THE CIVIC CAMPUS ON BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, the Board of Aldermen finds that the gas utility relocation work benefits the public; and WHEREAS, the Board of Aldermen finds that the gas utility relocation work is necessary for the Westlake Academy expansion project; and WHEREAS, the Board of Aldermen finds that funding is necessary for the gas utility relocation work; and WHEREAS, the Board of Aldermen finds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. ' THAT, the above findings are hereby found to be true and correct and are incorporated herein in the entirety. SECTION 2. THAT, the Board of Aldermen of the Town of Westlake, Texas, hereby approves the agreement with Atmos Energy relating to the relocation of approximately 775 feet of gas line located on the Civic Campus, as attached agreement and further authorizes the Town Manager to execute said agreement on behalf of the Town of Westlake, Texas. PASSED AND APPROVED ON THIS 19`x' DAY OF MAY 2008. ATTEST: Sutter; TRMC, Town Secretary APPROVED AS TO.FORM: L. Canton L , To ttorney Laura L. Wheat, Mayor r11*�:�irrl Rev. 10/25/04 RELOCATION AGREEMENT Project No 080. Atmos Energy Corporation, a Texas and Virginia corporation ("Company") and the Town of Westlake ("Applicant"), whose address is 3 Village Circle, Suite 202 / Westlake, Texas 76262, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, agree as follows: 1. Company will relocate its gas pipeline facilities located at The Westlake Academy, in Westlake, Tarrant County, Texas, approximately 775 feet (the "Project"). The approximate position of the relocation is shown on Exhibit "A," attached and made a part hereof. 2. Upon execution of this Agreement, Applicant will pay to Company $26,297.36 as compensation for the relocation of Company's gas pipeline facilities, without any right to refunds or credits. 3. Company's obligation to undertake the Project is subject to applicable laws, rules and regulations of governmental authorities and to any delay occasioned by force majeure or events or conditions of whatever nature, which are reasonably beyond Company's control. Applicant understands that Company will not be obligated or required to undertake the Project prior to the construction of projects covered by contracts and authorizations that were entered into by Company prior to the date of execution of this Agreement by Company (the "Effective Date"), the construction of projects required to be constructed by the provisions of Company's franchise or construction or repair required to maintain existing service. Applicant will satisfy all of the conditions of this Agreement within 60 days from the Effective Date, or Company may, at its option, cancel this Agreement and return Applicant's payment without interest. Thereafter, neither party will have any obligation hereunder. 4. Applicant will be responsible for any landscape restoration work required after Company has completed the Project. 5. Company may terminate this Agreement at any time if, in Company's sole discretion, it determines that the Project is no longer economically or technologically feasible. If Company so terminates the Agreement, Company will return Applicant's payment, less any amounts expended by Company for the Project, and thereafter, neither party will have any further obligations hereunder. 6. Title to the Project, including appurtenances, connections thereto and extensions thereof, and including the right to use, operate and maintain the same, will forever be and remain exclusively and unconditionally vested in Company, its successors and assigns. 7. Applicant will be responsible for any additional costs incurred by Company because of Applicant's failure to perform any of the obligations required of Applicant under this Contract. 8. THIS CONTRACT WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, IRRESPECTIVE OF ANY CONFLICT OF LAWS PROVISIONS. 9. This Contract constitutes the final expression of agreement between the parties and parol or extrinsic evidence is inadmissible to explain, vary or contradict the express terms of this Contra t. 10. In no event will either party be liable to the other or any third party for any incidental, ecial, indirect, consequential, punitive or exemplary damages that might occur as a r,sult o elating to, or arising out of each party's obligations under this agreement. �� Town of Westlake By: Printed Name: Thomas E. Brymer Atmos Energy By: Printed Name: Wylie Title: Town Manager Title: Project Manager Date: May 19, 2008 Date: May 19, 2008 - - - 02 PPV isE1 GT d TELE ESMT RKfENnR WESTLAKE ACADEMY RELOCATION 56+34 INSTALL 775'-3" POLY II IP GAS MAIN. ABANDON 565'-3'r POLY II IP GAS MAIN. �•+. 'rpk ' 55 -54 -NI e ' e ei 27'PUBLIC ACCESS EASEMENT 27'PUSLIC.ACCE55 EASEMENT h 10' GAS ESMT WESTLAKE ACADEMY RELOCATION rF 4484 -MB Legend Distribution [Gas distribution] - Main.Existing High Pressure Route Main.Existing Intermediate Pressure Route -- Main.Existing Low Pressure Route - - - Main.Proposed Intermediate Pressure Route Abc Der Main Plus Annotation.Annotation Point Objects [Gas_distribution] Abc Der Flow Control Device.Annetation Flow Control Device.Existing Location Ab. Der Valve.Annotation e Valve. Existing Location -Open Cathodic Protection [Gas _distdbution] Q CP Test Station.Existing Location Map Annotations [Gas_distribution] Abe Der Gas Note.Censtruetien Annotation .�;mos GAS CONSTRUCTION PRINT energy PROJECT NO. SHEET I OF 1 PROJECT Wylle, Jeffrey C DATE 0510612008 MANAGER (Project SCALE 100 PHONE MAPSCO 10-K 0 2005 Atmos Energy EEap., dralT omniwGm Ia dela lPmd hhxiss br the lot t.. W, eetjneiecpipenc atmess Enaa�wllle sake gaetl fatth eaelb lo„ oulds pmeu�s anal a,e tree ymm ermprp, hul dews wl my ep'.aeclildya% sc PrW [ueprovidadb Wnr panles byaAleon�Y'�ireyyand ere Wotrt ndedb�pa MIns iecp99ian[,�ane Narecipppeeba .Areas nclb tluparale wtlia4lhula Na pmduntiorTay Th�re 11.11 fedher egra.a to holtl hermdlhesa aM P-lyAlmds En an y eAeI I Nrtloa Ere csq a1 cbinw, tests, eapansas and damages resulllrg Nam arpradkatd upas snkl Eah3lity tat personal �hareanEarh ar property damage, on aecaunl N any tlekct in Me preparty provided PROJECT NAME WESTLAKE ACADEMY RELOCATION CUSTOMER TOWN OF WESTLAKE ADDRESS OTTINGER ROAD LOCATION WESTLAKE, TEXAS 76262