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1988-1842541L NO AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE A CASH DEPOSIT GAS PIPING CONTRACT WITH LONE STAR GAS COMPANY, AND PROVIDING FOR AN EFFECTIVE DATE SECTION I That the Director of Public Works is hereby author ze to execute a Cash Deposit Gas Piping Contract with Lone Star Gas Company for an extension of gas piping to serve the City of Denton Animal Shelter, a copy of said contract being attached hereto and incorporated by reference herein SECTION II That the City Council hereby authorizes the expen tu~funds in the manner and amount as specified in the agreement SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the /~~day of 1988 RAY ST H N OR ATTEST (1-11 )y 'LTER , CITY SC ETARY APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY DATE NOVEMBER 15, 1988 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT PURCHASE REQUEST 107063 TO LONE STAR GAS COMPANY RECOMMENRATION We recommend the Purchase Request to Lone Star Gas in the amount of $11,131 00 be approved SUMMARY This Request is for a Purchase Order indicating approval and acceptance of the attached contract The contract is for the extension of gas piping 1,835' along Woodrow/and to serve the Animal Shelter BACKGROUND Request #107063; Cash Deposit Gas Piping Contract from Lone Star Gas PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Animal Control FISCAL IMPACT The initial payment will come from Animal Shelter Bond Funds Account #430-004-020M-9206 Please note that the City of Denton will be refunded at the rate of $5 57 per Mcf of gas used during the first 12 months Lloyd VC/Harrell City Manager Prepared by Name TOM D SHAW Title ASSISTANT PURCHASING AGENT Approved f-~-- ame MARSHALL tle URCHASING AGENT EcFIV E NOV 10 1988 CI FY OF DENTON LEGAL DEPT 009 DOC o- f x ~ ~ ( f Y!~ ~ k7 J i R , K ¢ 1Y t ' m ! 4 e~ d * P p K ~ ~ E t % k k a I . i 4 t p ' § S f.3 q tK .d ii~ ~ iAk }~'J S f { t ~ y t f f N ky 't dS r y S t x R '~u } ' ~ ' ~ f ' ~ t o y k ; 4 ~$t i ~@ 'i a~iKS k i:F'!3S > t t $ n P U A W N 1g~ a42 f Y i S t 44 £ q E c A fl ~di{ 'h'4~p~ Pg ~.N ~ ~?iru* d 0 9 fi i k y J~. h ~ k7,+cb ~ $ a atTVr t, N N GQ,~ `F V 3 ~ ~ ~ d y~ 4 L i i'~ 4 S ~ 5 k L't L S'^~ ~ `t• '~V ~ ~F~. k I A t~~Y G ~ td, 4 'l I 5 yr~y,eS :S ~ 1Y 1 ~ 4 1i x ~ 4 f 4 ~ J #Fl {1 3 t i R ` Y .N 2e Yl y t ~X { jam) V x ~ y% $y ~ 8 N u X ti y R p` V O C D . ~V P o Sm it P U A W N Z` J 8 6 ~ s AINO 3Sf1 ONtSVHDand DOA SV3VV 03N33a:)S mc c n O T lu ol z D N n~~w1 ~y T I-` O TO V I W VAM 1819 3/87 CASH DEPOSIT GAS PIPING CONTRACT (Commercial Form) THIS AGREEMENT WITNESSETH that LONE STAR GAS COMPANY (hereinafter called COMPANY ) and CITY OF DENTON - ANIMAL SHELTER (hereinafter called APPLICANT ) of 215 E MCKINNEY, DENTON, TEXAS County Texas in consideration of these premises and of other valuable consideration hereby acknowledged do agree as follows (1) That Company will extend its gas piping as follows In Woodrow Lane south of East McKinney to serve the Animal Shelter, in the City of Denton, Denton County, Texas a total distance of 1835 feet (said piping and any necessary appurtenances are hereinafter referred to as PROJECT ) The route of said gas piping is shown as Exhibit A hereto attached and hereby made a part hereof (2) Without any right to refund except solely as provided in paragraph (3) hereof Applicant will pay to Company $ $11,131 00 _ in advance (said amount being the net amount for said project) (3) For the first twelve (12) months only for which gas bills have been incurred and paid Company agrees to refund to Applicant 5_57 for each Mcf of gas consumed by customers directly connected to the piping installed hereunder provided however no refund shall accrue for any gas consumed after the term of this Agreement set out below If a gas consumer has not been connected to Company s system for a sufficient time to have incurred twelve (12) monthly bills within the three (3) year contract term the yearly net gas bill for the purpose of computation of the additional refund provided in the preceding sentence of this paragraph shall be estimated by Company on the basis of information furnished by the consumer covering consumers operations and estimated annual gas consumption (4) It is expressly agreed and understood that the aggregate of all refunds hereunder shall never exceed the original amount of the contract It is understood that no refund or repayment will be made for any consumer not connected directly to the Project covered by this contract and after the expiration of the three (3) year contract term no further refunds or repayments shall be made by Company to Applicant (5) The Company s obligation to construct the gas piping provided for herein will be carried out with all reasonable expedition subject to applicable laws rules and regulations of governmental authorities and to any delay occasioned by force majeure or events or conditions of whatsoever nature reasonably beyond Company s control (6) Company shall not be obligated to commence the construction herein specified or to continue such construction after it has com menced unless and until (a) Applicant has caused the right of way for the project to be clearly staked on the ground 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 way has been furnished Company free of charge on Company s standard form of easement it over private property or through a dedicated utilities easement (7) In the event any pavement sidewalks or other obstructions are constructed along or across the route of the mains provided for herein subsequent to the date of the survey on which expenses incurred hereunder are based and prior to sixty (60) days after the date of this contract and which construction will result in an increase in cost to Company in the construction of the mains provided for herein Com pany may at its option cancel this contract and neither party shall thereafter have any obligation hereunder other than Company s obligation to refund Applicants deposit without interest (8) Applicant understands that Company shall not be obligated or required to construct the Project contemplated by this agreement in advance of and prior to the construction of piping covered by contracts and authorizations which were entered into by Company prior to the dale of this agreement or piping required to be constructed by the provisions of Company s franchise or construction required to maintain existing service (9) Title to said piping including appurtenances connections thereto and extensions thereof and including the right to use operate and maintain same shall forever be and remain exclusively and unconditionally vested in Company its successors and assigns FORM 3042 4/82 M R 1 A IV LONE STAR GAS COMPANY Inside C/L ❑ R/W P cxsea 1 ❑ Outside C/L Sketch of I ~:...ad f Project LOCATION ~E[JTOAl city or town TOWN PLANT (1f other than location) SCHOOL DIST Wallasa Tarranr Counties) Q Q V I u SUMMARY OF PIPELINE CHANGES IN DISTRIBUTION PLANTS 7_-696 00 J 3 I r° ABANDONED II WAREHOUSE II NEW INSTALLATION Size Kind Feet Size Kind Feet Size Kind Feet Co No A9 4 Region Sd ER/Rft NO 8-~« D MAP SHEET NO (s) 4/ .,r &I 4Z6 Original ER No or Date of Installation for replacement and retirement projects only Date of this report p IN. ZZ 7- a a By 2bC1 A I5 _ ~ -