HomeMy WebLinkAbout2017-02-06-Resolutions 17-057_Northern Natural Gas - Throughput Service Agr - AmendmentsTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-057
APPROVING CONTRACT AMENDMENTS TO NORTHERN NATURAL GAS
COMPANY THROUGHPUT SERVICE AGREEMENTS
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IO IYA
WHEREAS,the City of Waukee,Iowa,is a duly organized municipality within Dallas County;
AND,
WHEREAS,on April 3,2006,the City and Northern Natural Gas Company entered into a
Precedent Agreement regarding the construction of a TBS at a location near Granger,and for a
transportation capacity agreement to be executed at a later date (Resolution tt06-55);AND,
WHEREAS,on September 19,2016,the Waukee City Council approved contracts related to
firm transport capacity (Resolution il16-417);AND,
WHEREAS,Northern Natural Gas proposes Amendment No.3 to Contract No.113373,
Amendment No.7 to Contract No.122802,and Amendment No.16 to Contract No.111748,
with said amendments attached hereto as Exhibits A,B,and C.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council on this,the 6'"
day of February,2017,that the Contract Amendments to Northern Natural Gas Company
Throughput Service Agreements is hereby approved.
lliam F P rd,Mayor
Attest:
Rebecca D.Sc uett,City Clerk
ROLL CALL VOTE
Anna Bergman
R.Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R.Lyon
AYE
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NAY ABSENT ABSTAIN
Northeni Nanual Gas Company
Amcnrlmcut to TPX Throughput Service Agreement
Date:01/27/2017
Shippm Name;CITY OF WAUKEE
Contract Nos 113373 (Agreement)
Amendment Nos 3
The above-referenced Agreement is amended as ibllows:
I,The volume,term,and/or point piovisions are amended as follows:
a.The term of the Agmement is extended tin ough 10/31/2022.
b,The contract maximuni daily quantities,primary receipt and delivery points,and terms are set forth on Appendices "A"
and "B."
c.The Appendices to the Agreement are deletrd in their entirety and the Appendices "A"and "B"attached hereto and
incorporated herein by reference nre substituted therefor.All references to Appendix "A"or Appendix "B"shall be deemed to
refer to the Appendices anached hereto.
2.Slapper shall pay Northern's maximum mtes and charges plus all applicable surchmges in effect from time to time.
3.Other Provisions Permitted by Tariff Under the Applicable Rate Schedule and pursuant to Section 58 of the GENERAI.
TERMS AND CONDITIONS of Northern's FERC Gas Tarilpi
TO 'IHE FULLEST EXTENT PERMI'ITED BY LAW,EACH OF THE PARTIES IPERETO WAIVBS ANY RIGHT IT
MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO LITIGATION DIRECTJ Y OR INDIRECTLY ARISINGi OUT
OF,UNDER OR IN CONNECTION WITH,THIS AGREEML'NT.L'ACH PARTY FUKI'HER WAIVES ANY RIGHT TO
CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAJ.FIAS BEEN WAIVED WITH ANY OTHER ACTION IN
WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVFJJ.
4.The parties agree that a facsimile or other electronic version of this document,when properly cxecured anil transmitted,
shall be considered for ag puiposes to be an original document,and shall be deemed for all purposes to be signed and
constitute a binding agreement.The entire agreement must br faxed or transrniued to Nurtlmrn.Upon Northern's acceptance
and execution,an executed copy will be retunied via I'AX to the number appearing on the faxed offer or such other number
as directed or otherwise electronically transmitted.
5.This Agreement,as amended,constitutes the entire agreement between the parties with respect to the subject matter of
this Agreement and shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors
and Msigris.No promises,agtuements or warranties additional to this Agreement other than as may bc contained in
Northern's FERC Gas Tariff will be deemed to be a part of this Agmment nor will any alteration,amendment or
modification be effective unless confirmed in writing by the parties.
The effective date of this Amendment is 11/01/2017.
Except as amended herein,all provisions of the Agreemrmt are hereby confirmed by the parties to be and remain in full force
and effect.
NORTHERN NATURAE trAS COMPANY
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Titie:Vice President,Busbress Development
Date:01/27/2017 "
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Natural Gas
Northern Natural Gss Company
Amendment to Tl'Throughput Service Agreemcnt
Date:0 I/27/2017
Shipper Name:CITY OF WAUKEE
Contmct Nou 122802 (Agreement)
Amendment Nou 7
The above-referenced Agreement is atuended as follows:
1.The volume,term,and/or point provisions tuu amended ss follows:
a.The term of the Agreement is extended through 10/3 1/2022.
b.The contract maximum &hsily quantities,prhnary receipt and delivery points,and terms are set forth on Appendices "A"
and "B."
c.Thc Appendices to the Agreement are deleted in their entirety and the Appendices "A"and "B"attached hereto and
incorpomted herein by reference are substituted therefor.All refetcuces to Appendix "A"or Appendix "B"shall be deetrrcd to
refer to the Appendices attached hereto.
2.Shipper shall pay Northenys maximum rates and charges plus all applicable su&charges in effect from ume to time.
3.Other Provisions Permitted by Tariff Under the Applicable Rate Schedule and pursuant to Section 58 of the GENERAL
TERMS AND CONDITIONS of Northern's FERC Gas Tariff:
TO TIIE kTJLLEST EXTENT PERMITCED BY LAW,EACH Ol'THE PAPTIES IIERETO WAIVES ANY RIGHT IT
MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO I.ITIGATION Dlil ECTLY OR INDIRECTLY ARISING OUI'
OF,UNDER OR IN CONNECTION WITH,17IIS AGREEMENT.EACH PARTY FURTHER WAIVES ANY RIGHT TO
CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL IIAS BEEN WAIVED WITH ANY OTHER ACTION IN
WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED
4.The parties agree that a facsimile or other electmnic version of this document,when properly executed and tnmsmitu",d.,
shall be considered for all purposes to be an original document,and st&all be deemed for all purposes to bc signed and
constitute a binding agreement.The entire agreement must be faxed or trsnsmittml to Northern.Upon Northern's acceptan "e
and execution,an executed copy will be returned via FAX to the number appeating on the fsxed offer or such other nu&nber
as directed or otherwise electronically tmnsmitted.
5.This Agreement,as amended,constitutes the enure agreement between the pmties with respect to tbc subject matter ot'
this Agreement and shall be binding upon and shall inure to the bmtefit of the parties hereto and their respective successor.
and assigns.No promises,agreements or wa&mntias additional to this Agreement other than as may be contsine&l in
Northern's FFRC Gas Tariff will be deemed to be,a part of this Agreement nor will any alteration,anmndment o&
modification be effective unless confirmed in writing by the parties.
Thc elfestive date ol'this Amendment is 11/01/2017.
Except as runcnded herein,alt provisions of the Agrcx:ment are hereby conftnned by the parties to b«and remain in full force
and effect.
NORTHERN NA'IURAL GAS COMPAN Y
By;~
Title:Vice President,Business Development
Date:01/27/2017 »fo'int7
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Northern Natural Gas Company
Amendment to TF Throughput Service Agrcemcnt
Date:01/27/2017
Shipper Name:C1TY OF WAUKEE
Connuct Nou 111748 (Agreement)
Amendment Noc 16
The above-refercttc&xl Agrecmcnt is amended as follows:
1.The volume,tenn,and/or point pmvisions are amended as follows:
a.The term of the Agreement is extended through 10/31/2022.
b.Thc contract maximum daily qutmfitics,primary receipt and delivery paints,and terms ato sct forth on Appendices "A"
and "B."
c.The Appendices to the Agreement are deleted in their entirety and the Appendices "A"and "B"attached hereto and
inoorporatcd herein by reference sre substitute&i therefor.All references to Appendix "A"or Appendix "B"shall bc deemed to
rct'cr to the Appendices attached hereto.
2.Sldppcr shall pay Northern's maximum mtes and charges plus all applicable surcharges in effect from time to time.
3.The parties agree tlmt a facsimile or othor electmnic vemion of this document,when properly executed and tmnsmitted,
shall be considered for all purposes to bc an original document,and shaii be deemed for all purposes to be signed and
constitute a binding agreement.The entire agreement must bo faxed or tmnsmitted to Northern.Upon Northern's acceptance
and cxccutioru an executed copy will be returned via FAX to the nuntber appearing on the faxcd offer or such other number
as directed or otherwise electronically transmitted.
4.Tlds Agreement,as anrended,constitutes the entire agreement between the parties with respect to the subject matter of
this Agreement and shall be bindhug upon and shall inure to the beuctit of the paries hereto and their respective succrraom
and sssihnts.No promises,ngreemcnts or warranties additiorud ro this Agrcemcnt other than as may be contsincd in
Northcvn's FERC Gas Tariff will be deemed to be a part of this Agrecntcnt uor will any alteration,amendment or
modification be effective unless confirmed in writing by the parties.
The effcrtive date of this Atncndmcnt is 11/01/2017.
Except as amended her;in,all provisions of thc Agtuemcnt are hcmby confirmed by the parties to be and remain in full force
and effcct
NORTHERN NATURAL GAS COMPANY
By.~~~M
Title:Yice President,Business Development
Data:01/27/2017
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