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HomeMy WebLinkAbout2017-10-02-Resolutions 17-466_Northern Natural Gas TFX - Throughput Service AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 17-466 APPROVING AMENDMENT NO.1 TO TFX THROUGHPUT SERVICE AGREEMENT,CONTRACT NO.131011 [NORTHERN NATURAL GAS COMPANY[ IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,ION'A WHEREAS,the City of Waukee,Iowa,is a duly organized municipality within Dallas County; AND, WHEREAS,on September 19,2016,the Waukee City Council approved Contract No.131011 with Northern Natural Gas related to additional firm capacity in Northern Natural Gas's pipeline (Resolution ¹16-417);AND, WHEREAS,Northern Natural Gas proposes Amendment No.1 to Contract No.131011,with said amendment attached hereto as Exhibit A. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council on this,the 2" day of October,2017,that Amendment No.1 to TFX Throughput Service Agreement,Contract No.131011 [Northern Natural Gas Company]is hereby approved. il iam .Peard,Mayor Attest: Rebecca D.Sc uett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AYE X X X X NAY ABSENT ABSTAIN Norrheiu Na'ural Fias Company Amendment to TFX Througiiput Service Agreement Date;09/26/2017 Shipper Name:CITY Oi'WAfSKFE Contmct iNox 131011 (Agrccmeutj Amendment Nox I The above-reibiunced Agmcmcnt is amer.ded as foflowm I,The volume,term,and/or point provisions are amended as follov's: a.The tenn of the Agmement is extended thruuilh 03/31/2022. b.The contract maximum daily quantities,primaty receipt and delivery points,and tenne are set Forth on Appendices "A" and "B." c.The Appendices to the Agreement are ileleted in their entirety and the Appendices "A"and "B"attached hereto and incorporated herein by reference are substituted therefor.Ail references to Appendix "A"or Appendix "B"shall be deenied to refer to the Appendices attached hereto. 2,Slipper shafi pay Northcm's maximum rates and charges plus ag appiicable surcharges in effect from tints to umc. 3.The parties agree that a facsimil«or otiicr electronic version of'this document,whmi properly executed and transmitted, shall be considered for afi purposes to be an original decument,and shafi be deemed for ag purposes to be sigiwd and constitute a binding agreement.The entim agreemeut must be faxed or transmitted to Noithem.Upon Noithem's acceptance snd execution,an execined copy will be returned via FAX to the riumber appearing on thc Faxrd oifer or such other number as directed or otherwise elcctrordcafiy transrnined. 4.This Agreement,as amended,constitutes the entire agreement between the parties with respect to the subject maner of this Agreement and shag be binding upon and shafl inure to the benefi of the parties hereto and their respective successors and assigns.No promises,agreements or warmnties additional to this Agreement other than as nmy be contained in Northern's I'ERC Gas Tariff will be deemed to be a part of this Agreement nor will any alteration,amendment or modiTication be eff«ctive mdess confirmed in wnnng by the parties. The effective date of this Amendmcnt is 04/01/201g. Except as amended herein,a!1 provisiom of the Agreement ar hereby confirmed by thc parties to be and remmn in fufi force and effect. NriRTI11!IIN NATURAL GAS COMPANY By:~~ Title:Vice President,Customer Service k Business Development Date:09/26/2017 CITY 0 'WAUKEE By; Tide:Isrtt/ Dine.Jfs/Orf//Alii Z Z 8 I l C K i! U 'J p O 4 f- 'G) I S G 8 10 O 0 1 tA I 4 r CG 5 ?O)0 CZ Z i =:—'s -C 2 E .J A 0 8 C t z V P- L '5 a,Q V R g 0 CI X Q