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HomeMy WebLinkAbout2017-10-02-J01M Northern Natural Gas_TFX Throughput Service Amend 1�1►� Waukee i■f r THE KEY TO GOOD UViNG F[e1lie I.7.010 Wu.S CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: October 2, 2017 AGENDA ITEM: Consideration of approval of a resolution approving Amendment to TFX Throughput Service Agreement [Northern Natural Gas Company] FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The agreement is to extent the existing contract that is currently in place through March 31, 2022. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Agreement PREPARED BY: Beth Richardson REVIEWED BY: John Gibson/--r PUBLIC NOTICE INFORMATION — NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 17- 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 WA UKEE, IOWA 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 #16-417); 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"d day of October, 2017, that Amendment No. 1 to TFX Throughput Service Agreement, Contract No. 131011 [Northern Natural Gas Company] is hereby approved. William F. Peard, Mayor Attest: Rebecca D. Schuett, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Brian Harrison Shelly Hughes Larry R. Lyon Northern Natural Gas • eenm xiu wmnw,w we frov m"w"r Northern Natural Gas Company Amendment to TFX Throughput Service Agreement Date: 09/26/2017 Shipper Name: CITY OF WAUKEE ContractNo.: 131011(Agreement) Amendment No.: 1 The above -referenced Agreement is amended as follows: 1. The volume, term, and/or point provisions are amended as follows: a. The term of the Agreement is extended through 03/31/2022. b. The contract maximum daily quantifies, primary receipt and delivery points, and terms are set 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 incorporated herein by reference are substituted therefor. All references to Appendix "A" or Appendix "B" shall be deemed to refer to the Appendices attached hereto. 2. Shipper shall pay Northem's maximum rates and charges plus all applicable surcharges in effect from time to time. 3. The parties agree that a facsimile or other electronic version of this document, when properly executed and transmitted, shall be considered for all purposes to be an original document, and shall be deemed for all purposes to be signed and constitute a binding agreement The entire agreement must be faxed or transmitted to Northern. Upon Northem's acceptance and execution, an executed copy will be returned via FAX to the number appearing on the faxed offer or such other number as directed or otherwise electronically transmitted. 4. 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 assigns. No promises, agreements or warranties additional to this Agreement other than as may be contained in Northem's FERC Gas Tariff will be deemed to be a part of this Agreement nor will any alteration, amendment or modification be effective unless confirmed in writing by the parties. The effective date of this Amendment is 04/O112018. Except as amended herein, all provisions of the Agreement are hereby confirmed by the parties to be and remain in full force and effect NORTHERN NATURAL. GAS COMPANY CITY OF WAUKEE By: �Gwg . By: Title: Vice President, Customer Service & Business Title: Development Date: 09/26/2017 Date: Vbl N � VOj O M LYl M `D z zzz0 0 0 0 O O b O O 6 O O Vt V1 of N n n h n h N h N n n n n N N ul V! C^ Q ~ w a D � O O q 3 U w pv� , a ti cl a n .-. N �. O .�-� p v01 h N F Ve1 F M1 b Fjil � O h l� O h R O � h 00o O z zzz � � o e e e 8a� � � o e e o e e x o a' s� e e J � O 7 � o 0 0 � o 0 0 A `j o 0 0 0 4j$� i � V� N Q h t` I` O v+ O n O �n ,$ h r c� w o h e h o y „ c- F n 0 F $ w 3 N � o �3 o r V Q U �� w° ��i W O �UQ u � t 3 � � � ° [-. ° �v �j p¢ w � � 3 N 3 F tt � � � a � .� w Q IL F ;� w � !+ w !] S 0 N W 0.