HomeMy WebLinkAbout2017-10-02-J01N Northern Natural Gas_Firm Throughput Service Agr1�►� Waukee
T■I j� THE KEY TO GOOD LIVING
AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: October 2, 2017
AGENDA ITEM: Consideration of approval of a resolution approving Firm Throughput Service
Agreement Rate Schedule TFX [Northern Natural Gas Company]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: The agreement is the new contract for the 20 year teran. It
is for 4,000 Dthlday and begins November 2017. The delivery point on this
contract changes during the first year and then stays at Waukee 42 for the
duration of the term. This is due to the construction timefrarne.
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
r
REVIEWED BY: John Gibson
PUBLIC NOTICE INFORMATION --
NAME OF PUBLICATION:
DATE OF PUBLICATION:
THE CITY OF WAUKEE, IOWA
APPROVING FIRM THROUGHPUT SERVICE AGREEMENT RATE SCHEDULE
TFX, CONTRACT NO. 132472 [NORTHERN NATURAL GAS COMPANY]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE, IOWA
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 #06-55); AND,
WHEREAS, the proposed Contract No. 132472 is an agreement for a 20-year term beginning
November 2017.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council on this, the 2"�
day of October, 2017, that the Firm Throughput Service Agreement Rate Schedule TFX,
Contract No. 132472 [Northern Natural Gas Company] is hereby approved.
William F. Peard, Mayoi
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
� ; gorthern
14�Natural Gas
Shiuoer's Name and Address for Notices
CITY OF WAUKEE
514 NORTH LINDEN
WAHOO, NE 68066
ATTN. BILL LINDLEY
Contract No.: 132472
Term: From 11/01/2017 to 10/31/2037
Firm Throughput Service Agreement
Rate Schedule TFX
Shiocer's Name and Address for Invoices
CITY OF WAUKEE
514 NORTH LINDEN
WARGO, NE 68066
ATTN: BILL LINDLEY
Date: 09/26/2017
Rates shall be Northern's maximum rates and charges plus all applicable surcharges in effect from time to time under the
applicable Rate Schedule on file with the Commission unless otherwise agreed to by the parties in writing.
This transportation shall be provided pursuant to Subpart G of Part 284 of the Federal Energy Regulatory Commission's
regulations.
The contract maximum daily quantities and primary receipt and delivery points are set forth on Appendix A, and if necessary,
Appendix B.
If made available by Shipper, Northern agrees to receive and deliver thermally equivalent volumes of natural gas as set forth
in this Agreement.
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 THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO WAIVES ANY RIGHT IT
MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT
OF, UNDER OR IN CONNECTION WITH, THIS AGREEMENT. EACH PARTY FURTHER WAIVES ANY RIGHT TO
CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN
WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED.
The parties agree that a facsimile or other electronic version of this document, when properly executed and transmitted, shall
be considered fcr 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 Northern'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.
This Agreement 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 Northern'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.
Any notice, statement, or bill provided for in this Agreement shall be in writing and shall be considered as having been given
if delivered personally, or if mailed by United States mail, postage prepaid, or if sent by express mail, overnight delivery,
telex, telecopy or other mutually agreeable means of electronic transmission, to Shipper when sent to the address set forth on
this Agreement and to Northern when sent to the following.
All Notices/Accounting Matters:
Northern Natural Gas Company
I I I I S. 103rd Street
Omaha, Nebraska 68124-1000
Attn: Customer Services
Fax No.:402-548-5280
Payments to Designated Deoositorv:
Northern Natural Gas Company
U.S. Bank National Association
Account No.105700973255
ABA No. 104000029
1700 Famam Street
Omaha, Nebraska 68102
This Agreement shall incorporate and in all respects shall be subject to the GENERAL TERMS AND CONDITIONS and the
applicable Rate Schedules) set forth in Northem's FERC Gas Tariff, as may be revised from time to time. Northern may file
and seek Commission approval under Section 4 of the Natural Gas Act (NGA) at any time and from time to time to change
any rates, charges or other provisions set forth in the applicable Rate Schedule(s) and the GENERAL TERMS AND
CONDITIONS in Northem's FERC Gas Tariff, and Northern shall have the right to place such changes in effect in
accordance with the NGA, and this Throughput Service Agreement shall be deemed to include such changes and any changes
which become effective by operation of law and Commission Order, without prejudice to Shipper's right to protest the same.
NORTHERN NATURAL GAS COMPANY CITY OF WAUKEE
By:lf rveo". By:
Title: Vice President, Customer Service & Business Title:
Development
Date: 09/2612017 Date:
Northern
Natural Gas
A BE PE W IP E IUTNWd E N EDGY CON MXY
Northern Natural Gas Company
Amendment to TFX Throughput Service Agreement
Shipper Name: CITY OF WAUKEE
Contract No.: 132472 (Agreement)
Amendment No.: 1
Date: 09/26/2017
WHEREAS, Shipper acquired 4,000 Dth/day of firm entitlement at Northern's maximum tariff rates during the Ventura South
generally available capacity open season;
NOW THEREFORE, the Agreement is amended as follows:
1. The volume, terry and/or point provisions are amended as follows:
a. Shipper will realign the primary firm delivery maximum daily quantity of 4,000 Dth/day from Ogden Def. Delivery (POI
98) to the Des Moines IA #IA town border station (TBS) (POI 2777) upon the completion of the Des Moines B-Line
facilities authorized in Docket No. CP17-434, et. al, and from the Des Moines IA #IA TBS (POI 2777) to the Waukee IA #2
TBS (POI 78642) upon completion of the Northern facilities to provide service to the Waukee IA #2 TBS (POI 78642).
b. The contract maximum daily quantities, 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. 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 Northern'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.
3. 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
Northern'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 11/01/2017.
Except as amended herein, all provisions of the Agreement are hereby confirmed by the parties to be and remain in full force
and effect
NORTHERNNATURAL GAS COMPANY CITY OF WAUKEE
By: /,uet%l -4& BY:
Title: Vice President, Customer Service & Business Title:
Development
Date: 09/26/2017 Date:
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