06-E ATMOS Reciprocol Agrmt
DRAFT
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING THE
EXECUTION OF A RECIPROCAL AGREEMENT ON DAMAGE TO
DISTRIBUTION FACILITIES BETWEEN THE CITY OF PARIS AND
ATMOS ENERGY CORPORATION, MID. TEX DIVISION; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
F:A TTORNEY\RESWORK\CURRENTI A TMOS Reciprocal Agrmt Res
February 7, 2006
WHEREAS, the City Council has been made aware of the need for a mutual
understanding between the City of Paris and A TMOS Energy Corporation, Mid- T ex
Division, on the most efficient and effective way to handle damages to facilities during
excavation activity; and,
WHEREAS, in order to establish such mutual understanding it is deemed to be in
the best interests of the City of Paris and A TMOS Energy Corporation, Mid. Tex Division
to enter into a Reciprocal Agreement on Damage to Distribution Facilities; and,
WHEREAS, the form of agreement for such mutual understanding attached hereto
as Exhibit A should in all things be approved, and City Manager should be authorized to
execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS:
Section 1. That the findings set out in the preamble of this resolution are hereby
in all things approved.
Section 2. That the Reciprocal Agreement on Damage to Distribution Facilities
between the City of Paris and ATMOS Energy Corporation, Mid-Tex Division be, and
the same is hereby approved in accordance with the terms and conditions of said
agreement attached hereto as Exhibit A.
Section 3. That the City Manager of the City of Paris be, and he is hereby
authorized and directed to execute on behalf of the City of Paris said Reciprocal
Agreement on Damage to Distribution Facilities.
Section 4. That this resolution shall be effective from and after the date of passage.
PASSED AND APPROVED this 13th day of February, 2006.
Curtis Fendley, Mayor
-r
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
John D. Lestock, Assistant City Attorney
"-- -r"
ATMOS
energy
The City of Paris, Texas
P.O_ Box 9037
Paris, Texas 75461-9037
January 16, 2006
Re: Reciprocal Agreement on Damage to Distribution Facilities
The City of Paris, Texas (Cityrrown) and Atmos Energy Corporation, Mid-Tex Division (Mid-Tex)
both operate facilities within the public rights-of-way of Cityrrown. On occasion, our respective
employees damage those facilities during excavation activity. In order to avoid future
misunderstandings concerning the responsibility for the cost of repairing facilities damaged during
excavation activities, Cityrrown and Mid- Tex are entering into this reciprocal agreement concerning
property damage claims.
If Mid-Tex employees damage the facilities owned by Cityrrown within the public rights-of-way of
Cityrrown, Cityrrown agrees to repair the damage to its facilities at no cost to Mid-Tex. Mid-Tex
agrees to notify the appropriate official of Cityrrown as soon as reasonably possible after the
occurrence of such damage.
If Cityrrown employees damage the distribution facilities owned by Mid-Tex within the public rights-
of-way of Cityrrown, Mid-Tex agrees to repair the damage to its facilities at no cost to CitylTown.
CitylTown agrees to notify the appropriate personnel of Mid- Tex as soon as reasonably possible
after the occurrence of such damage.
This reciprocal agreement will remain in full force and effect until one party gives written notice to the
other party of termination at least 30 days prior to the proposed termination date. Any such
termination will not affect either party's obligation to pay for any damage that occurs prior to the
termination date.
If this reciprocal agreement is acceptable to CitylTown, please have both copies of this letter
executed by the appropriate CitylTown official and return one fully executed copy to me.
AGREED TO AND ACCEPTED
THIS 13th DAY OF February
,2006
The City of Paris, Texas
By:
Title:
City Manager
Printed Name:
Tony N. Williams
EXHIBIT A
AI.OS
energy
The City of Paris, Texas
P.O. Box 9037
Paris, Texas 75461-9037
January 16, 2006
Re: Agreement on Damage to Distribution Facilities
Attached, please find two versions of letters of agreement regarding damages to facilities.
As stated in the attached agreements, The City of Paris, Texas (CitylTown) and Atmos Energy
Corporation, Mid-Tex Division (Mid-Tex) both operate facilities within the public rights-of-way of
CitylTown. On occasion, our respective employees damage those facilities during excavation
activity. In order to avoid future misunderstandings concerning the responsibility for the cost of
repairing facilities damaged during excavation activities, Mid- Tex desires to execute an agreement
with Cityrrown concerning property damage claims.
Mid-Tex values the relationship that we have developed with CitylTown and desires to continue to
foster a positive working relationship. Therefore, it is the preference of Mid- Tex to execute a
reciprocal agreement whereby each entity would, at its own expense, repair damages caused by the
other. However, an alternative agreement is also enclosed under which each entity would repair
damages caused by the other and invoice the other for the cost of those repairs.
Whichever agreement is executed, that agreement will remain in full force and effect until one party
gives written notice to the other party of termination at least 30 days prior to the proposed
termination date. Any such termination will not affect either party's obligation to pay for any damage
that occurs prior to the termination date.
Please review both of the enclosed documents and determine which is acceptable to CitylTown.
Then have the selected agreement executed by the appropriate CitylTown official and return one
fully-executed copy to me. Please contact me with any comments or questions about this matter.
Atmos Energy Corporation
Mid-Tex Division
7909 Traders Circle
Greenville, Texas 75402