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HomeMy WebLinkAboutResolution - 042673F - Agreement - LP&L, & URA - Facilities Relocation, Memorial Center Complex - 04/26/1973KJ:kr RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 4 THAT the Mayor of the City of Lubbock be and is hereby authorized and All directed to execute an agreement between Lubbock Power and Light Company and the Urban Renewal Agency of the City of Lubbock covering relocation of existing facilities in the Memorial Cebter Complex, attached herewith which shall be spre.- upon the minutes of the Coun�il and as spread upon the minutes of this Council sha c»nstitute and be a partonf this Resolution as if fully copied herein in detail. Passed by the City Council this 26th ATTEST; day of April , 1973. - 20M 0 - MORRIS W. TURNER, MAYOR Lave 'a Lowe, City Secretary,- Treasurer APPROVED AS TO FORM: F—re6 O. Senter, Jr., City Attorney r CONTRACT WITH LUBBOCK POWER AND LIGHT COMPANY FOR RELOCATION OF EXISTING FACILITIES MEMORIAL CENTER COMPLEX URBAN RENEWAL PROJECT TEX. R -138(C) THIS AGREEMENT entered into as of this oZ(Q, day of __Ape' �( 1973i by and between: The Urban Renewal Agency of the City of Lubbock, Texas (hereinafter referred to as the "Agency") -and Lubbock Power and Light Company (hereinafter referred to as the "Company") WITNESSETH: WHEREAS, the Agency has, under date of the 16th day of June, 1971 entered into a contract for Loan and Grant with the United States of America providing for financial aid to the Agency under Title 1 of the Housing Act of 1949, as amended, with regard to the Memorial Center Complex, Urban Renewal Project Tex. R -138(C); and -WHEREAS, pursuant to.such Contract the Agency is developing a Convention Center Complex in the Memorial Center Complex, Urban Renewal Project .Tex. R -138(C) as described below, under authority of the Urban Renewal Law of the 'State of Texas, Article 1269L-3 V.A.C.S.; and WHEREAS, in exercising the powers,conferred upon it under the said Urban Renewal Law of the State of Texas it will be necessary for the Company to relocate, raise, re-route and/or change the grade and/or alter its existing facilities and services as delineated on Exhibit A attached hereto and made a part hereof; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. Scope of Services. The Company shall relocate, raise, re-route, and/or change the grade and/or alter the construction of its facilities and services as delineated on the Exhibit A attached hereto and made a part hereof, by this reference incorporated herein, in connection with the exercise by the Agency of powers conferred upon it under the Urban Renewal Law of the State of Texas, Article 1.269L-3 V.A.C.S., in the following generally described area known as the Memorial Center Complex, Urban Renewal Project Tex. R -138(C): Bounded in general by 4th Street on North, Avenue K on East, 10th Street on South and Avenue Q on West: 2. Time of'Performance. The Company agrees to co-ordinate such relocation,'. removal, .re-routing and/or altering the construction of its facilities and services with project execution activities of the Agency. In any case all work required hereunder shall be completed within 2 years from the date of execution of this agreement unless mutually agreed otherwise or Company is prevented from so doing by employees, or agents of the Agency. The importance of time in the completion of the different phases of work cannot be overstressed within this contract. The most critical area of action is within the public reuse area and here work must be accomplished in the early stages of the contract to coincide with the development phases of the Civic Center Complex. Service and construction to the private reuse areas will extend throughout the entire duration of the contract. Removal of non act-;ve lateral service lines will be required in the early stages of construction. Feeder lines are to remain In service until the new underground lines are in place. -2- 3. Compensation. Based upon the details of the reimbursable items of work to be performed as shown on Exhibit A hereof, it is agreed that payment shall be the actual and indirect cost, accumulated in accordance . with the Company's standard accounting practices, incurred in relocating, raising, re-routing, or changing the construction of any company o4med facilities and services by reason of or in conjuction with the exercise by the Agency of the powers conferred upon it by the Urban Renewal Law of the State of Texas (1269L-3, V.A.C.S.J in the Project Area; and that the total cost of all work performed under this agreement shall not exceed the 'sum of Four Hundred Eighty-Six Thousand Five Hundred Thirty-Four Dollars ($486,534.00). 4. Method of Payment. The Company's actual and related indirect costs will be paid by the Agency upon receipt of billing prepared in accordance with the Company's standard accounting practices, as the work to be performed by the Company hereunder progresses. The Agency may subject any billing submitted to it by the Company to audit and the Company shall permit the Agency to have full.access to its books and records at all reasonable times for this purpose. Payment of any-bill submitted by the Company to the Agency shall not, however., be held up pending unreasonable delay by the Agency in commencing or completing any such audit. IN WITNESS WHEREOF the Agency and the Company have executed this contract as of the date first above written. AGENCY: THE URBAN RENEWAL AGENCY OF HE C TY OF LUBBOC BY: ATTEST: OF SECRETARY COMPANY: LUBBOCK POWER AND LIGHT COMPANY ORRIS 1. U watt MAYOR WITNESS favenla.10WO Secretary Treasurer.