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.