HomeMy WebLinkAboutResolution - 112373E - Contract - URA - LP&L Relocation Of Facilities - 11_23_1973KJ•V' ,)v
RESOLUTION ME/
�IBE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute fear and on behalf of the City of Lubbock a Contract with The
Urban Renewal Agency of the City of Lubbock, Texas for Relocation of Existing
Facilities Neighborhood Development Program 3C Areas Urban Renewal Project
Tex. A-14(C), attached herewith which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 21st day of November , 1973.
-11. ......
ORRIS W. TURNER, MAYOR
ATTEST:
Lavenia Lowe, City Secretary -Treasurer
APPROVED AS TO FORM:
YL i m /-.,- n
Pred O. -Senter, Jr., ,fifty Attorney
CONTRACT WITH LUBBOCK POWER AND LIGHT COMPANY .
FOR RELOCATION OF EXISTING FACILITIES
NEIGHBORHOOD DEVELOPMENT PROGRAM 3C AND 3D AREAS
URBAN RENEWAL PROJECT TEX. A-14(C)
THIS AGREEMENT entered into as of this 21st day of Wovember ,
1973, by and between:
The Urban Renewal Agency of the City of Lubbock, Texas (hereinafter
referred to as the "Agency") and
CITY OF LUBBOCK, TEXAS, for
LUBBOCK POWER AND LIGHT COMPANY
hereinafter referred to as the "Company"
WiTNESSETH:
WHEREAS, the Agency has entered into a Neighborhood Development Program
Funding Agreement, further identified as Funding Agreement No. Tex. A-14(C) (LG)
effective February 1, 1973, with the United States of America providing for
financial aid to the Local Public Agency under Title l of the Housing Act of
1949 as amended -by all amendatory acts; and
WHEREAS, pursuant to such Contract the Agency is developing two sites for
project improvements •in the Lubbock Neighborhood Development Program Areas 3C
and 3D, Urban Renewal Project Tex. A-14(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, to 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 reiocate,.eaise, 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, Articie•1269L-3 V.A.C.S., In the following generally
described area know as the Lubbock Neighborhood Development Program 3C and-3D
Areas, Urban Renewal Project Tex. A-14(C):
Bounded in general by: 3C Area. Clovis .Road and Sante Fe Railroad on the
North, Avenue W on the West, 1st Street on.the South and Avenue V on the East.
3D Area Amherst Avenue on*the North, Boston Avenue on. the East, 1st Street on
the South, and Canton Avenue on the West.
2. Time of Performance. The Company agrees to coordinate 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 3 months 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 relocation of the utility
system covered under this contract must be coordinated with the construction
of the project improvement that will take place upon the applicable site.
Construction of the project improvement is scheduled for December 1, 1973; so
.the utility relocation must be accomplished as quickly as possible.
3. Compensation. Baled 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,
-2-
re-routing, or changing the construction of any company owned facilities
and services by reason of or in conjunction 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.,) in the Project Area; and that the total cost of all
work performed under this agreement shall not exceed the sum of Three Thousand
Seven Hundred Nineteen Dollars and Eleven One -Hundredths ($34719.1
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 THEREOF the Agency and the Company have executed this contract
as of the date first above written
AGENCY: THE URBAN.RENEWAL AGENCY OF. THE CITY
OF L CK
Ott:
BY:
/ CH�A A
ATTEST: t/
SECRETARY
CITY OF. LUBBOCK, TEXAS, for -
COMPANY: LUBBOCK POWER AND L T COMPANY
• BY: ..,..�
WITNES . ,' ORRIS W. TURNER, MAYOR
Lavenia Lowe, City Secretafy=Treasurer.
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