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HomeMy WebLinkAboutResolution - 112173F - Contract - URA - LP&L - Relocation Of Existing Facilities - 11_21_1973K�:sw f RESOLUTION lIZ198 F BE 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 for 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 2D Area 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. ATTEST: MORRIS W. ty Secretary -Treasurer PPROVED AS TO FORM: red O. Senter, Jr., C- Attorney CONTRACT WITH LUBBOCK POWER S LIGHT COMPANY FOR RELOCATION OF EXISTING FACILITIES NEIGHBORHOOD DEVELOPMENT PROGRAM 2D /1REA" URBAN RENEWAL PROJECT TEX. A-14(C) THIS AGREEMENT entered into as of this „�* day of 19730 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 S 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(0 (LG) ' effective February 29, 1.972, with the United States of America providing for financial aid to the Local Public Agency under Title i of 'the Housing Act of 1949 as amended by all amendatory acts;.and, ,. WHEREAS, pursuant to such Contract the Agency is developing a site for light industrial redevelopment in the Lubbock Neighborhood Development Program 2D Area, 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, 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.partles 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 service's 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 1269L-3 V.A.C.S., in the following generally - described area know as the Lubbock Neighborhood Development Program 2D Area; .Urban Renewal Project Tex. A-14(C): Bounded in general by 1st Street and Sante.Fe Railroad on the North, Avenue Q on the East, and 2nd Street and Clovis-RQad on the South, and• Avenue S 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 6 months from the date of execution of this agreement unless mutually agreed otherwise or Company is prevented from so doing by employess, or agents of the Agency. The importance of time in the completion of'the different phases of work cannot be -overstressed within this contract. Service will continue to be provided to all existing developments that will remain in the area. Attention is called to' parcel 6D-7-7 (Anderson Sign Shop) which.will need service until the parcel is vacated sometime after January 1, 1974. 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, I -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 Two Thousand Three Hundred Seventy -Nine Dollars and Nine Cents ($2,379.09). k. 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 shalt 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 UREA RENEWAL AGENCY THE CITY OF BY: .ATTEST* CITY OF LUBBOCK, TEXAS„ for COMPANY: LUBBOCK POWER b LIG COMPANY BY: MORRIS W. TURNER, MAYOR WI7 Lavenia Lowe, City Secretary -Treasurer - Form Approved . . Alfomey