HomeMy WebLinkAboutResolution - 3408 - Addendum To Constract - Cox Cable Lubbock Inc - Pole Attachment Rentals - 06_28_1990Resolution #3408
June 28, 1990
Item #23
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RESOLUTION
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 an Addendum to a
a Contract by and between the City of Lubbock and Cox Cable Lubbock, Inc., for
pole rentals, 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 28th day of June , 1990.
Q {
. C. MCMINN, MAYOR
ATTEST:
nette uoya,
APPROVED AS TO CONTENT:
e
Carroll McDona a, Assistan City
Manager for Utilities
APPROVED AS TO FORM:
G. Van fiver, Assistant City
Attorney
THE STATE OF TEXAS
ADDENDUM
COUNTY OF LUBBOCK
WHEREAS, Section 7 of that certain Contract
between the City of Lubbock, Texas, and Cox Cable
executed on the 25th day of July, 1985, provides
fee provided therein for pole attachments by Cox
Inc., to City of Lubbock poles shall be subject t
at five (5) year intervals during the term of the
Franchise Agreement; and
executed by and
Lubbock, Inc.,
that the rental
Cable Lubbock,
o renegotiation
Cox Cable Lubbock
WHEREAS, the City of Lubbock and Cox Cable Lubbock, Inc., have
agreed upon the pole rental rates from July 1, 1990 through the end
of the Cox Cable Lubbock, Inc., Franchise Agreement; NOW THEREFORE:
KNOW ALL MEN BY THESE PRESENTS:
THAT the schedule of pole rental rates shall be FOUR AND
N0/100 DOLLARS ($4.00) per pole per year from July 1, 1990 to July
1, 1992. On each July 1st thereafter, the pole rental rates shall
be increased by a percentage amount equal to the amount represented
by the percentage change in the Consumer Price Index for Lubbock as
published by First National Bank at Lubbock from the previous July
1st, should the Consumer Price Index for Lubbock become unavail-
able, the index used will be the Consumer Price Index for all urban
consumers (CPI-U), the official index published in various sources
and as prepared by the United States Department of Labor. In the
event the CPI is discontinued, the parties to this Agreement will
meet to select a substitute comparison index. If the parties can-
not agree upon a equivalent comparison index, a flat percentage
rate of six percent (60) per year will be used until a new index is
agreed upon.
The above agreed upon pole rental rates shall replace and
supersede such pole rental rates as are specified in Section 7 of
the pole rental contract by and between the City of Lubbock and Cox
Cable Lubbock, Inc., executed July 25, 1985.
COX CABLE LUBBOCK, INC.: CITY OF LUBBOCK:
ATTEST:
el�L-
BY:
CKIE
B. C. MCMINN, MAYOR
ATTEST:
Rarfette Boyd, City Secretary
APPROVED AS TO CONTENT:
e
Carroll McDoiiald, Assistant
City Manager for Utilities
APPROVED AS TO FORM
Donald G. Vandiver, Assistant
City Attorney
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