HomeMy WebLinkAboutResolution - 2009-R0040 - Agreement - Southwestern Public Service Company- Relocation Of Utility Equipment - 01/22/2009Resolution No. 2009-80040
January 22, 2009
Item No. 5.24
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
lirected to execute for and on behalf of the City of Lubbock an Agreement between the
City of Lubbock and Southwestern Public Service Company, a New Mexico corporation,
3ba Xcel Energy for relocation of utility equipment located on Avenue X between Mac
Davis Lane and Marsha Sharp Freeway, adjacent to the Overton Conference Center in
Overton Park. Said Agreement is attached hereto and incorporated in this Resolution as if
Fully set forth herein and shall be included in the minutes of the Council.
by the City Council this 22nd day of January , 2009.
TOM MARTIN, MAYOR -
TTEST.
Garza, City Secretary
ROVED AS TO CONTENT:
.ob Alliso�ist-Ci
or Devel nment Services
OVED AS TO FORM:
L. Chamales,
mic Development Attorney
Att /Linda: Res-Agmt Excel
uy 13, 2009
Resolution No. 2049-ROO40
AGREEMENT FOR PARTIAL REIMBURSEMENT
OF COSTS TO RELOCATE EQUIPMENT
This Agreement is between the City of Lubbock, a Texas municipal corporation
(herein after called "City") and Southwestern Public Service Company, a New Mexico
corporation, dba Xcel Energy (hereinafter called "SPS").
WHEREAS, the City of Lubbock has initiated a project to widen and reconstruct
Avenue X between Mac Davis Lane and the access road for the Marsha Sharp Freeway in
Overton Park; and
WHEREAS, SPS has underground lines and equipment that are located in the
redesigned street that must be relocated in order to reconstruct the street; and
WHEREAS, the City, by Resolution No. 2005-R0243, dated June 9, 2005,
adopted the Overton Park Public Improvement Site Guidelines as policy in connection
with the redevelopment initiative in North Overton; and
WHEREAS, the Overton Park Public Improvement Site Guidelines require a
minimum five-foot walkway for pedestrians in the parkways; and
WHEREAS, the large size of the equipment to be relocated would obstruct the
five-foot walkway and necessitate that it be moved outside the public right of way; and
WHEREAS, the City desires to utilize North Overton TIF funds to assist SPS in
the relocation of the equipment from the public right of way into private easements to
preserve the pedestrian walkway;
NOW THEREFORE, the parties agree as follows:
ARTICLE I
RECITALS AND EXHIBITS PART OF AGREEMENT
1.1 The representations, covenants, and recitations set forth in the foregoing recitals
are material to this Agreement and are hereby incorporated into and made a part
of this Agreement as though they were fully set forth in this Article L Exhibit A,
attached hereto is incorporated herein as if fully set forth in this Article I.
ARTICLE II
SPS OBLIGATIONS
2.1 In accordance with the City project to widen and reconstruct Avenue X between
Mac Davis Land and the Marsha Sharp Freeway, SPS agrees to relocate
underground lines and switebboxes located in the right of way of the redesigned
street in order for the street to be reconstructed.
2.2 SPS further agrees to relocate two switchboxes (# 7602 and # 7604) to private
easements outside the parkway area as depicted in Exhibit A to allow a clear five-
foot walkway for pedestrians as required by the Overton Park Public
Improvements Site Guidelines. Switchbox # 7604 will be reduced in size from
6'8" x 6'4" to 57" x 1' 10". Switchbox # Al will be eliminated.
ARTICLE III
CITY OBLIGATIONS
3.1 City agrees to participate in the relocation of the switchboxes by reimbursing SPS
in an amount not to exceed One Hundred Twenty -Five Thousand and no/100
dollars.
3.2 Nothing in this Agreement shall be construed to require City to approve payments
from any source of City funds other than the North Overton Tax Increment
Reinvestment Zone Fund.
EXECUTED in duplicate this 22nd day of January , 2009.
CITY OF LUBBOCK
� _ fa
TOM MARTIN, MAYOR
ATTEST:
Reb ca Garza, City Secretary
APPROVED AS TO CONTENT:
- �� ;1" &3e� '.
Rob 1 n, As ' ity Manager
Development Services
APPROVED AS TO FORM:
Linda L. Chamales,
Economic Development Attorney
Le: city att/Linda/Ageement Excel
January 14, 2009
SOUTHWESTERN PUBLIC SERVICE
COMPANY, dba XCEL ENERGY
By: Brad Bal idge, PE
Title: Manag Distribution Engineering
EXHIBIT A
MARSHA SHARP FREEWAY
A 7%--u-m a.ovcis wft. oanav
Resolution No, 2009-ROO40
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I 4 BLUE LINE REPRESENTS
PROPOSED CURB
I 6'x8' SWITCHING ENCLOSURE
RELOCATED HERE
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N N111T N L A MENT
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1
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MOVE SWITCH41
IN
ENCLOSURE
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SHADI G I ES EW XCE ESE S
MOVE SWITCHING ENCLOSURE TRACT 9--A
EXISTING 2'x5' SWITCHING
EXISTING 6'x8' SWITCHING
ENCLOSURE TO BE RELOCATED
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MCD MAC DAVIS LANE
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XCEL EQUIPMENT RELOCATION
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HUGO REED
AND A55ociATES. INC.
LAND SURVEYORS
1601 AVENUE N
CIVIL ENGINEERS
LUBBOCK, TEXAS 79401
TRACT 7-A
FAX: 8061163.3891
Uj
(CITY OWNERSHIP
a
FOOTPRINT)
I
I
MOVE SWITCHING
I
ENCLOSURE
TRACT 9-A
I
6'x8' SWITCHING ENCLOSURE
I
1
RELOCATED HERE
I
SHADING INDICATES NEW
XCEL EASEMENTS
I
EXISTING 6'x8'
SWITCHING
4
l
ENCLOSURE TO
BE RELOCATED
`i
MCD MAC DAVIS LANE
p.p
I
XCEL EQUIPMENT RELOCATION
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2
JANUARY 14, 2009
HUGO REED
AND A55ociATES. INC.
LAND SURVEYORS
1601 AVENUE N
CIVIL ENGINEERS
LUBBOCK, TEXAS 79401
PHONE: BW763-5642
FAX: 8061163.3891