HomeMy WebLinkAbout020453 RES - 09/20/1988A RESOLUTION
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NUECES
ELECTRIC COOPERATIVE, INC. PROVIDING FOR THE RELOCATION AND
ADJUSTMENT OF ELECTRICAL DISTRIBUTION LINES TO CLEAR
PROPOSED STREET CONSTRUCTION ON SOUTH STAPLES STREET FROM
SARATOGA BOULEVARD TO OSO CREEK.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute an
agreement with Nueces Electric Cooperative, Inc. providing for the relocation
and adjustment of electrical distribution lines to clear proposed street
construction on South Staples Street from Saratoga Boulevard to Oso Creek, all
as more fully set forth in the agreement, a substantial copy of which is
attached hereto and made a part hereof, marked Exhibit A.
ATTEST:
City Secretary
AYOR
APPROVED: Q DAY OF , 1928
HAL GEORGE, CITY ATTORNEY
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THE CITY OF CORPUS CHRISTI, TEXAS
20453 MICROFILMED
AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This Agreement is entered into by and between the City of Corpus Christi,
Texas, hereinafter called "City", and Nueces Electric Cooperative, Inc.,
hereinafter called "Cooperative", and relates to the improvements of South
Staples Street (State Farm to Market Route 2444), from Saratoga Boulevard (State
Highway 357) to Oso Creek.
WHEREAS, the State Department of Highways and Public Transportation
(SDHPT), in a cooperative effort with the City is proposing to widen and improve
South Staples Street, from Saratoga Boulevard to Oso Creek, to a five lane
facility with curb and gutter, sidewalks, and an underground storm drainage
system, and
WHEREAS, due to the SDHPT requirement that utilities can no longer be
located under state highway pavement, except for utility crossings, said
improvements will necessitate the relocation of the Cooperative's facilties, and
WHEREAS, said improvements will necessitate the relocation of Cooperative's
facilities, and
WHEREAS, City is obligated to SDHPT for the acquisition of additional
rights-of-way and relocation of utilities to accomodate the improvements.
NOW, THEREFORE, the City and Cooperative agree as follows:
1. The Cooperative shall, upon execution of this Agreement, subrogate its
prior existing easement rights to accomodate and not conflict with the proposed
improvements and adjustments. The Cooperative shall proceed to adjust and
relocate its facilities as necessary so as not to conflict with improvements
proposed by the SDHPT or utility improvements or adjustments proposed by the
City. These adjustments and relocations involve setting new poles, guy wires
and anchors, new conductors, and movement of three underground cable risers.
The adjustments and relocations shall proceed in a timely manner and shall be
completed prior to the commencement of construction by the SDHPT's contractor,
scheduled for March, 1989. However, the City shall not hold the Cooperative
responsible for delays caused by the State Department of Highways and Public
Transportation, the City of Corpus Christi, Nueces County, other utility
companies (including, but not limited to: Southwestern Bell Telephone, Central
Power and Light, TCI Cable, etc.), or any weather conditions that could cause
personal injury, property damage, or equipment damage.
2. In consideration of the Cooperative subrogating its easement rights to
the City right-of-way, the City shall reimburse the Cooperative the actual cost
of these adjustments and relocations currently estimated at $25,000, based on
the scope of work and estimated costs provided to the SDHPT in a letter from
Cooperative dated April 8, 1988. Credit shall be made for salvageable materials
501AG070.agr 1
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retired. Reimbursement will be made upon completion of the work and submission
of a detailed invoice showing items of work and unit costs. It is expressly
understood that adjustments and relocations contemplated herein are the sole
responsibility and property of the Cooperative and the City has and assumes no
responsibility, contractual or otherwise, for such relocation. The cost of
relocation used herein solely for the purpose of establishing the consideration
for the right-of-way acquired herein.
3. The Cooperative shall make available to the City any records
associated with these adjustments and relocations for audit purposes, if
requested.
4. The City will be responsible for the location and marking of all city
utilities and the new Right Of Way lines for the project. The City shall be
responsible for securing any easements, if needed.
5. The City shall give the Cooperative at least three weeks notice of any
changes made in the design of the construction if such changes interfere or
conflict with the design or present facilities belonging to the Cooperative.
EXECUTED IN DUPLICATE, this the 17th day of August
ATTEST:
City Secretary
, 1988.
THE CITY OF CORPUS CHRISTI, TEXAS
By:
Juan Garza, City Manager
APPROVED: NUECES ELECTRIC COOPERATIVE, INC.
day of , 1988
By:
By:
Assistant City Attorney rry W itworth
General Manager
501AG070.agr 2
99.066.01
Corpus Christi, Texas
()4-4') day of
The above resolution was passed by the following vote:
Betty N. Turner
David Berlanga, Sr. OluLta_
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik (11)1_,
Linda Strong C64-att
(6.2,
20453
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