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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 207JB015.res CJu�-mac 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 t4t-, 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 198g