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HomeMy WebLinkAboutResolution No. 04-57 CITY OF THE COLONY, TEXAS RESOLUTION NO. 04- ~ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A STREET LIGHTING SERVICE AGREEMENT BETWEEN THE CITY OF THE COLONY AND TXU ELECTRIC DELIVERY COMPANY FOR THE PURCHASE AND INSTALLATION OF FIVE STREET LIGHTS AND POLES ON SOUTH COLONY BOULEVARD BETWEEN BRANCH HOLLOW AND MAIN STREET; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Manager of the City of' The Colony, Texas, is hereby authorized and empowered to execute a Street Lighting Service Agreement with TXU Electric Delivery Company for the purchase and installation of five street lights and poles on South Colony Boulevard between Branch Hollow and Main Street, in an amount not to exceed $29,122.74. Section 2. That a true and correct copy of the Agreement is attached hereto and incorporated herein. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council o£ the City of The Colony, Texas, this 2nd day of August, 2004. ATTEST: Christie Wilson, TRMC, City Secretary AGREEMENT FOR STREET LIGHTING SERVICE SUPPLEMENT NUMBER City of THE COLONY, Texas ("City") and TXU Electric Delivery Company ("Company") City requests and authorizes Company to provide street lighting as follows below and on sketch(s) attached hereto and made a part hereof. Actions: Addition X..~_ Removal Action Quantity Wattage Light Rate Schedule/ Identifying Location (Address, etc.) Soume Group Luminafre/Pole Type (See Attached Sketch/ A 1 175 MH A POST TOP LANTERN/ S. Colony Bird median @ 14' TEXAN Main St. FLN#3950380-3708237 A I 175 MH A POST TOP LANTERN/ S. Colony Blvd median -2na 14' TEXAN pole east of Main St. FLN#3950533-3708240 A 1 175 MH A POST TOP LANTERN/ S. Colony BIvd median - 3® 14' TEXAN pole east of Main St. FLN#3950683.3708249 A 1 175 MH A POST TOP LANTERN/ S. Colony BIvd median @ 14' TEXAN Branch Hollow. FLN#3950828-3708247 A I 175 MH A POST TOP LANTERN/ S. Colony Blvd medJan 2n° 14' TEXAN pole east of Branch Hollow. FLN#3950954-3708250 Under these additional conditions (if any) EXHIBIT A (CONTINUED ON BACK) 1. City agrees to pay Company $29,122.74 in consideration of Company's agreement to install said street lights and understands that no construction work will begin until after Company has received full payment. 2. Company agrees to install, own, operate and maintain said street lights in accordance with its street lighting agreement with customer. However, if City or Developer fails to pay, on demand, the amount indicated above, this supplemental agreement is automatically terminated. 3. All parties agree that Company will retain for its use and benefit the payment received hereunder in consideration of its obligation to install said street lights and that Company at all times has title to, and corn plete ownership and control of, said street lights. 4. Company is not liable for loss or injury caused by delay or failure to install the electric facilities necessary to serve customer because of delay in receiving shipment of required material, orders or formal request of governmental agencies, acts of God or the public enemy, inevitable accidents, fire, explosions, strikes, riots, war, or any other causes reasonably beyond control of the Company. If Company is prevented from installing such electric facilities by any of the above causes, Company agrees to return to City or Developer, without interest, the entire amount of City or Developer's payment, thereby term inating this supplement and Com party's obligation to provide the electric facilities described herein. 5. This agreement is entered into subject to the terms of the Agreement for Street Lighting Service between City and Com party dated ACCEPTED BY COMPANY ACCEPTED BY CITY ACCEPTED BY DEVELOPER (if appllc/abl~e) DATE SIGNED '~-{~'"- O'~[ DATE SIGNED~(~.., 3~Oq DATE SIGNE/ ~ WR # 2088771 Eng nearing Service Center Distributio,, o~ w~;u~ PREPA ,Ri,~ BY COMPLETED BY APPROVED FOR BILLING BY Fie t,5