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HomeMy WebLinkAboutOrdinance No. 202 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE EXPENDITURE OF BOND FUNDS; AUTHORIZING THE EXECUTION OF A CONTRACT BY THE CITY MANAGER TO PROVIDE FOR THE RELOCATION OF ELECTRIC UTILITIES IN THE RIGHT-OF-WAY OF FARM TO MARKET ROAD 423; AUTHORIZING THE CITY MANAGER TO APPROVE A UNIT PRICE CHANGE IF NECESSARY; AND PROVIDING AN EFFECTIVE DATE. WHERI~AS, the Texas Department of Highways and Public Transportation is undertaking the widening of Farm to Market Road 423 within the City limits of the City of The Colony; and, WHEREA~, the Department's regulations provide that the relocation of electric utility lines is a local cost item for which the City is responsible; and, WHERI~A~, the City Council desires to authorize the expenditure of the necessary bond funds to perform such relocation and to authorize the City Manager to pay the same and enter into a contract to provide for such relocation; and, WHEREA~S, the City Council further desires to authorize the City Manager to approve any unit price change necessary to complete such work; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That in the widening and improvement of Farm to Market Road 423 within the City limits of the City of The Colony, Texas, it is necessary to provide for the relocation of electric utility lines belonging to the Denton County Electric Cooperative, Inc. SECTION 2. That the regulations of the Texas Dep~rtment of Highways and Public Transportation provide that sueh reloeation is a local cost item for which the City of The Colony is responsible. SECTION 3. That the projeet's consulting engineers have estimated the total cost of such relocation of Denton County Electric Cooperative's facility between Station 520 and Station 605 based on current construction costs will be Forty-one Thousand Eight Hundred Fifty-nine and 07/100 Dollars ($41,859.07). SECTION 4. That the City Manager of the City of The Colony, Texas, is authorized to enter into a contract with the Denton County Electric Cooperative, Inc., to provide for the relocation of such electric utilities at said location so as to not interfere with the widening of FM 423. That the City Manager is further authorized to expend the sum of Forty-one Thousand Eight Hundred Fifty-nine and 07/100 Dollars ($41,859.07) out of bond funds on hand from the sale of issued bonds or pursuant to a sale of bonds heretofore authorized for such purpose. That the approved form of such contract is attached hereto as Exhibit "A" and made a part hereof for all purpeses, the same as if fully copied herein. SECTION 5. That the cost estimate for such relocation is based on current construction costs for similar type work being done by the Cooperative. That such cost estimates are based on unit costs and may increase prior to the commencement of construction. That in such event, the City Manager is further authorized to approve such increases in unit costs to the extent necessary to complete the relocation in accordance with the plans. SECTION 6. This ordinance shall take effect immediately from and after its passage as the law and charter in such eases provide. DUI,Y PAF~ED by the City Council of the City of The Colony, Texas, on the ~' day of April, 1982. APPR~ CITY ATTORNEY CONTRACT STATE OF TEXAS COUNTY OF DENTON This contract is entered into by and between the City of The Colony, Texas ("City") and the Denton County Electric Cooperative, Inc. ("Cooperative") on the day of , 1982, and is to witness the following: 1. The Cooperative owns a power line that will have to be relocated because of the widening of Farm to Market 423 from Station 526 to Station 605 within the corporate limits of the City. 2. Such project is being undertaken by the Texas Department of Highways and Public Transportation. The Department's regulations provide that the relocation of the power line is a local cost item for which the City is responsible. 3. Bond funds have been approved by the voters of the City of The Colony for the purpose of relocating the power line. 4. The consulting engineers for the Cooperative have estimated the total cost to be reimbursed to the Cooperative by the City to be Forty-one Thousand Eight Hundred Fifty-nine and 07/100 Dollars ($41,859.07). The Cooperative agrees to contract for and perform the relocation of its facilities in accordance with its usual practice. The City has been furnished with the necessary plans for the relocation and has approved the same. 5. The City agrees to reimburse the Cooperative for the relocation of the facilities in the total sum of Forty-one Thousand Eight Fifty-nine and 07/100 Dollars ($41,859.07). In the event, however, that the unit price or cost for such work increases prior to the commencement of construction, the parties understand that the costs would increase accordingly and the City agrees to pay any such. unit cost increase necessary to accomplish the work approved. EXHIBIT "A" The City agrees to make payment for the relocation work within 30 days after receipt of invoice in its office. 7. The execution by the City Manager of the City and by the authorized representative of the Cooperative of this contract will serve as the City's notice to the Cooperative to proceed with the work as agreed. EXECUTED IN DUPLICATE ORIGINAL on the date first written above. CITY OF THE COLONY, TEXAS ATTEST: By Dan Savage City Manager CITY SECRETARY DENTON COUNTY ELECTRIC COOPERATIVE, INC. By ATTEST: Its SECRETARY EXHIBIT "A"