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HomeMy WebLinkAboutOrdinance No. 03-1490 CITY OF THE COLONY, TEXAS no. t I qo AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH DENTON COUNTY ELECTRIC COOPERATIVE, INC., D/B/A COSERV ELECTRIC, AND INDUSTRIAL PROPERTIES CORPORATION PROVDING FOR THE REMOVAL OF THE EXISTING ELECTRICAL FACILITIES LOCATED ON KENEPAC BETWEEN STANDRIDGE DRIVE AND SH 121, ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A'; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF' THE CITY OF TItE COLONY, TEXAS: SECTION 1. That the City Manager of the City of The Colony, Texas is hereby authorized to execute on behalf of the City an agreement with Denton County Electric Cooperative, Inc., d/b/a Coscrv Electric, and Industrial Properties Corporation providing for the removal of the existing electrical facilities located on Kenepac between Standridg9 Drive and SH 121. The approved form of contract is attached hereto as Exhibit "A", and made a par~ hereof for such purposes. SECTION 2. This Ordinance shall take effect immediately from and after its passage by the City Council of the City of The Colony, Texas. DULY PASSE~ AND APPROVED by the City Council of the City of The Colony, Texas this Zd,~d__~tday of ,~'~,~,~t~t ,2003 AP OV ', ~'~ ATTEST: Patti Itieks, City Secretary /FORM: ity Attorn~ AGREEMENT FOR THE REMOVAL OF ELECTRICAL FACILITIES LOCATED ALONG KENEPAC BETWEEN STANDRIDGE DRIVE AND SH 121. This Agreement for the Removal of Electrical Facilities Located Along~Kenepac l~tween Standridge Drive and SH 121 (this "Agreement"), is made this /~5 day of ~_~'t.~ , 2003, by and among Denton County Electric Cooperati'~e, Inc., dPo/a ~oS~rv Electric ("CoServ"), a Texas electric cooperative corporation, Industrial Properties Corporation ("Developer") and the City of The Colony, Texas ("City"), a Texas Home Rule municipality with the full power of local self government as provided by Article 11, Section 5 of the Texas Constitution and its Home Rule Charter, (CoServ, City and Developer are hereinafter referred to together as the "Parties"). I. RECITALS WHEREAS, Developer wishes to construct the extension of Memorial Drive from the Wal-Mart Store to Standridge Drive in accordance with the City's approved thoroughfare plan; and WHEREAS, Developer has requested that CoServ either (i) relocate the existing poles and overhead wires that are currently located in an area which is to be contained within the Memorial Drive extension, such poles and overhead wires being more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Existing Facilities"), to a location acceptable to CoServ (the "Relocation"); or (ii) remove the Existing Facilities and place new facilities underground in a location acceptable to CoServ (the "Removal and Underground Placement"); and WHEREAS, CoServ estimates that the cost of the Relocation will be $21,965.77 and CoServ estimates that the cost of the Removal and Underground Placement will be $75,621.80; and WHEREAS, Developer has agreed to pay the cost associated with the Relocation, regardless of whether Developer chooses to have CoServ perform the Relocation or the Removal and Underground Placement; and WHEREAS, Developer has requested that City pay the difference between the cost of the Relocation and the cost of the Removal and Underground Placement and City has agreed to pay such difference as part of the City's beautification initiative, provided, however, that the amount to be paid by City shall not exceed $53,656.03. NOW, THEREFORE, for and in consideration of the aforesaid premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, the Parties agree as follows: 1. Developer agrees to inform CoServ whether it desires for CoServ to perform the Relocation or the Removal and Underground Placement at least ~g.,~Se( ( J ~; ) days prior to the date upon which Developer requests that CoServ to commence such work. Upon giving notice under this Section 1, Developer agrees to pay $21,965.77 to CoServ. 2. CoServ agrees to use commercially reasonable efforts to commence the work necessary to complete the Relocation or the Removal and Underground Placement, as instructed by Developer, within ten (10) days of its receipt of the last of the following: (a) Receipt of notice from Developer under Section 1 of this Agreement; (b) Payment of $21,965.77 by Developer; and (c) All necessary permits. 3. Should CoServ, at Developer's instruction, perform the Removal and Underground Placement, then City agrees to pay to CoServ the balance of the cost of the Removal and Underground Placement remaining due after application of the payment received from Developer, but in no event shall such payment obligation of City exceed Fifty three thousand, six hundred fifty-six dollars and three cents ($53,656.03). City shall make this payment within thirty (30) days of CoServ's completion and notice of the Removal and Underground Placement. 4. The notices required to be given by the terms of this agreement shall in all cases be construed to mean notices in writing, signed by or on behalf of the party giving the same, and the same may be served either upon the other party or his agent at the address set forth below: TO TIlE CITY: TO COSERV: City of The Colony CoServ Electric ATTN: City Manager Attn: Curtis Trivitt 6800 Main Street 7701 South Stemmons The Colony, Texas 75056 Corinth, Texas 76210 5. Time is declared to be of the essence of this agreement, and of all the conditions hereof. 6. This Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified or amended without written agreement of the parties to be attached to and made a part of this Agreement. 7. The validity of this Agreement and any of its terms and provisions as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue for any action concerning this Agreement shall be in the State District Court of Denton County, Texas. EXECUTED on this/~ay of ~tO7-. ,2003 THE CITY OF THE COLONY A Texas Home Rule Municipality By: Dale Cheatham, City Manager, City of The Colony Date: Patti Hicks City Secretary, City of The Colony DENTON COUNTY ELECTRIC COOPERATIVE, INC., d/b/a COSERV ELECTRIC By: Name: Title: ~ ;n~or Vice ~re~ic, ent - Energy Se~wices Date: Industrial Properties Corporation Title: Date: