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HomeMy WebLinkAboutResolution No. 04-85 RESOLUTION NO. 04-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND TXU ELECTRIC DELIVERY COMPANY FOR SUPPLYING AND INSTALLING TWENTY SIX NEW LUMINARIES AND LIGHT POLES ALONG THE MEDIAN OF SOUTH COLONY BOULEVARD, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City and Consultant have entered into an agreement such that the Consultant is to provide the following services: SUPPLYING AND INSTALLING TWENTY SIX NEW LUMINARIES AND LIGHT POLES ALONG THE MEDIAN OF SOUTH COLONY BOULEVARD; and WHEREAS, the City has determined that it is in the best interest of the City to enter into the Contract with TXU ELECTRIC DELIVERY COMPANY, which is attached hereto and incorporated herein by reference as Exhibit "A," under the terms and conditions provided therein. WHEREAS, with this Contract the City of The Colony is agreeing to pay the sum of $102,847.60 for such work. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The Contract, which is attached and incorporated hereto as Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the City Manager is hereby authorized to execute the Agreement on behalf of the City of The Colony, Texas. Section 2. That this Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED, APPROVED and EFFECTIVE this 1st day of November, 2004. ~~ //~~~/1J~/l,-- Christie Wilson, City Secretary Dillard, Mayor y of The Colony, Texas [ CITY SEAL] 63918 EXHIBIT "A" SUPPLEMENT TO THE AGREEMENT FOR STREET LIGHTING SERVICE BY AND BETWEEN TXU ELECTRIC DELIVERY COMPANY AND THE CITY OF THE COLONY DATED AUGUST 5. 2003 This Supplement ("Supplement") to the Agreement for Street Lighting Service dated August 5. 2003. ("Agreement"), is made and entered into this 20th day of October. 2004, by TXU Electric Delivery Comoany and The City of The Colony. ("Customer") both hereinafter referred to as the "Parties." In consideration of the mutual promises and undertakings herein set forth, the Parties hereby agree to amend the Agreement as follows: 1. The following Request for Street Lighting Service is hereby added to the Agreement: Request for Street Lighting Service dated October 20, 2004, attached hereto. 2. This Supplement shall become effective upon execution by the Parties. 3. This Supplement is subject to the terms and conditions of the Agreement. 4. If Customer has arranged for its designated agent or representative ("Customer's Agent") to pay to Company the contribution-in-aid-of-construction ("CIAC") referenced in the Agreement, then Customer's Agent shall execute this Amendment for the sole purpose of establishing such agents agreement to pay such CIAC. 5. Except as otherwise provided herein, the Agreement shall continue in full force and effect in accordance with its terms. IN WITNESS HEREOF, the Parties have caused this Supplement to be executed in several counterparts, each of which shall be deemed an original but all shall constitute one and the same instrument. TXU ELECTRIC DELIVERY COMPANY By: ~i:n~ THE CITY OF THE COLONY By: Antonio Johnston Title: PROJECT MANAGER Title: Date: October 20. 2004 Date: ........................................................................................................ For CIAC purposes only pursuant to Section (4) above. NtA [[INSERT CUSTOMER'S AGENT'S NAME]] By: Nt A Title: Nt A Date: Nt A 88332.010002 DALLAS 49285vl