HomeMy WebLinkAboutResolution - 061170E - Agreement - County Of LBK - Purchase Of Right Of Way On U.S. Highway 82 - 06_11_1970RESOLUTION
.... N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the "City of Lubbock be and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an agreement with
the County of Lubbock for purchase of right of way on U. S' Highway No. 82 along
3rd and 4th Streets in the City of Lubbock, attached herewith which shall be sprea
upon the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution " if fully copied herein in detail.
Passed by the City Council this 11th day of ,In( 1—June , 1970,
ATTES
Laver a'Lowe,- City ,Se retary-Treasurer
AP 0VEDr
v� -.LL�v r
red O. Senter, Jr., C' Attoj
CONTRACTUAL AGREEMENT
On this the llth day of June, 1970, the City of Lubbock, Texas,
hereinafter called the City, and the County of Lubbock, Texas, hereinafter
called the County hereby enter into this contractual agreement.
The County will make available one hundred thousand ($1001000.00)
Dollars for the purchase of right-of-way on U.S. Highway Number 82 from
Farm to Market Road 2255 along Third and Fourth Streets to U.S. Highway
Number 87 in Lubbock County, Texas, under the provisions of this contractual
agreement and under the provisions of a contractual agreement entered into
between the City and the Texas Highway Commission bearing project number
RW 8005-1-13. The funds hereby contracted to be made available by the County
are to be spent solely for the purchase price of the right-of-way.
The City, at its own expense, will do all necessary preliminary
engineering and title investigation necessary to obtain acceptable title to
the right-of-way, determine the values of the property, negotiate and settle
with the owners, undertake any necessary condemnation proceedings and perform
any other duties to be performed by the City under the contractual agreement
between the City and the Texas Highway Commission bearing project number RW
8005 - 1 - 13. None of the funds hereby made available by the County shall
be used for any of said expenses.
The cost of the right-of-way to be paid by the funds hereby made available
will be in the amount of the State predetermined value of each parcel, or
the net cost thereof whichever is lesser.
Funds hereby made available by the County will be used only to pay
the property owners in the amount predetermined by the Texas Highway Commission
to be the value of the property and the City hereby agrees to pay any amount
in excess of the State predetermined value which it might contract with the
property owner to pay the said predetermined value.
In the event that condemnation proceedings are necessary the funds
hereby made available by the County will -be used to pay to the property owners
the amount established by the Commissioners or by the Court.
The parties to this agreement hereby agree that when the amount to
be paid to the property owner has been determined and the state has pre-
determined the value of any parcel covered by this contractual agreement the
City Attorney of the City will submit said facts, in writing, to the Auditor
of the County setting forth the legal description of the property, the name
and address of the property owner the amount agreed to be paid to the
property owner, and the State predetermined value of the property as pre-
determined by the Texas Highway Commission. The Auditor of the County, when
he is satisfied that all is in order, shall pay to the property owner the
full amount of the State predetermined value of the property.
each
Upon receipt of a*F checq from the Texas Highway Commission for
reimbursement persuant to project number RW 8005-1-13 wherein the County
paid funds to the property owner the City will dndorse said checks to the
County and Transmit said checks to the Auditor of the County' WAICh Ye-4&1�
W01 be- ava,1 a b/e_ far a dditiv7, a/ suaA Purchases,
SIGNED this /% 7W day of June, 1970.
For the County of Lubbock:
RODRICK L. SHAW
County Judge
ibbock:
ySecretary- JAMES H. GRAI.IBERRY , MAYOR