HomeMy WebLinkAboutResolution - 267 - Agreement- St. Dept. Of Highways- Survey, Inspect, Appraise And Inventory Bridge - 09/13/1979RESOLUTION #267
RESOLUTION
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 State Department of Highways and Public Transportation providing for the
State to survey, inspect, appraise and inventory bridges on public roads and
streets within the City of Lubbock, which agreement is attached herewith and
which shall be spread upon the minutes of the Council and as spread upon the
minutes of this Counsel shall constitute and be a part of this Resolution as
if fully copied herein in detail.
Passed by City Council this 13th day of September , 1979.
Z*ST",Mk4Y0qR7-----
AT.TEST:
r"
Eve yn Ga€'f a;-- ty Se a Treasurer
APPORVED-AS TO FORM:
Donald 2G. Vandiver,
First Assistant City Attorney
RESOLUTION #267 - 9/13/79
a�
AGREEMENT FOR THE STATE TO SURVEY, INSPECT, APPRAISE
AND INVENTORY BRIDGES ON PUBLIC ROADS AND STREETS
THIS AGREEMENT, made this 13th day of September _, 1979, by
and between the State Department of Highways and Public Transportation, Party
of the First Part, hereinafter called the "Department", and City of Lubbock, a
local government, or governmental agency or entity; Party of the Second Part,
acting by and through its Mayor and by virtue of the authority shown on Reso-
lution attached hereto and made a part hereof.
WTTNF.SSRTH
WHEREAS, the Party of the Second Part is owner of certain bridges on
public roads and streets within its jurisdiction; and
WHEREAS, Title 23, United States Code as amended by the Surface Trans-
portation Act of 1978, requires that an inventory, inspection and appraisal be
completed of all highway bridges on public roads and streets; and
WHEREAS, it is incumbent upon the Department to assure accomplishment of
this work.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of mutual covenants
and agreements of the parties hereto to be by them respectively kept and
performed, as hereinafter set forth, it is agreed as follows:
1. The Party of the Second Part hereby grants permission to the Depart-
ment or its contracted Consultant, to perform on-site surveys and inspections
of bridges under its jurisdiction for the purpose of developing inventory and
appraisal information and data, and further agrees to furnish available
Information and data concerning such bridges, to the Department.
2. All of the above described information and data shall be the pro-
perty of the Department. However, such information and data will be provided
to the Party of the Second Part upon request.
w
3. Nothing herein is intended to change the respective responsibil-
ities under the laws of this State of the parties hereto. it is expressly
understood that the Department's responsibility shall be limited to the
reasonably prompt conveyance of information and data described in 2 above to
the Party of the Second Part. Responsibility for deciding upon the impo-
sition of load restriction, closure, repair or other such action, shall remain
that of the Party of the Second Part.
IN TESTIMONY WHEREOF, the parties hereto have caused these present to be
executed in duplicate on the day above stated.
PARTY OF THE FIRST PART:
DISTRICT ENGINEER, STATE DEPARTMENT
OF HIGHWAYS AND PUBLIC TRANSPORTATION
By:
District Engineer,
District No.
PARTY OF THE SECOND PART:
CITY OF LUBBOCK, TEXAS
fi4t!
!tff A 0 R
I,
ATTEST:
+EvelynGaf ga,
ecretary-Treasure
APPROVED AS TO CONTENT:
1-67 U
Denzel Percifull, V
Director of Public Services
APPROVED AS TO FORM:
Donald G. Vandiver,
First Assistant City Attorney
COMMISSION
REAGAN HOUSTON, CHAIRMAN
DEWITT C. GREER
CHARLES E. SIMONS
}
STATE DEPARTMENT OF HIGHWAYS
AND PUBLIC TRANSPORTATION
P.O. BOX 771
Lubbock, Texas 79408
October 2, 1979
Mr. Peter Nuckolls
Administrative Assistant
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Dear Sir:
Enclosed is a copy of the agreement authorizing bridge inspection,
inventory, and appraisal, for the City of Lubbock, with required
signatures.
If we may be of further service, please advise.
WMP: jg
Enclosure
Very my yours,
4
George C. Wall, Jr.
District Engineer
District Five
or.T s 1979 D
�uY SECRETARY
ENGINEER -DIRECTOR
B. L. DEBERRY
TIED TO RESOLUTION 4267 - 9/13/79
1
j -
I AGREEMENT FOR THE STATE TO SURVEY, INSPECT, APPRAISE
l AND INVENTORY BRIDGES ON PUBLIC ROADS AND STREETS
i
!THIS AGREEMENT, made this 13th day of September , 1979, by
and between the State Department of Highways and Public Transportation, Party
-
of the First Part, hereinafter called the "Department", and City of Lubbock, a
local government, or governmental agency or entity, Party of the Second Part,
acting by and through its Mayor and by virtue of the authority shown on Reso-
lution attached hereto and made a part hereof.
WITNESSETH
WHEREAS, the Party of the Second Part is owner of certain bridges on
public roads and streets within its jurisdiction; and
WHEREAS, Title 23, United States Code as amended by the Surface Trans-
portation Act of 1978, requires that an inventory, inspection and appraisal be
completed of all highway bridges on public roads and streets; and
WHEREAS, it is incumbent upon the Department to assure accomplishment of
this work.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of mutual covenants
and agreements of the parties hereto to be by them respectively kept and
performed, as hereinafter set forth, it is agreed as follows:
1. The Party of the Second Part hereby grants permission to the Depart-
ment or its contracted Consultant, to perform on-site surveys and inspections
of bridges under its jurisdiction for the purpose of developing inventory and
appraisal information and data, and further agrees to furnish available
information and data concerning such bridges, to the Department.-
2. All of the above described information and data shall be the pro-
perty of the Department. However, such information and data will be provided
to the Party of the Second Part upon request.
3. Nothing herein is intended to change the respective responsibil-
ities under the laws of this State of thepartieshereto. It is expressly
understood that the Department's responsibility shall be limited to the
reasonably prompt conveyance of information and data described in 2 above to
the Party of the Second Part. Responsibility for deciding upon the impo-
sition of load restriction, closure, repair or other such action, shall remain
that of the Party of the Second Part.
iJN TESTIMONY WHEREOF, the parties hereto have caused these present to be
executed in duplicate on the day above stated.
PART OF THE FIRST PART: PARTY OF THE SECOND PART:
i
DISTRICT ENGINEER, STATE DEPARTMENT CITY OF LUBBOCK, TEXAS
OF HIGHWAYS AND PUBLIC TRANSPORTATION
rte-'
aja r A
Ey:
District ngineer, WEST, MAYOR
District No.
ATTEST:
Ev lyn Gaff a,
City Secretary-Treasurer
AAP-PROVED AS TO CONTENT:
t
Denzel Percifull,
Director of Public Services
APPROVED AS TO FORM:
w
Donald G. Vandiver,
First Assistant City Attorney