HomeMy WebLinkAboutResolution - 012562E - Contract Agreement - SW Public Service Co - Right Of Way Utility Adjustment - 01/25/19621
r/ RESOLUTION
a' h A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRAi
Illy TUBAL UTILITY ADJUSTMENT AGREEMENT FOR RIGHT-OF-WAY UTILITY
ADJTSTMENT PROJECT LOOP 289, RW783-2-2, AGREEMENT NO. U--2876,
BETWEEN THE CITY OF LUBBOCK AND SOUTHWESTERN PUBLIC SERVICE
COMPANY; AUTHORIZING CITY SECRETARY -TREASURER TO ATTEST SIGNA-
TURE TO StCH AGREEMENT AND AFFIX SEAL OF CITY OF LUBBOCK THERE
TO.
WHEREAS.by virtue of certain Contractual Agreements 'between the
State of Texas and the City of Lubbock said City is responsible for the acquisition
of necessary rights of way for Loop 289, including the acquisition of the rights
owned by all utility companies having improvements within such right of way; and,
WHEREAS, the City Commission finds that it is necessary to adjust and
relocate power line poles parallel to North Ash Avenue and crossing Loop 289
at approximately the Station 372+00 in Section 15, Block A, Lubbock County,
Texas, which has begn necessitated by the construction of said hoop 289, and
that the cost of adjustment of said line is within contemplation of the City of
Lubbock's Contractual Agreements with the State of Texas; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1, THAT the Mayor be and he is hereby authorized and directed
for and on behalf of the City of Lubbock to execute Agreement No. U-2876 Project
RW 783-2-2 Loop 289 covering adjustment payments to be made to the Southwest-
ern Public Service Company for the adjustment, removal or relocation of certain
power line poles parallel to North Ash Avenue and crossulg;Loop' 289 at approxi-
mately the Station 372 + 00 in Section 15, Block A, Lubbock County, Texas, all
as more particularly appears in the contractual agreement hereinabove described
which is attached hereto and hereby incorporated by reference for all purposes as
though copies in full herein.
SECTION 2. THAT the City Secretary -Treasurer is hereby authorized a
directed to attest the Mayor's signature bfsaid adjustment agreement affixing the
seal of the City of Lubbock thereto.
Passed by the City Commission this 25th day of January , 1962.
A-- I ILY �� AIV -'I
DAVID C. CASEY, Mayor
ATTEST:
�Mppr,,
-��'�------- City �.r.:.,.;;y
LaveniaAwe,ity S4ceary-T easurer
Texas Highway Department
0 Form D-15-43
Page 1 of 2
STATE OF TEXAS
I
COUNTY OF TRAMS
COUM k.
PROJECT RW -2-2 .
HIGHWAY 259
�AGREEMBNT NOe U-2 '
(.To" Be Completed By The State
This agreement entered into this, day of, 19
ta+_
by and between the State of Texas, acting by and through the es Highway Department,
hereinafter called the State, end,Lubbock Texas, acting by
and through its duly authorized 'official. under Ordinaecce -dated day of
hereinafter called the City, and Southwestern
Public Service Conn=, acting by and through its dulq authorized representative,
hereinafter called the Owner.
WHEREAS, the State and'•City have previous to this date"entered 3nto`aFcontract agreeing
to handle by separate contract the. adjustment, removil or relocation - of certain utility
facilities necessitated. as a result of highweq improvements oh the subject project on
the basis of a predetermined firm'conmitment for right of way reimbursement approved by
the State;
WHEREAS, the Owner, in an affidavit dated October,�}_�„�.�; 19 6�,_ , has
I!
an interest in certain lands and that this,froposed highway improvement will
necessitate the adjustment, removal or relocation of certain facilities of the Owner now
located upon such lands as indicated in the following ststement.of work:
Relocation and adjustment of power line poles parallel to Worth Ash Ave. exid crossing hoop,
289 at approximately Station 372 +-00.in Section'15, Block A' Iubbbck County, Tetab;
WHEREAS, the State and the City desire to accomplish the adjustment, removal or relocation
of the Ownerls utility facilities by entering into an agreement with the Owner; .
NOW, THEREFORE, be it mutually agreed that this contract entered into this date betvaen
the parties hereto is intended to implement and effectuate the'ierms and provisions of
that contract of Januar3r 7 , 19, entered into between the State
.�_.
and the City, as it pertains to right of way utility.adjustments and as it effects the
utility facilities of the Owner.
Upon execution of this agreement by the parties hereto the'.City will, by written fiotica,
authorize the Owner to proceed with the necessary adjusimedt, removal or relocation; end
the Owner agrees to prosecute such -work -diligently to completion iu such'menAer asp 4111
not result in avoidable interference or delay in either the State's highway construction
or in the said work. ,
The Owner will carry out said adjusttments,, removals or relocations in accordance vIth
"-he plans attached hereto, and the cost*` pand by the'City' �ur'sumn't to this Contract
Page 2 of 2
/'shall be full compensation to the Owner for the costs incurred in Mklog such adjustments,
removals or relocations Bills for work hereunder sha'll''be submitted to the City not
later than ninety (90) days after completion of the work.
The City, subject to the acquisition of such rights or'interests as may be 4eemed necessary
along or across the Owner's interest In land, agrees to pay the Owner.and the Owner agrees
to accept a lump sum amount of $1,129.2 aa•full reimbursement for work
covered by this contract, said reimbursemen— t o be forthcoming'
Insuch 1ump sum only after
receipt of a lump sum final billing in the .foregoing amount accompanied by a certificate
to the effect that such work has been fully accomplished. The State Will reimburse the
County in an amount equal to 50 per cent of the lump payment.to the Owner upon receipt'af. .
proper billing and certificate by the County that payment in,tt}is'amount has been made to
the Owner.
It is expressly understood that this contract is subject to cancel4ation by either the
State or the City at any time up to the date that work under 'this'contract ha's'bben
authorized and that such cancellation will -not create any liability on either the part
of the State or the .City.
CITY OF Lubbock .TEXAS T1IE STATS OF TEXAS
Certified sa being executed for
BY: the purpose and :effect of activating
Mayor and/or Carrying out the, orders,
established policies; or work programs
heretofore approved and authbrixed by
y the State Highway Court Iaaion.,
ATTEST:
Executed as State Highway Engineer
approved for' State 'Highway
l Ccriniasion.
OWNER: Southwestern Ohl i c AMmIce Coap&W .: ; RECOMMENDEDFOEt APPROVAL"
By: `
Title:
Date:
Distrct;Engineer
Examined and Recommended for Approvals