HomeMy WebLinkAboutResolution - 011460B - Contractual Agreement - PNG Co. - Utility Adjustments, Project RW783-1-2 - 01/14/1960JPBN c 7,C-�
RESOLUTION r�/✓J r
WHEREAS, the State of Texas and City of Lubbock have previously entered intc
Contract agreeing to handle by separate Contract the adjustment, removal or re-
location of certain utilities facilities necessitated as a result of highway improve-
ments on Project RW 783-1-2, Loup 289, on the basis of a predetermined firm
i commitment for right of way reimbursement approved by the State; and,
;k
WHEREAS, the Pioneer Natural Gas Company has by affidavit asserted an
` interest in certain lands so located in relation to said project as to necessitate
' the removal and relocation of a 4*+ gas line in the vicinity of F. M. 835 and Loop
289, and lowering and casing of a 1011 gas main and installation of a 21'' service
line in the vicinity of the intersection of Loop 289 and U. S. Highway 84; and,
WHEREAS, the State and the City desire to accomplish the adjustment, remova
or relocation of said utility facilities by agreement with said Pioneer Natural Gas
Company; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Mayor of the City of Lubbock BE and he is hereby
authorized and directed, for and on behalf of the City of Lubbock to execute and
sign the five attached copies of Contractual Agreement for Right of Way Utility
Adjustments, Agreement No. U-2137, Projectwhich said agree-
ment as attached is hereby incorporated by reference into this resolution for all
purposes as fully as if set out herein.
SECTION 2. THAT the City Secretary is hereby authorized and directed to
attest the Mayor's signature to the said agreements affixing the seal of the City
of Lubbock thereto.
Passed by the City Commission this 14th day of January , 196
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Form D-15-43
Page 1 of 2
CONTRACTUAL AGREEMENT
FOR
RIGHT OF WAY UTILITY ADJUSTMENTS
(CITY FORM)
STATE OF TEXAS COUNTY Lubbock
PROJECT Rvi?b3-1-2
COUNTY OF TRAVIS HIGHWAY Loop 289
AGREEMENT NO. U-2137
(To Be Completed By The State)
This agreement entered into this _ day of , 19 ,
by and between the State of Texas, acting by and through the Texas Highway Department,
hereinafter called the State, and Lubbock t Texas, acting by
and through its duly authorized official under ffEfffndated I`+ day of
January , 19 0_, hereinafter called the City, and Pioneer Natural Gas
Company , acting by and through its duly authorized representative,
hereinafter called the Owner.
WHEREAS, the State and City have previous to this date entered into a contract agreeing
to handle by separate contract the adjustment, removal or relocation of certain utility
facilities necessitated as -a result of highway improvements on the subject project on
the basis of a predetermined firm commitment for right of way reimbursement approved by
the State;
WHEREAS, the Owner, in an affidavit dated October 23 , 19 59 , has
asserted an interest in certain lands and that this proposed 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 statement of work:
Remove and relocate 4" gasline in the vicinity of FIM. 8J5 and Loop 289.
Lower and case 10" gas main and install 2" service line in the vicinity
of the intersection of Loop 289 and U. S. Highway 84.
WHEREAS, the State and the City desire to accomplish the adjustment, removal or relocation
of the Owner's utility facilities by entering into an agreement with the Owner;
NOW, THEREFORE, be it mutually agreed that this contract entered into this date between
the parties hereto is intended to implement and effectuate the terms and provisions of
that contract of July 31 _, 1952--, 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 notice,
authorize the Owner to proceed with the necessary adjustment, removal or relocation; and
the Owner agrees to prosecute such work diligently to completion in such manner as will,
not result in avoidable interference or delay in either the State's highway construction
or in the said work.
e Owner will carry out said adjustments, removals or relocations in accordance with
,e plans attached hereto, and the costs paid by the City pursuant to this contract
1-A
D-15-43
Page 2 of 2
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shall be full compensation to the Owner for the costs incurred in making such adjustments,
removals or relocations. Bills for work hereunder shall 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 deemed 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 $ $,565.02 as full reimbursement for work
covered by this contract, said reimbursement to be forthcoming in'such lump 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 of
proper billing and certificate by the County that payment in this amount has been made to
the Owner.
It is expressly understood that this contract is subject to cancellation by either the
State or the City at any time up to the date that work under this contract has been
authorized and that such cancellation will not create any liability on either the part
of the State or the City.
CITY OF LUBBOCK , TEXAS
BY:
Mayor
ATTEST:
OWNER: EJONEER NATURAL GAS COMPANY
By:
Title:
Date:
Examined and Recommended for Approval:
THE STATE OF TEXAS
Certified as being executed for
the purpose and effect of activating
and/or carrying out the orders,
established policies, or work programs
heretofore approved and authorized by
the State Highway Commission:
By:
Executed as State Highway Engineer
and approved for State Highway
Commission.
RECOMMENDED FOR APPROVAL
District Engineer
Right of Way Engineer