HomeMy WebLinkAboutResolution - 011460D - ROW Agreement - THD - Loop 289 Improvements, Project RW783-1-2 - 01_14_1960 IPB Jwc &L
'0 RESOLUTION
WHEREAS, the State of Texas and City of Lubbock have previously entered into
Contrast 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, Loop 789, on the basis of a predetermined firm
commitment for right of way reimbursement approved by the State; and,
WHEREAS, the City of Lubbock has asserted an interest in certain lands so
located in relation to said project as to necessitate the removal and relocation of
certain utility facilities, and,
WHEREAS, the State and the City desire to accomplish the adjustment, removes
or reolcation of said utility facilities by agreement; 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
,e sign the five attached copies of Contractual A reement for Right of Way Utility
Adjustments, Agreement No. U-2142, Project RW 783-1-2, Loop 289, which
said agreement as attached is hereby incorporated by reference into this Resolutio
for all purposes as fully as if set out herein.
SECTION 2. THA.T the City Secretary is hereby authorized and directed to
,W. attest the Mayor's signature to said agreements affixing the seal of the City of
Lubbock thereto.
Passed by the City Commission this 14th day of January 19E 0.
IS BAK R, Mayor `—
ATTEST:
For ved
lta-
La.veni. Lowe,amity ecFeRary=Treasurers 'ty AMorney
Texas Highway Department
Form D-15-43
Pa of 2
-- CONTRACTUAL AGREEMENT
FOR
RIGHT OF WAY UTILITY ADJUSTMENTS
(CITY FORM)
STATE OF TEXAS COUNTY LUBBOCK
PROJECT RW 7 3- -2
COUNTY OF TRAVIS HIGHWAY Loop 2
AGREEMENT NO. U-2142
(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 the City of Lubbock , Texas, acting by
and through its duly authorized official under dated 14 day of
g y �'��n y
19_fLQ-, hereinafter called the msud
y-eaT �r]-�pi'esIMtt-a-t'i ,
owner
WHEREAS, the State and-CA-t-y-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 Septembet 30 , 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:
WHEREAS, the State desiresto 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 co%VH4. of July 31 , 1957 , entered into between the State
and the-Q-t,5, as it pertains to right of way utility adjustments and as it effects the
utility facilities of the Owner.
owner
Upon execution of this agreement by the parties hereto the -}i+7-will, fi �arittett-itert�ite,
�i+ e�i�e--thee-6artcr-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.
The Owner will carry out said adjustments, removals or relocations in accordance with
the plans attached hereto, and the costs paid � the-Qi4 --vursuant to this contract
`.., ow e
D-15-43
PPr 2 of 2
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 Stc of
later than ninety (90) days after completion of the work.
owner
The 6trty,, 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 accept a lump sum amount of/1 50% of 012,128.68 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
tcbag effect that such work has been fully accomplished. The State will reimburse the
ut the=ftma" upon receipt of
proper billing and certificate by the £eunt-r that payment has been made 2M
owner
It is expressly understood that this contract is subject to cancellation by eitker the
State-@-r-44'te-£4ty—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-e4-t the part
of the S to te_et..tU&-G,i.#,y:.
OWNER:
TEXAS THE STATE OF TEXAS
Certified as 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 authorized by
the State Highway Commission:
ATTEST: By:
Executed as State Highway Engineer
and approved for State Highway
Commission.
OWNER: RECOMMENDED FOR APPROVAL
By:
Title:
Date:
District Engineer
Examined and Recommended for Approval:
r", Right of Way Engineer