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HomeMy WebLinkAboutResolution - 011460I - Contract - PNG Co. - Loop 289 Project Utility Adjustments, CC&SF RR Survey - 01_14_1960 JW :wc ,ram I r' . � RESOLUTION 0/1 WHEREAS, certain utility adjustments are .needed with respect to Loop 289 Highway construction as regards gas lines owned and maintained by Pioneer Naturkl Gas Company; NOW THEREFORE: BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. The Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of said City a contract between said City, Pioneer Natural Gas Company, and the State of Texas on Form D-15-43 of the State of'Texas Highway Department, covering the following utility adjustment for Loop 289 Highway construction, to-wit: "Lower and case 10 3/4" bb line across F!,M. Highway 835 at the junction of Loop 289 and Engineer's Station 50 f 46. 0 in Section 1, Block S, GC. & SF. R.R. Survey, Lubbock, County. All as provided in said contract. SECTION 2. A copy of said contract shall be spread upon the Minutes of this Commission, and as spread upon said Minutes °said contract shall constitute and be a part of this Resolution. Passed by the Commission this 14th day of January , 19 59 . 4IS $.�— Mayor-- --- ATTE cy inN p roved La v -- -- --nxa Lowe, Secre ry-TFeasurer SI}y Attorney Texas#'High,'5y Department Form D-15-43 Page 1 109-2.1 �'. CONTRACTUAL AGREEMENT a FOR RIGHT OF WAY UTILITY ADJUSTMENTS (CITY FORM) STATE OF TEXAS COUNTY Lubbock PROJECT RW 3- -2 COUNTY OF TRAVIS HIGHWAY Loop -28-9 AGREEMENT NO. u-P3 (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 , Texas, acting by and through its duly authorized official under 0 dated 14 day of Resf u i n January , 19 60 , hereinafter ca ed t e 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 Odtober 30 , 19__, 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: Lower and case 10 )� " 00 Line acress F. M. Highway 835 at the function of Loop 289 and Engineer's Station 50 + 46.0 in Section 1, Block S, G.C. & S.Ft R.R. Survey, Lubbock County. 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 340X 31 , 19-52_, 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. The Owner will carry out said adjustments, removals or relocations in accordance with °; plans attached hereto, and the costs paid by the City pursuant to this contract y D-15-43 PpSe2of 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 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 $ 3,�43.82 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 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: Right of Way Engineer