HomeMy WebLinkAboutResolution - 071157B - Agreement - Highway Department - Project F443, HW U.S. 62 & 82 - 07_11_1957 RESOLUTION
�-^ WHEREAS, the City Commission of the. City of Lubbock desires to
enter into an .agreement with the Texas Highway Department and secure
�} reimbursement for right of way costs as provided by the attached contract;
THEREFORE,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
THAT the Mayor BE and he is hereby authorized and directed to
execute for and on behalf of the City of Lubbock the attached five copies of
agreement between the City of Lubbock and the Texas Highway Department.
designated Project F 443, Highway U. S 62 and 82, located between the
interesection of U, S. 82 with U. S. 62 and the Lubbock City Limits at Baylor
Street.
The City Secretary is,authorized and directed to attest the five
copies of said agreement ;and affix the seal of the City of Lubbock, and when
duly executed to attach to each copy an authenticated copy of this Resolution
and return to Mr. F. C. Stanley, Texas ,Highway Department, Box 771,
Lubbock, Texas, for approval by the Departmentle 'engineers
Passed by unanimous vote of the City Commission at Lubbock,
Texas, this 11 day of July, 1957.
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FORWENT, Mayor
ATTEST;
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Lavev nis: Lowe, Cit Secret ry-1 as.urer
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w CITY OF LUBBOCK 07115713
MEMORANDUM,Inter Office
IN-/
TO: Mr. N. B. McCullough, Director of Public WorksDate July 5, 1957
FROM: Mr. Vaughn E. Wilson, City Attorney
3UWECT: Project F 443 - Highway U. S. 62 & 82
1 am attaching copies of agreement with the Highway Department.
which were handed me by H. P. Clifton.. This probably should be on
the next Agenda,
This' is a new type of agreement with the .Highway Department and
specifies with reference to this particular project, the costs which will
be paid by the City as well as the costs to be paid by the State. It also
covers the work to be done by the State with reference to securing descriptions,
eta. and the work to be done by the City. The contract also deals with the
deter-urination of right of way values in the manner provided by the contract,
Due to the fact that whether or not the City conforms to the terms of
this agreement, WILL DETERMINE whether the City will receive up to
fifty per cent reimbursement for right of way costs, I suggest that the
records be properly kept and all terms complied with to lay a predicate for
claiming fifty per cent of the right of way costs.
For instance under REIMBURSEMENT it provides that if condemna-
tion is necessary the participation by the State shall be 'based on the final
judgment, CONDITIONED that the State has been notified in writing prior
to the filing of such suit and prompt notice is also given as to all: action
taker} therein.
This particular provision together with other provisions are not clear,
and in order to give proper notice to the :Highway Department., this should
be clarified probably with Mr. S. C.. McCarty. Please advise this Department
what notices the State will require in connection with condemnation. proceed-
ings. I suggest they be sent a copy of the Comrnissionts Resolution authorizing
condemnation and perhaps a copy of the notice given by the special com-
mission, if this would be satisfactory.
City Attorney
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cc: Mr. H. P. Clifton, City Manager
Mr. John L. Scott, Right-of-Way Agent
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