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HomeMy WebLinkAboutResolution - 122958A - Contract Agreement - County Of Lbk - Issue Of Check To COL For US 62 Improvement - 12_29_1958 12zqSIBA- R E S 0 L U T I 0 N ,-� On Motion of Cnmmiygsinner Casey , seconded by Commissioner Maxey , the City Council of the City of Lubbock, by unanimous vote, passed the following Resolution; BE IT RESOLVED That the Mayor of the City of Lubbock be, and he is hereby authorized and directed to execute an behalf of the City of Lubbock, the contract and agreement with the County of Lub- bock, attached hereto and made a part of this Resolution for all purposes and the City Secretary is authorized and directed to sign and attest said contract in behalf of the City of Lubbock. The above and foregoing Resolution was passed by unanimous vote by the City Council as aforesaid in meeting duly assembled on the 29thday of December, 1958. 71 TY SECRETARY i R E S O L U T I O N On Motion of FRED GENTRY , seconded by ARCH LAMB , the County Commissioners of the County of Lubbock, by unanimous vote, passed the following Re- solution; County Commissioner, Pet 2, and Presiding Officer of Commissioners' Court, BE IT RESOLVED That '.rIZIORTRIl 11,­ G'EW/of the County of Lubbock be, and he is hereby authorized and directed to execute onbehalf of the County of Lubbock, the codract and agreement with the City of Lubbock, attached hereto and made a part of this Resolution for all purposes and the Ex Officio Clerk is authorized and directed to sign and attest said contract in behalf of the County of Lubbock. The above and foregoing Resolution was passed by unanimous vote by the County Commissioners as aforesaid in meeting duly as- sembled on the . lr day of December, 1958. EX OFFICIO CLERK /1 THE STATE OF TEXAS e z2q SPa COUNTY OF LUBBOCK This agreement made this day of December, 1958 by and between the CITY OF LUBBOCK, TEXAS, hereinafter called City, act- ing by and through its duly authorized mayor, and the COUNTY OF LUBBOCK, TEXAS, hereinafter called County, acting by and through its duly authorized County Judge. WHEREAS, The City has entered into a contract with the State of Texas, acting by and through its State Hidiway Commission, dated September 19, 1958, a copy of which is attached hereto and marked Exhibit "A"; and WHEREAS, The County has entered into contracts with various parties owning property along U. S. Highway 62, a list of such par- ties and the amounts reoived from each fo.r ;curb and gutter being at- tached hereto and marked Exhibit "B", and a copy of the form of con- tract between the County and such parties being attached hereto and marked Exhibit "C't; and WHEREAS, The County has received or will receive a total .of ($16,577.75) I�CTE_sN;g-H01US.0D-F'IVE ;##�ITNDRM.---&;EVENTX SEvEI�.^�'i7�/YOO:y Dol- lars from the parties listed in Exhibit "B" by contracts in the form of Exhibit "C" and it is desired by the City and County that said sum be paid to the State of Texas as a part of the total estimated cost of construction of the curb and gutter on U. S. Highway 62 as a part of the Cityts obligation in Exhibit "A"; r` NOW, THEREFORE, IT IS UNDERSTOOD AND AGREED By and between the City and County as follows: I. e— The County will issue its check in the sum of SIXTEENeTHUUSn"D F i ,HUNpLiED;,S4V.4NTy=s uEI�T,Bc '�5/IA.Q �Zf��S 75 } Dollars, payable to the State Treasurer, Account of Trust Fund No. 927,and deliver the same to the City of Lubbock for delivery by the City to the State pursuant to Exhibit "A". II. City will assume all obligations for the total cost of the estimated construction involved in Exhibit "A" and the County will not be called upon for any additional payments with regard thereto. III. 1 Z 2A 59A Should there be any refund from the State of Texas under Ex- hibit "A", then such refund shall be made to the City. IV. In the event the actual cost of construction of the curb and gutter work covered by Exhibit "A" shall be less than One and 75/100 ($1.75) Dollars per lineal foot, then the City shall refund to the County the excess of the One and 75/100 ($1.75) Dollars per foot paid over such actual costs of construction for refund to the parties named in Exhibit '"B" as per the Countyts contract with said parties shown as 'Exhibit "C". EXECUTED In duplicate this the day and year first above stated. CITY OF ZOR CK, TEXAS ATTEST: By; � l/! C ECRETARY I COUNTY OF LUBBOCK, TEXAS ��¢¢ ATTEST; By- _ JUDGE' -" EX OFFICIO CLERK -2- C 380-1-16 U 1104 (9) EXHIBIT A Lubbock County THE STATE OF TEXAS { � 03 91 Sf � COUNTY OF TRAVIS { THISAGREEMENT, made this 19th'day of December,1958, by and between the City of Lubbock„ Texas, hereinafter called the "City", Party of the First Part, acting by and through its City'Council and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and through its State Highway Commission. WHEREAS, the City desires the construction of concrete curb and gutter within the limits from Oxford Avenue to 1.5 miles Southwest of Doud Switch on U.S. Highway No. 62, which is solely the Cityls responsibility and the City has requested the State to construct or have constructed this work. The State will construct or have con- structed this work for and on behalf of the City and at the City's sole expense. The estimated construction cost of this work is Thirty Two Thousand Two Hundred and Nof100 Dollars ($32,200.00), r-: including contingencies and construction engineering. NOW, THEREFORE, it is :understood that this proposed work will be constructed by the State and the City will transmit-!,to the State with the return of this agreement, executed by the City, a warrant made payable to the State Treasurer, Account of Trust Fund No. 927 in the amount of Thirty Two Thousand Two Hundred and No/100 Dollars 402,200.00), to be used in paying for the proposed work required b y the City in the City of Lubbock. It is further understood that the State will construct only those items for the City as requested and required by the City and the entire cost of such items will be borne by the City. If the State elects to receive bids and if upon receipt of bids by the State and/or the actual construction and/or approved changes in the contemplated improvement it is found that this amount is insufficient to pay the City's portion, then the City upon request of the State will forthwith supplement this amount by an amount equal to the City's full estimated or actual share of the cost of this work less the amount previously paid into Trust Fund No. 927. In the event the amount as paid is more than the actual cost, then the excess amount will be returned to the City. It is further understood that the work to be done on behalf of the City, as herein provided, will include the cost of contingencies and construction engineering. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated,, CITY OF LUBBOCK STATE OF TEXAS Party of the First Part STATE HIGHWAY COMUSSION Party of the Second Part By: Mayor Certified as being executed for the purpose and effect of act- BY: ivating and/or carrying out the Member of City Council orders, established policies, or BY: work programs heretofore approved and authorized by the State Member of City Council Highway Commission: BY: BY: Member of City Council State Highway Engineer under BY: authority of Commission Minute ember of City Council30665 Recommended for execution: Engineer of Aid Projects EXHIBIT "B" ".LUBBOCK COUNTY HIGHWAY 62 CURB AND GUTTER FUND" . (Precinct #.'1) r-- NAM NO. OF FEET AMOUNT PAID E.A. HANKINS 2,345 ft. $4,103.75 L.D. THOMAS 1,002 ft. 1,753.50, C.H. TUBBS SR. 200 ft. 350,00 B. SHERROD 870 ft. 1,522.50 C.C. PETTIET 127 ft. 222.25 L.D. WALL 1144 ft. 252.00 E.J. PARSONS 1,490 ft. 2,607.50 CHARLES E. JACKSON 312 ft. 546.00 L.W. CHANCE JR. 864 ft. 1,512.00 MARY E. MIDDLETON 100 ft. 175.00 R.G. HENRY 328 ft, 574.00 THOMAS K. SU MPTER 367 ft. 642.25 V.T. MCMULLEN 798 ft. 1,396.50 DOROTHY ROSE NOVAK 100 ft. 175,00 AYCOCK LABRATORIES 126 ft. 220.50 J.B. HINSON 100 ft, 175.00 COX & SCHUSTER 200 ft. 350,00 016,577.75 E}CHIBIT "C" THE STATE OF TEXAS RECEIPT AND AGREEMENT COUNTY OF LUBBOCK KNOW ALL WEN BY THESE PRESENTS, THAT WE, • s as owners, do hereby acknowledge receipt of Warrant No. of Lubbock County, Texas, payable to our order in the sum of Dollars, representing the cost of feet of curb and gut- ter along sider our land on U. S. Highway 62 as a part of the con- sideration for our execution of a certain Right-of-way Deed in favor of the State of Texas dated and recorded in the Deed Records of Lubbock County, Texas. Contemporaneously with the execu- tion of this agreement, the above owners have endorsed said check to "Lubbock County Highway 62 Curb and Gutter Fund" to be deposited in -. said account in the Lubbock National Bank at Lubbock, Texas, subject to withdr*,val by ROYAL FURGESON, County Auditor, in accordance with the instructions of the Commissioners' Court for payment to the Texas State Highway Department to defray the cost of the laying of such curb and gutter. The above owners agree that said fund shall be used for such purpose and Lubbock County, acting through its duly authorized agent and Commissioner, ARCH LAMB, agrees to use said money for such purpose. In the event the cost of such curb and gutter shall be less than One and 75/100 (t1.75) Dollars per foot, then we understand that the Texas State Highway Department will refund, on a prorate. basis, such unused costs to the above owners or to Lubbock County for refund to such owners. If the re- fund is made to Lubbock County, then Lubbock County will make the prorate. refund received to the above owners. WITNESS Our hands this day of , 1958. OWNERS LUBBOCK COUNTY, TEXAS Bye. CH LAMB, Agent & Commissioner, Precinct One.