HomeMy WebLinkAboutResolution - 041361C - Utility Adjustment Contract - PNGC - Loop 289 At Its Intersection With 50Th St. - 04_13_1961 YY
{ 04 lobo I G
RESOLUTION
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A UTILITY
ADJUSTMENT CONTRACT NQi U-2599 WITH REFERENCE TO A UTILITY
LINE .OWNED BY PIONEER NATURAL GAS COMPANY AND CROSSING LOOP
289 AT ITS INTERSECTION WITH 50TH STREETO LUBBOCK, TEXAS
WHEREAS,, The City of Lubbock,, Texas has made an agreement with refer-
ence iQ a utility line owned by Pioneer Natural Gras Company which crosses Loop
289 where said loop intersects 50th Street= Lubbockp,; Texas; and.
WHEREAS, said adjustment agreement has been reduced to writing; and
WHEREAS, said agreement shows to be for the best interests of The City
of Lubbock aforesaid and of the general public; NOW THEREFORE
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK-
THAT THE Mayor be and he is hereby authorized to execute said Utirtiy
Adjustment Contract No. U-2599.
Passed by the Commission this 13t�, day of .�Anril , 1961.
AVID C. CAS EY2 Mayor
ATTEST: form Approvag
_I�aveniaI.ow ,4CM__�Ary-Tr asurer -- "Y �ttO`"°�'
._
h r,
t x 3 I
M,
t
PFiO:[EICr
�• � �� ! - �i 11 k� F� � � I�
cro I$�. 6�:=.�°n,1.tea P.
, r
a
agreement entered into this day of
y Ili , I
k try and between the State of Texas, acting by and through the Texas Highway Depart'metiltl�l I:
hereinafter called the State, and City.' of Lubbock , Texas, acting by L I
and through its duly authorized official under Ordinance dated day of Ih
19` , hereinafter called the City, and pioneer T
-Natural Gas Company acting by and through its duly authorized representative,
hereinafter called the Owner.
WHEREAS, the State and City have previous to this date entered into a contract agreeing
to handle by separate contract the ad ustment ` removal :or relocation
a of certain utility
facilities necessitated as a result of highway improvements on the .subject project on
the basis of a .predetermined firm commitment for right of way reimbursement approved by
the State;
UREMS, the Owner, in an affidavit Idated February 14 19 61 has
asserted an interest in certain lands and that this proposedhighway: improvement will
necessitate the adjustment, removal or relocation of certaim facilities of the Owner now
located upon such lands as indicated 'in the followingstatement of work:
Relocate ,and case a 61' as line across Loop 28 Right of Way at a roximatel$ F 9 � y �P Y
Station 519 +,-15 in Section 39 Block' Al Lubbock' ICounty.
�. WHEREAS, the State and the City de to accomplish the ad'iistmen
' I I �, t, removal; or Irelo�ation,`,
of the Owners utility facilities by entering into an agreement witti, the Owner;
II; i
N06T, THEREFORE, 'be it mutually °agree to dIthat this contract entered in his $'te b tw en
the parties hereto is intended to ippitiment and effectuate the terms aid prq' isio' s if
that contrar ct of Jan"
uai r 7 ll 1 , 11 59 entered i to '1 weeln th ' State'
and the City, as it pertains tokrigh'tidbf 'Iway utility adjustments anti a 1ti fec�t the
utility facilities of the Owners
Upon execaltion of this agreement by] the parties hereto the City �I
wi t by r to oti'ce,
authorize ;the Owner to proceed,'with, th 4ecessary adjustment remo rcation; ,• I
the Owner ..a rees to iosecut
e au h
I N r Lland
d g P c wt'oi"k, dili8ently to �com le�ion i u '. ' r
Ii i I �� P � � �� e ! w$'l 1
not result in avoidable interf8rence. o ldelay'' in either the tate'� hi wa, cans uc Iion
or the said work.
l
o
I
e' Owner will carry out said adj�� ust Its ovals rI rem reloc tions in aco ice 1 it
the plans ttached-hereto,: and the 'c' Ia !paid) by the�Cl !ty pu suant o }lisll tr t
,,.
� I � I�
•',t I � I I�I i I
f
I
I I
r
1
i
D-15-43
Page 2 of 2
sh',ti b L! Eull compensation to the Owner for the costs incurred in making such adjustments,
ro:rovals or relocations. Bills for work hereunder shall be submitted to the City not
liter 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 accent a Iu^:p sum amount of $ 7,674.71 as full reimbursement for work
covered by this contract, said reimbursement to be forthcoming in such lump sum only after
receipt of ,, lur:�p sum final billing in the foregoing amount accompanied by a certificate
ILO the effect that such work has been fully accomplished. The State will reimburse the
City in an cIriount equal to SO per cent of the lump payment to the Owner upon receipt of
!proper billing and certificate by the City that payment in this amount has been made to
,,':the Owner.
T't is expressly understood that this contract is subject to cancellation by either the
$talc car 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 Lhe City.
� I
vI
CI"'ti' OF ubbock TEXAS
p,
--- THE STATE OF TEXAS
BY: j Certified as being executed for
the purpose and ufEect of activating
y and/ carrying out the orders,
Mayor
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
— Cormnission.
t'CR;�ER: �1:, ���'aturwl C:: Cora any RECOMMENDED FWAPPROVAL'
Ilk
I
I
I
I
I i
I
I
I