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Home My WebLink AboutResolution - 051161B - Contract - Highway Department - Section 12 Block A Use Of Earth For Embankment - 05_11_1961 .HIM c RESOLUTION I lit A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN ORIGINAL AND FIVE COPIES OF A CONTRACT WITH THE STATE HIGHWAY DEPARTMEN OF TEXAS WITH REFERENCE TO THE USE OF EARTH FOR A PROPOSED EMBANKMENTS, SAID EARTH# TO BE TAKEN FROM A TRACT OF LAND DES- CRIBED IN THIS RESOLUTION. WHEREAS, the State of Texas State Highway Department has submitted an "{ original and five copies of a contract for the use of earth for a proposed embank- ment in connection withProject U UG 1107(4) & 5, Highway No. ,Loop 289 WHEREAS2 the tract from which said earth is proposed to be taken as des- cribed on page 3 of the proposed contract is as follows: A tract of land out of Section 12„ Block A, Lubbock County: BEGINNING at a point 3300 feet West and 150 feet North of Southeast corner= Section 12, Block Al THENCE North 600 feet; THENCE West 1500 feet; THENCE South 200 feet.- THENCE South 60000t East 800 feet; �— THENCE East 807. 2 feet to PLACE OF BEGINNING. WHEREAS, it appears to be for the best interests of the municipality and its inhabitants and the general public that said contract be executed by the Mayor; NOW THEREFOR.E3, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: That the Mayor be and he is hereby authorized to execute an original and five copies of such contract with the State of Texas State Highway Department. Passed by the Commission this llth day of May, 1961. ,D YID C. CASEY, Mayo _ A T S For proved venia Lowe= ty aS _ce;Z AGREEMENT for purchase of ROAD MATERIAL by and between the STATE OF TEXAS STATE HIGHWAY DEPARTMENT and City of Lubbock (Name) 916 Texas Ave, Lubbock, Texas (Mailing Address) Control 783-2-4 & 5 Project U UG 1107(4) & ( 5) Highway No. Loop 289 Lubbock County Type of Material: Earth Borrow Type of Proposed Work: • Embankment This material or lesser amounts will be '^ used only when haul makes it most econom- ical source and may be secured on basis of lesser amounts or none. Form 1026R .HIM c RESOLUTION I lit A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN ORIGINAL AND FIVE COPIES OF A CONTRACT WITH THE STATE HIGHWAY DEPARTMEN OF TEXAS WITH REFERENCE TO THE USE OF EARTH FOR A PROPOSED EMBANKMENTS, SAID EARTH# TO BE TAKEN FROM A TRACT OF LAND DES- CRIBED IN THIS RESOLUTION. WHEREAS, the State of Texas State Highway Department has submitted an "{ original and five copies of a contract for the use of earth for a proposed embank- ment in connection withProject U UG 1107(4) & 5, Highway No. ,Loop 289 WHEREAS2 the tract from which said earth is proposed to be taken as des- cribed on page 3 of the proposed contract is as follows: A tract of land out of Section 12„ Block A, Lubbock County: BEGINNING at a point 3300 feet West and 150 feet North of Southeast corner= Section 12, Block Al THENCE North 600 feet; THENCE West 1500 feet; THENCE South 200 feet.- THENCE South 60000t East 800 feet; �— THENCE East 807. 2 feet to PLACE OF BEGINNING. WHEREAS, it appears to be for the best interests of the municipality and its inhabitants and the general public that said contract be executed by the Mayor; NOW THEREFOR.E3, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: That the Mayor be and he is hereby authorized to execute an original and five copies of such contract with the State of Texas State Highway Department. Passed by the Commission this llth day of May, 1961. ,D YID C. CASEY, Mayo _ A T S For proved venia Lowe= ty aS _ce;Z AGREEMENT for purchase of ROAD MATERIAL by and between the STATE OF TEXAS STATE HIGHWAY DEPARTMENT and City of Lubbock (Name) 916 Texas Ave, Lubbock, Texas (Mailing Address) Control 783-2-4 & 5 Project U UG 1107(4) & ( 5) Highway No. Loop 289 Lubbock County Type of Material: Earth Borrow Type of Proposed Work: • Embankment This material or lesser amounts will be '^ used only when haul makes it most econom- ical source and may be secured on basis of lesser amounts or none. Form 1026R STATE OF TEXAS, COUNTY OF This agreement is made this day of 19_, by and between The City of Lubbock_ its 3�tg #� rxasxax4z3mcxraxi�stx�Qoaxxeax successors or assigns, hereinafter referred to as the Party of the First Part, and the State of Texas, State Highway Department, acting through its State Highway Engineer, hereinafter referred to as the Party of the Second Part. Whereas, preliminary investigations have indicated that accept- able material is available from lands hereinafter described, owned controlled by the Party of the First Part, and Whereas, the Party of the First Part desires to sell any or all of this acceptable material. Witnesseth: The Party of the First Part for, and in consideration of one dollar ($1. 00) and other valuable considerations, receipt of which is here- by acknowledged, does hereby agree to hold for the exclusive use of the Party of the Second Part, its agent or Contractor, all Earth Borrow material occurring on said lands, hereinafter described, and to sell any or all of this material that may prove acceptable to the Party of the Second Part at the unit royalty price of`rhree cents per cubic yard . The Party of the First Part hereby further agrees to 'inden,nify and save harmless the Party of the Second Part from any and all damage, or loss, that may develop from existing mortagages or liens on the lands hereinafter described. The Party of the Second Part agrees to pay for all accepted ma- f terial at the unit royalty rate designated above by the Party of the First Part. Royalty payment(s) will be made (2) only once for each contract involved, such payment to be made after all material needed from this quarry for such contract has been removed, ](SIC No royalty ppayment will be made for strippings of quarry or other unsuitable material, whether at quarry or delivered on the road. IL It is mutually agreed that 1payment will, be made only for accept- able material, measured as provided far in I the governing specification, and I II I delivered tl points, designated by the duly authorized representative of the Party of the Sec O, 0 Part. The governing specification requires that the mateiiaY a '1 � neasbred'�� i its origival positron a d e *61bme 66mputed in e6.bi�d ° yard ;by method of aq rage 'end a ea's j. I II I I III II I I, i e iI I I I I 2 V I I Il it �L. �� ,1 �, �I� ,I I I I i �I � I � I Ili STATE OF TEXAS, COUNTY OF This agreement is made this day of 19_, by and between The City of Lubbock_ its 3�tg #� rxasxax4z3mcxraxi�stx�Qoaxxeax successors or assigns, hereinafter referred to as the Party of the First Part, and the State of Texas, State Highway Department, acting through its State Highway Engineer, hereinafter referred to as the Party of the Second Part. Whereas, preliminary investigations have indicated that accept- able material is available from lands hereinafter described, owned controlled by the Party of the First Part, and Whereas, the Party of the First Part desires to sell any or all of this acceptable material. Witnesseth: The Party of the First Part for, and in consideration of one dollar ($1. 00) and other valuable considerations, receipt of which is here- by acknowledged, does hereby agree to hold for the exclusive use of the Party of the Second Part, its agent or Contractor, all Earth Borrow material occurring on said lands, hereinafter described, and to sell any or all of this material that may prove acceptable to the Party of the Second Part at the unit royalty price of`rhree cents per cubic yard . The Party of the First Part hereby further agrees to 'inden,nify and save harmless the Party of the Second Part from any and all damage, or loss, that may develop from existing mortagages or liens on the lands hereinafter described. The Party of the Second Part agrees to pay for all accepted ma- f terial at the unit royalty rate designated above by the Party of the First Part. Royalty payment(s) will be made (2) only once for each contract involved, such payment to be made after all material needed from this quarry for such contract has been removed, ](SIC No royalty ppayment will be made for strippings of quarry or other unsuitable material, whether at quarry or delivered on the road. IL It is mutually agreed that 1payment will, be made only for accept- able material, measured as provided far in I the governing specification, and I II I delivered tl points, designated by the duly authorized representative of the Party of the Sec O, 0 Part. The governing specification requires that the mateiiaY a '1 � neasbred'�� i its origival positron a d e *61bme 66mputed in e6.bi�d ° yard ;by method of aq rage 'end a ea's j. I II I I III II I I, i e iI I I I I 2 V I I Il it �L. �� ,1 �, �I� ,I I I I i �I � I � I Ili I r i. II It is further -mutually agreed and tinder stood that`the agents of Contractors for the Party of the Second Part are to have free ingress to and egress from said lands, hereinafter described, for the purpose of excavating and removing said material. Ail fences, gates and other existing improvements on the said°' lands, hereinafter described, after removal of all material desired by the Party of the Second Part, shall be placed in a condition comparable in repair to their former state by the Party of the Second Part, its agent or Con- tractor. All equipment placed on said lands by the Party of the Second Part, its agent or Contractor, to assist in the removal of said material, shall be re- moved by the Party of the Second P�rt, its agent or Contractor, upon the aban- donment of the quarry. It is further mutually agreed and understood that should the Party of the First Part at any time consider the maintenance of watchmen or the erec- tion of additional fences, cattle guards, etc. , against possible damage or loss during quarry operations, all arrangements and costs incident thereto shall be the entire responsibility of the Party of the First Part. Any such safeguards considered necessary by the Party of the Second Part shall be the entire re- sponsibility of the Party of the Second Part. This agreement shall expire 2 year(s) from the date of execu- tion unless the Party of the Second Part at that time has under contract or has issued work order for construction of the project or projects hereinbefore de- scribed, in which event this agreement shall remain in effect until all such material desired by the Party of the Second Part for construction of said project or projects has been removed and the conditions hereinbefore stated have been fulfilled. Location and description of lands hereinbefore mentioned ( Give such information as is necessary to establish the location and limits of the source of material in a manner satisfactory and understandable to both parties): p. A tract of land out of Section 12, Block A, Lubbock County: BEGINNING at a point 3300 feet west and 150 feet north of south- east corner, Section 12, Block A; THENCE north 600 feet; THENCE west 1500 feet; THENCE south 200 feet; THENCE South 60000, east 800 feet; THENCE east 807.2 feet to place of beginning. e 3 Form 1026R P i