HomeMy WebLinkAboutResolution - 062261A - ROW Utility Adjuestments - PNG Co. - Loop 289 Facilities, US 62 & 82 To US 84 - 06_22_1961 RESOLUTION
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE FIVE COPIES
OF A CONTRACT FOR RIGHT OF WAY UTILITY ADJUSTMENTS CONTAINING
�,. THE APPROVED AMOUNT FOR THE ADJUSTMENT OF PIONEER NATURAL GA
COMPANYtS FACILITIES ON LOOP 289 FROM U.S. HIGHWAYS 62 AND 82
NORTHEAST OF LUBBOCK, TEXAS TO U.S. HIGHWAY 84 NORTHWEST OF
LUBBOCKv,, TEXAS
WHEREAS, The Texas Highway Department has submitted an original and
four copies of a contract called "(5) copies" in a transmittal letter from O. L.
Crain., District Engineer,, District Five; and
WHEREAS,, said documents are a contract with reference to right of way
utility adjustments of Pioneer Natural Gas Companyts Facilities on Loop 289
from U. S. Highways 62 and 82, Northeast of Lubbock,, Texas to. U. S. Highway
84 Northwest of Lubbock, Texas; and
WHEREAS#, the description in the contract is "Lower existing 10" gas main
across propose drainage channel on' Loop 289 located in Section 77a Block A,
Lubbock County at approximately Engineers Sta. 418 -IL 50; and
WHEREAS, the estimated cost, as shown by an affidavit by R. M. Curry,,
Vice President, Pioneer Natural Gas Company, is $709. 671 and
i
WHEREAS,, it appears that it is to the best interests of The City of Lubbock,
Texas,, its inhabitants, and the general public that said contract be approved and
executed; NO W THEREFORE:
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK
THAT the Mayor be and he is hereby authorized to execute the aforesaid
contract by signing the five copies thereof.
Passed by the Commission this 22nd da of Junes, 1961.
D C. CASEY,, Mayor
/-
• ATT Fo 0
1LlC*�c
City Attorney
L enia Lowe, r tary-Treasurer
Texas Highway Department c
Form D-15-43
Pages 1 of 2 C a
CONTRACTUAL AGREEMENT
FOR
b LjLi RIGHT QF WAY UTILITY ADJUSTMENTS
(CITY FORM)
� ATE "Y-A
OF T COUNTY Lubbock
5, PROJECT RW 783-2-2
COUNTY OF TRAVIS HIGHWAY Loop 289
AGREEMENT NO. U-2686
(To Be Completed By The State)
This agreement entered into this 22nd — day of June , 19 61 ,
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 dated 22nd day of
June , 19 61 , hereinafter ffecTtMed �ie City, and pioneer Natural
Gas COamancy , 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 April 3-2 19_61_, 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 existing 10" gas main across propose drainage channel on Loop 289 located in Sect.
77, B]k. A. Lubbock County at approximately Engineers Sta. 418 + 50.
WHEREAS, the State and the City desire. to accomplish the adjustment, removal or relocation
of the Owner's utility facilities by ertering';::i'nto an agreement with the Owner;
NOW, THEREFORE, ,be it 'mutua4y agreed ,that; th�"s contract entered into this date between
the parties hereto is.,intended; to implement a#d ef£ectuate, the terms and provisions `of
that contract. of 19' , entered into, between the State
and the Ci�y, as it' pertains tO right oaf 'Way, 'tiiIity ads ustm'ents arid': asp it effects the
utility facilities of the 1 er.
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Upon execu ion d£ t i Ill �e a tIl ► th t�` I ne eto;� he' ty'ka 1; b w tten�lhotjice, I
authorize e';Ww e'r'llt�5 c d w; h tki'. I ''. ad':'u me ' r'gm :a I r ' oca' pn;j ;and ;.
t I � k I� I �qil 1 I
he Owner ge es ! o r s u urn ywox i i, iy tp ! mp el A I Lneri 4 ill
nbt result <nr_avQid� t rje ice o ` �1 s � �eithe tit to ke' ` ' i; a II cons action
or, in n k11e aid w4xk a 11E [ is ;
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The Owner iIl] carr p 't saf djj stme�i s,�I��� �Is prig el cl tit�nsl k'i' � Ie:o l anc� �i't
d 'e plans t't! ch�ed 'ear ; d tt} co5 I I a ii th C y u' su'I' t'`I Ili's 1!I On' ct
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D-15-43
Page 2 of 2
roll`
shall be full compensation to the Owner » the c incurred in making sul:h adjustments,
removals Dr. relocations. Bills for ,work er. un�:-• shall be submitted to L-h- C,ty not
later thal ninety (90) days after comrlet on th work.
The City, subject to the acquisitiori of ch r.,, zterests as may be deemed necessary
along or Ecross the Owner's interest in , agrees w pay the Owner and the Caner agrees
to accept a lump sum amount of $ _W as full reimbursement for work
covered bi this contract, said reimburs- it be forthcoming in such lump stud only aEcer
receipt cl a lump sum final billing in th;: foregoing amount accompanied by a co rtificate
to the eflect that such work has been fu{ l• accomplished. The State will reimburse the
City in au amount equal to 50 per cent of lump payment to the Owner upon receipt of
proper bi'.ling and certificate by the City that payment in this amount has been made to
the Owner
It is exp:-essly understood that this contract is subject to cancellation by either the
State or .he City at any time up to the di.te that work under this contract. ha :
authorized and that such cancellation will not create any liability on either the part
of the St-+te or the City.
CITY OF Lubbock , TEXAS THE STATE OF TEXAS
Certified as being c
BY: � ' the purpose and efE:,ct
Mayor and/or carrying out thi , : j rs,
established policies, c - work program
F« �• - -�' heretofore approved anc. authorized by
✓!r� S the State Highway CommS ;sion:
ATTEST: B
• By: -
Executed as State Hightlry Engineer
and approved for State iighway
Comnission.
OWNER: Pioneer Natural Gas Company REJOMMENDED ,FOR APPR=iL
By:
Title:
Date:
District Engineer
Examined and Recommended for Approval:
Right of Way Engineer
b ti
s ig wa Dep rtm nt
Page 1 of 2
4
CONTRACTUAL AGREEMENT
FOR
RIGHT OF WAY UTILITY ADJUSTMENTS
(CITY FORM)
STATE OF TEXAS I COUNTY Lubbock
PROJECT Rid 783-2-2
f COUNTY OF TRAV I5 HIGHWAY Loop 289
f, AGREEMENT NO. U-2675
(To Be Completed By The State)
This agreement entered into this 22nd _ day of June , 1961 ,
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 dated 22nd day of
June , 19k __, hereinafter RIQ T Re City, and Pioneer Natural
Gas Corpanv. , 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 April 12 , 19 61 , 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 10" 4as „Main across proposed drainage channel on Loop 289 in Section 11, Blk. A.,
Lubbock County ;fit approximately Hwy. Sta. North 290 + 00.
WHEREAS, thelState andlthe 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 January 7s , 19 _, entered into between the State
and the City, .es it pertains 'to right of way utility adjustments and as it effects the
utility facilities -of the Owner.
Upon execution of thisiagreement by the parties hereto the City will, by written notice,
authorize the Gwner! to`lprocee'd 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 interrference or delay in either the State's highway construction
in the said work'.
The OK.-ner will parry oOk. said, adjustments, removals or relocations in accordance with
the plans atCached'here"ko, and the costs paid by the City pursuant to this contract
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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 'paythe Owner and the Owner agrees
to accept a lump sum amount of $ 605.13 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 fullylaccomplished. The State will reimburse the
City in an amount equal to 50 per cent of the lump payment tothe Owner upon receipt of
proper billing and certificate by the City 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: 4z4a( �.0 �1 '� /' the purpose and effect of activating
Mayor and/or carrying out the orders,
&#we Approved established policies, or work programs
heretofore approved and authorized by
1-ity A01,1. Iy
the State Highway Commission:
ATTEST:" By: _
Executed as State Highway Engineer
and approved for State Highway
Commission.
OWNER: , Pioneer Natural Gas Co RECOMMENDED FOR APPROVAL
By:
ri tle:
Date:
District Engineer
Examined and Recommended for Approval :
Right of Way Engineer
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