HomeMy WebLinkAboutResolution - 081061M - Contractual Agreement - Southwestern Public Service Co - ROW Utility Adjustment - 08_10_1961 :wg
041 IV
RESOLUTION
�aJ•GI
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTUAL
AGREEMENT FOR RIGHT OF WAY UTILITY ADJUSTMENT, PROJECT R W
783-2-2 LOOP 289, AGREEMENT,NUMBER U-2723, BETWEEN THE CITY OF
LUBBOCK AND SOUTHWESTERN PUBLIC SERVICE COMPANY.
WHEREAS, by virtue of certain Contractual Agreements between the State
of Texas and the City of Lubbock said City is responsible for the acquisition of
necessary rights of way for Lopp 289, including the acquisition of the rights
owned by all utility companies having improvements within such right of way;
and,
WHEREAS, the City Commission finds that the movement of'certain trans-
mission lines belonging to Southwestern Public Service Company has been
necessitated by the construction of said Loop 289, and that the costs of adjv.st=-
ment of said line are within contemplation of the City's Contractual Agreements
with the State of T exa S; NOW THEREFORE:
BE IT RESOLVED BY THE CITY ,COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Mayor be and he is hereby authorized and directed
for and on behalf of the City of Lubbock to execute the five attached copies of
Agreement No. U-2723, Project R W 783-2-2, Loop 289 covering Adjustment
payments to be made to Southwestern Public Service Company for the Adjust-
ment of transmission line structures crossing Loop 289 approximately one and
one-half mile North of Slatan interchange in Sections 11 and lb, Block A, Lubboc
County, Texas, which said copies of Agreement No. U-2723 attached hereto are
hereby incorporated herein by reference for all purposes.
SECTION 2. THAT the City Secretary-Treasurer is hereby authorized and
directed to attest the Mayor's signature to said Adjustment Agreements affixing
the seal of the City of Lubbock thereto.
Ma `r
ATTEST Y�
�lg -------- F pprov
Lave a L�vve, City ecretary-Treasurer City Attorney
Texas-Highway-Department
Form D-15-43
Page 1 of 2
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CONTRACTUAL AGREEMENT
I FOR
RIGHT OF WAY UTILITY ADJUSTMENTS
(CITY FORM)
STATE OF TEXAS COUNTY Lubbock
PROJECT RW 783-2-,2
COUNTY OF TRAMS HIGHWAY Loop 289
AGREEMENT NO. U-2723
(To Be Completed By The State)
This agreement'' entered into this _ day of , 19 ,
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 Ordinance dated day of
19 , hereinafter called the City, and Southwestern
'Public Service Co== , 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 apredetermined firm commitment for right of way reimbursement approved by
the State;
WHEREAS, the Owner, in an affidavit dated NU 1p , 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:
Adjustment of transmission line structures crossing hoop 289 approximately 1J mile
North of Slaton interchange in Sections 11 and 16, Blk, A. Lubbock County, Texas, of
approximately Engr. Sta. 290 + 15.
WHEREAS, the State and the 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 Jan. 7 , 19' 59_, entered into between the State
and the City, as it pertains to right of way utility adjustments and as it effects the
utility facilities of the Owner.
Upon execution of. this agreement by the parties hereto the City will, by written notice,
authorize the Owner to proceed 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 interference or delay in either the State's highway construction
or in the said work.
The Owner will carry out said adjustments, removals or relocations in accordance with
the plans attached hereto, and the costs paid by the City pursuant to this contract
1
3,
D-15-43'
P46 2 of 2
;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
6.
Along or across the Owner's interest in land, agrees to pay the Owner and the Owner agrees
Co accept a lump sum amount of $ 4,044.53 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
io the effect that such work has been fully accomplished. The State will reimburse the
10,ity in an amount equal to SO per cent of the lump payment to the Owner upon receipt of
roper billing and certificate by the City that payment in this amount has been made to
e,he Owner.
1t is expressly understood that this contract is subject to cancellation by either the
'S'tate or the City at any time up to the date that work under this contract has been
futhorized and that such cancellation will not create any liability on either the part
,of the State or the City.
IITY OF Lubbock , TEXAS THE STATE OF TEXAS
Certified as being executed for
the purpose and effect of activating
Mayor F and/or carrying out the orders,
I
established policies, or work programs
heretofore approved and authorized by
�� -City AttorMy the State Highway Commission:
i
A TEST: By: _
Executed as State Highway Engineer
and approved for State Highway
Commission.
NNNER: Southwestern Public Service Co. RECOMMENDED FOR APPROVAL
�II
I
tle:
Da..te:
District Engineer
Vamined and Recommended for Approval:
i
Right of Way Engineer
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