HomeMy WebLinkAboutResolution - 092861A - Contractual Agreement - PNGC - Right Of Way Utility Adjustment Loop 289 - 09_28_1961 F OS:k F
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RESOLUTION
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTUAL
UTILITY ADJUSTMENT AGREEMENT FOR RIGHT-OF-WAY UTILITY AD-
JUSTMENT P.ROJECT LOOP 289, R W 783-2-2,,. AGREEMENT NO. U-2721,,
BETWEEN THE CITY OF LUBBOCK AND PIONEER NATURAL GAS 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 Loop 289, including the acquisition of the rights
f� owned by all utility companies having improvements within such right of way:
I and,
WHEREAS, the City Commission finds that it is necessary to lower and case
ten inch gas main across Loop 289, which has been necessitated by the con-
struction of said Loop 289, and that the cost of adjustment of said line is with-
in contemplation of the City of Lubbockas Contractual Agreements with the
State of Texas; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION I. THAT the Mayor be and he is hereby authorized and directed
for and on behalf of the City of Lubbock to execute Agreement No. U-2721
Project R W' 783-2-2 Loop 289 covering adjustment payments to be made to
Pioneer Natural Gas Company for the adjustment removal or relocation of cer-
tain facilities owned by the Pioneer Natural Gas Company crossing Loop 289 at
the point designated in the contractual agreement hereinabove described which
attached hereto and hereby incorporated by reference for all purposes as thoug
copied in full herein.
SECTION U. THAT the City Secretary-Treasurer is hereby authorized
and directed to attest the Mayoras signature to said Adjustment Agreements
affixing the seal of the City of Lubbock thereto.
DAVID C. CASEY, May-il
ATTEST:
Laveni Lowe, City cretary-Treasurer
►fy Attorney
r; Te`.Faad H_ghuay Department
Fo m 'D-15-43
Pe 1 of 2
CONTRACTUAL AGREEMENT
j FOR
RIGHT OF WAY UTILITY ADJUSTMENTS
(CITY FORM)
STA E OF TEXAS
COUNTY Lt�bbo�
COI TY OF TRAV IS PROJECT _EW 783-2..2
4' HIGHWAY -2@9
f AGREEMENT N0. U-2721
(To Be Completed By The State)
Thl agreement entered into this
by and between the State of Texas, acting byyand through the Texas Highway Department of 9 —
he inaf ter .ca1led the State, and M
nhhoak � , Texas, acting by 1
an through its duly authorized official under Ordinance dated
day of j
19 , hereinafter called the 'City, ,. and pj,,,,A„^
acting by and through its duly authorized represeri:1
he inafter' called theiOwner. e.
WH , the State and 'C i t have
y previous to this date entered into,a contract agree n
.I'I to handle by separate contract the adjustment, removal or relocation of certain uti�it:
facilities necessitated as a result of highway improvements on the subject project pc� ii ,.
the asis ;o£ a, predetermined firm commitment for right Of way reimb�irsement approved by
i li the to to� �
WHE
+ 1, the Owner, in an ,affidavit dated
ass ted aln interest in! certain lands and that thisr 7f� ' 19 6 ; a °
nec sitate ;the adjustml nt'y removal or relocation of certainfacposed higilitiespofvthen Owner
will
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i'iloc edlupon such lands as' indicated in the following statement of work: i
Low and ;case 10" Gas Main across Loop 289 at approximate $
� ISec on 77, Mock A, Lubbock County, Texas.'
�Y engineers Station 373 + l�
i
WHEtEAS the', State and the City desire to accomplish
Of a 'Owner s utility P the a'd justment, removal or rel Ic ti
facilities b enterin into an agreement with' the Owner
y g g
NOWTHEREFORE, be it mutually agreed that !this contract entere& int the p r ie� hereto is intended to implement and effectuate the termslandisrovisio date etwe
,''thatontr ct of provisions
and t l e Ci� `� a , 19-_s entered into between theS 'it as it pertains to right of way utility adjustmentslandl,as it effects t
utili y` 'fa�ilities' of the Owner.
I I
Upon execution of this agreement b the
uth iz y parties hereto the City will, by written not ce III ;
h� Owner to proceed with the neclssary adjustment, rertloval or relocation; a�
he net agrees to prosecute such work diligently to completion
of sultAn avoidable iinterference or del y in either theStatei's h!ighwaynconstruc iner as t
r i
th� said work.
The ner will carry out� said adjustments
the or relocations in accords9E ' if
he ans attached "heret� accordance wit
and the costs paid by the City pursuant to this contract
if
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I
p
Page z 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.
I
The City, subject to the acquisition of such rights or interests as may be deemed necessar.)
along or across the Owner's interest in land, agrees to pay the Owner and the Owner agrees
to accept a lump sum amount of $ �3ti$,3$ 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 fully accomplished. The State will reimburse the
County in an amount equal to 50 per cent of the lump payment to the Owner upon receipt of
proper billing and certificate by the County 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
iState 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
Iof the State or the City.
I �
CITY OF i,ubbock , TEXAS THE STATE-OF TEXAS
t
Certified as being executed for
�BY: the purpose and effect of, activating
Mayor and/or carrying out the orders,
established policies, or work, programs
heretofore approved and =i'iathori led by
the State Highway Commission:`
1 4TTEST: By: -
k Executed as State Highway ,Engineer
and approved for State Highway
Commission.
1 ER: pioneer Natural Gas Comany RECOMMENDED FOR APPROVAL
�y.itle:
k Do t e
District Engineer
E�camined and Recommended for Approval :
I
Right of Way Engineer
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