HomeMy WebLinkAboutResolution - 101261B - Contractual Agreement - State Of TX - ROW Utility Adjustment Loop 289 - 10_12_1961 JP : wg -2-3
} RESOLUTIONS
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTU 'L
UTILITY ADJUSTMENT AGREEMENT FOR RIGHT-OF-WAY UTILITY ADJUST-
MENT PROJECT LOOP 289, RW 783-2-2, AGREEMENT NO. U-2765, BETWE
THE CITY OF LUBBOCK AND THE ST.UE OF TEXAS.
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WHEREAS, by virtue of certain Contractual Agreements between the State
y- 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
owned by all utility companies having improvements within such right of way:
and,
WHEREAS, the City Commission finds that it is necessary to adjust and
relocate 351 ft. of 1011 class 50 asbestos cement water cbllection line with class
150-87 cast iron water line across Loop 289 at approximately Engineers Sta-
tion 453 r 25 in Section 5, Block A, Lubbock County, 'Texas, which has been
necessitated by the construction of said Loop 289, and that the cost of adjustment
of said line is within contemplation of the City of Lubbockts Contractual Agreeme t:
with the State of Texas; 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 Agreement No. U-2765 Pro-
ject RW 783-2-2 Loop 289 covering adjustment payments to be made to the State
of Texas for the adjustment removal or relocation of certain facilities owned by
the State of Texas crossing Loop 289 at the point designated in the contractual
agreement hereinabove described which is attached hereto and hereby incor-
porated by reference for all purposes as though copied in full herein.
SECTION 2. THAT the City Secretary-Treasurer is hereby authorized
and directed to attest the Mayorls signature to said Adjustment Agreements
affixing the seal of the City of Lubbock thereto.
�••AVI C. C7��s�Y, 1Giayo —'---
ATTES
R_ VZ1.1f_ ity AttorneyLave 'a owe,City ecretary-Treasurer
Zexas Highway Department
Form D-15-43
Page 1 of 2
CONTRACTUAL AGREEMENT
FOR
4 ; RIGHT OF WAY UTILITY ADJUSTMENTS
(CITY FORM)
STATE OF TEXAS COUNTY Lubbock
PROJECT EW 7 -2-2
COUNTY OF TRAVIS HIGHWAY IA 289
AGREEMENT NO. U-27 5
(To Be Completed By The State)
This agreement entered into this _ day of , 19 0
by and between the State of Texas, acting by and through the Texas Highway Department,
hereinafter called the State, and the City of Lubbock , Texas, acting by
and through its duly authorized official under ated day of
199 heorl.erfi.}Y-arzd----- --- -- ----------
hereinafter called the Owner.
Owner
WHEREAS, the State and -1-ey- 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 duly 24 , 19_b _, 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:
Remove and replace 351 ft. of lO" class 50 asbestos cement water collection line with
class 150-87 cast iron water line across Loop 289 at approximately Engineers Station 453 + 25
in Section 5, Blk. A. Lubbock County, Texas.
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 dasnlazy 7 , 19-52—, 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 8wrWill, b,-%.14�-cao�ic�ey
•e+* =}-i- tee--OSneL tre- 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 G44-j6pursuant to this contract
to owner
D-15-43
Page 2 of 2
qshall 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 G+t7- not
later than ninety (90) days after completion of the work. State
F
Owner
The -Qzy, subject to the acquisition of such rights or interests as may be deemed necessary
along or across the Owner's Test in land, agrres-ea-pal- ee��-Owner and the Owner agrees
to accept a lump sum amoun 3,hg2.71 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
effect that such work has been fully accomplished. The State will reimburse the
-�a3--asp-.aL-.ecfusl-sa-.SQ. x upon receipt of
proper billing and certificate by the #�y-EaE-p�s3+edeae- e-�l� e-ae3ets�t sae-boen-;esd4-te
t+�re--0w,rrer. 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.
Owner:
CITY OF Lubbock , TEXAS THE STATE OF TEXAS
i
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 authorized'by.
the State Highway Commission:
ATTEST: By: _
Executed as State Highway Engineer
it
and approved for State highway
b Lubbock, Tex rotary-Treasurer Commission.
ce
OWNER: RECOMMENDED FOR APPROVAL
By:
Title:
Date:
District Engineer
Examined and Recommended for Approval:
Right of Way Engineer
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