HomeMy WebLinkAboutResolution - 101261D - Contractual Agreement - PNGC - ROW Utility Adjustment Loop 289 - 10_12_1961 JPB I!wg
RESOLUTI_O_N_ ho/mAV L
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTUAL
.�. 13T'ILITY ADJUSTMENT AGREEMENT FOR RIGHT-OF-WAY UTILITY ADJUST-1
MENT PROJECT LOOP 289, RW 783-2-2,• AGREEMENT NO. U-2701, BETWEE
THE CITY OF LUBBOCK AND PIONEER NATURAL GAS COMPANY.
r 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
i 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,
1 WHEREAS, the City Commission finds that it is necessary to adjust and 3 relocate " and 6" gas mains across Loop Hwy. 289 at approximately Engr.
Sta. 26410 in Sections 11, 12, 16 and 17, Block A, Lubbock County, Texas,
which has been necessitated by the construction of said Loop 289, and that the i
cost of adjustment of said line is within contemplation of the City of Lubbockts
Contractual agreements with the State of Texas; NOW THEREFORE:
i
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
i
for and on behalf of the City of Lubbock to execute Agreement No. U-2701
Project RW 783-2-2 Loop 289 covering adjustment payments to be made to
I Pioneer Natural Gas Company for the adjustment removal or relocation of certai
facilities owned by the Pioneer Natural Gas Company crossing Loop 289 at the
point designated in the contractual agreements hereinabove described which is
attached hereto and hereby incorporated 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 Mayoris signature to said Adjustment Agreements
affixing the seal of =the City of Lubbock thereto.
AVID Mayor --�—
U
A T T ES Form k
City Altoinz
Lave 'a Lowe, City ecaretary-Treasurer
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Texas Highway Department
Form D-15-43
Page l of 2
CONTRACTUAL AGREEMENT
FOR
RIGHT OF WAY UTILITY ADJUSTMENTS
• 1Q (CITY FORM)
E STATE OF TEXAS COUNTY Lubbock
PROJECT 1ZW 7 3-2-2
COUNTY OF TRAVIS HIGHWAY Loop 289
AGREEMENT NO. II 2701
(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 Pioneer
Natural Gas Company , acting by and through its duly authorized representative,
hereinafter called the Owner.
,i
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;
I WHEREAS, the Owner, in an affidavit dated February 20 , 19_la _, 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:
AdJust and relocate 3" and 6" gas mains across Loop Hwy. 289 at approximately Engr.
Sta. 261 + 10 in Sections 11, 12, 16 and 17, Block 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 January 7 , 19_�2_, 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
D=T5-43
Page, 2 of 2
lull 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 Owners interest in land, agrees to pay the Owner and the Owner agrees
to accept a lump sum amount of $ 8.UO.99 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
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: 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:
�lllA, Executed as State Highway Engineer
City of Lub ock, Texass story-Treasu►o► and approved for State Highway
Commission.
OWNER: Pioneer Natural Gas Company RECOMMENDED FOR APPROVAL
By:
Title:
Date:
District Engineer
Examined and Recommended for Approval:
Right of Way Engineer