HomeMy WebLinkAboutResolution - 101261E - Contractual Agreement - Southwester Public Service Co - ROW Utility Adjustment - 10_12_1961 J PB: 9
RESOLUTION
41
F
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTU I.
UTILITY ADJUSTMENT AGREEMENT FOR RIGHT-OF-WAY UTILITY ADJUST
M MENT PROJECT LOOP 289 RW 783-2-1, AGREEMENT NO. U-2800, BETWEE
i THE CITY OF LUBBOCK AND SOUTHWESTERN PUBLIC SERVICE COMPANY.
7
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
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 s
relocate Southwestern Public Service Company Structures Nos. 222, 223 and
224 across Loop Hwy. 289 at approximately Engineers Station 180 / in Sec-
tion 18, 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 Agreements 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-2800 Pro-
ject RW 783-2-1 Loop 289 covering adjustment payments to be made to South-
western Public Service Company for the adjustment, removal or relocation of
certain facilities owned by Southwestern Public Service Company crossing Loop
289 at the point designated in the contractual agreement 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 Mayorts signature to said Adjustment Agreements
affixing the seal of the City of Lubbock thereto.
Passed by the Commission this 12th day d October ,
1961.
ATTEST lViay—
A
For •.prove
Lave 'a ow !ty 1'�--- '"e, City cretary Treasurer City Attorney
,
Texas Highway Department
'Form D-15-43
Page 1 of 2
ty1
C,CNTRACTUAL AGREEMENT
FOR
RIGHT OF WAY UTILITY ADJUSTMENTS
(CITY FORM)
STATE OF TEXAS COUNTY Lubbock
PROJECT RAT 783-2-1
COUNTY OF TRAVIS HIGHWAY Loon 289
AGREEMENT NO. U-2800
(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 hogk , Texas, acting by
and through its duly authorized official under Ordinance dated day of
, 19 , hereinafter called the City, and Southwestern
Public Service ComDarm , 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 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:
Change Southwestern Public Service Company Structures Nos. 222, 223 and 224 across Loop
Hwy. 289 at approximately Engineers Station 180 + 80 in Section 18, Block A, Lubbock
County, Texas.
WHEREAS, the State and the City desire to accomplish the adjustment, removal or relocation
of the Owners 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
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-43
2 of 2
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s all be full compensation to the Owner for the costs incurred in making such adjustments, '
r movals or relocations. Bills for work hereunder shall be submitted to the City not
]later than ninety (90) days after completion of the work.
"�he City, subject to the acquisition of such rights or interests as may be deemed necessary,
Mlong or across the Owner's interest in land, agrees to pay the Owner and the Owner agrees
o accept a lump sum amount of $ 2.661.93 as full reimbursement for work
overed 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
o the effect that such work has been fully accomplished. The State will reimburse the
ounty in an amount equal to 50 per cent of the lump payment to the Owner upon receipt of
roper 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
iauthorized and that such cancellation will not create any liability on either the part
of the State or the City.
s
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
f the State Highway Commission:
r'
ATTEST: , By:
! _
� !�/ Executed as State Highway Engineer
and approved for State Highway
CRY o Lubbock, Texas Secretory-Treasure► Commission.
OWNER: Southwestern Public Service Company RECCMMENDED FOR APPROVAL
By:
Title:
Date:
District Engineer
Examined and Recommended for Approval:
Right of Way Engineer
r
1
'RESOLUTION
f. k
A RESOLUTION AUTHORIZING', THE MAYOR TO EXECUTE CO'NTRACTI
UTILITY ADJUSTMENT AGREEMENT FOR RIGHT-OF-WAY UTILITY ADJUST
MENT PROJECT LOOP 284, RW 783-2-2r AGREEMENT NO. U-2101 BETWE]
' THE CITY OF LUBBOCK AND PIONEER NATURAL GAS COMPiA.NY.,''.
4_ WHEREAS, by virtue of certain Contractual Agreements betwel ea the Stag
�, , of Texas and the City of Lubbock said City is responsible for;the acquisition of
ki {',necessary rights of way for'Loop 289, including the acquisition of ,the rights..
; ►` owned by all utility companies having improvements within such'fright`-of'.way;
And,
WHEREAS, the City Commission finds that it is necessary to 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,
+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 Lubbock's
j Contractual agreements with the State of Texas; NOW THEREFORE:.
i�
r 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-2701
I Y B
Project RW 783-2-2 Loop 289 covering adjustment payments to be made to
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
I; copied in full herein.
SECTION 2. THAT the City Secretary-Treasurer is hereby authorized_
and directed to attest the Mayors signature to said Adjustment Agreements
affixing the seal of -the City of Lubbock thereto.
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