HomeMy WebLinkAboutResolution - 122062B - Contractural Agreement - THD - ROW Utility Adjustments, Project RW 783-2-2 - 12_20_1962 It km
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RESOLUTION �lzotzow
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTUALV
AGREEMENT FOR RIGHT OF WAY UTILITY ADJUSTM.ETQ% PROJECT RW 7834-
HIGHWAY LOOP 289, AGREEMENT NO. U-2795, LUBBOCK COUNTY, BETWEEN
�1 THE CITY OF LUBBOCK AND THE STATE OF TEXAS; AUTHORIZING CITY
SECRETARY-TREASURER TO ATTEST SIGNATURE TO SUCH AGREEMENT
AND AFFIX SEAL OF CITY OF LUBBOCK THERETO.
WHEREAS,, by virtae 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 Highway Loop 289 induding the acquisition of the right's
owned by all utility companies or other owners of public utilities, having improve
ments within such right of way; and
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° WHEREAS, the City Commission finds that the removal and relocation of
certain transmission lines belonging to the City of Lubbock has been necesslated
by the construction of said Highway Loop 289 and that the cost of adjustment of
said lines are within the terms of agreement contained in the said Contractual
Agreements between the City of Lubbock and the State of Texas;NOW THEREFOR :
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CBE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Mayor be and he is hereby authorized and directed fo
jand on behalf of the City of Lubbock to execute in quintuplicate the attached
- Contractual Agreement For Right of Way Utility Adjustment, Agreement No. i
U-2795, Project RW 783-2-2 Highway Loop 289 covering the relocation and the
agreed payment therefor of certain electrical facilities at various locations on thei
(� said project as shown by the plans attached to said Contractual Agreement, said
electrical facilities being owned by the City of Lubbock, all as more particularly
I,IJ appears in the said Contractual Agreement'hereinabove described, which is
attached hereto and hereby incorporated b reference for all purposes as though
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copied in full herein.
SECTION 2. THAT the City Secretary-Treasurer is hereby authorized and
directed to attest the Mayorts signature to said Contractual Agreement for right I'
of way utility adjustment affixing the seal of the City of Lubbock thereto.
Passed by the City Commission.this 20thday of December , 1962. I!;�
{
CK F. S IOJ G, Mayor
ATTES s
�' For roved
Lavenia Lowe, Cify Secretary-Treasurer City An „iy
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Texas Highway Department
Form D-15-43 '
Page of 2
CONTRACTUAL AGREEMENT
FOR
RIGHT OF WAY UTILITY ADJUSTMENTS
(CITY FORM)
STATE OF TEXAS COUNTY Lubbock
k PROJECT EW ' -2-2
COUNTY OF TRAV IS HIGHWAY Loop 289
AGREEMENT NO. U-2795
(To Be Completed By The State)
This agreement entered into this day of
by and between the State of Texas,ep ing by and through the Texas Highway Department,
hereinafter called the State, and Lubbock , Texas, acting by
and through its duly authorized offleial under dated 20th day of --
December , 19 62 ,
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 August 2 , 19 61 , has
asserted an interest in certain land* 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:
Revise,, remove and relocate electrical.facilities at various locations on the above
project as shown by the attached plans.
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 , 1959, 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.
• Owner
Upon execution of this agreement by the parties hereto the d3mgCwill,
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 inithe said work.
The Owner will carry out said adjustments, removals or relocations in accordance with
the plans attached hereto, and the ',c,osts paid ZW the == pursuant to this contract
to Owner
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D-15-43
Page 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 theXX=not
later than ninety (90) days after completion of the work. Owmr
Owner
The Ste, subject to the acquisition of such rights or interests as may be deemed necessary
along or across the Owner's interest in land, ZXXX agrees
to accept a lump sum amount of $5o% gx U4,228,32 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.
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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.
ITY OF Lubbock , TEXAS THE STATE OF TEXAS
Certified as being executed for
Y: the purpose and effect of activating
1`iayor 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
j „� � '✓ and approved for State Highway
Commission.
OWNER: RECOMMENDED FOR APPROVAL
By:
Title:
Date:
District Engineer
Examined and Recommended for Approval:
Right of Way Engineer