HomeMy WebLinkAboutResolution - 021463C - ROW Agreement -THD - Utility Adjustments, Loop 289 Project - 02_14_1963 RSL:lkm
RESOLUTION C�Z��63G
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTUAL
AGREEMENT FOR RIGHT OF WAY UTILITY ADJUSTMENTS,. PROJECT RW 783-k -1,
HIGHWAY LOOP 289, AGREEMENT NO. U-3131, LUBBOCK COUNTY BETWEEN
THE CITY OF LUBBOCK, THE STATE OF TEXAS, AND GENERAL TELEPHONE
COMPANY OF THE SOUTHWEST; AUTHORIZING THE CITY SECRETARY-TREAS-
URER TO ATTEST THE SIGNATURE TO SUCH AGREEMENT AND AFFIX THE
SEAL OF THE CITY OF LUBBOCK THERETO.
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 nece-
ssary rights of way for Highway Loop 289 including the acquisition of the rights
owned by all utility companies or other owners of public utilities, having improve-
ments within such right of way; and
WHEREAS, the City Commission finds that the removal and relocation of certail
telephone facilities belonging to General Telephone Company of the Southwest has
been necessitated 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
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 in quintuplicate the attached Con-
tractual Agreement For Right of Way Utility Adjustment, Agreement No. U-3131,
Project RW 783-1-1 Highway Loop 289 covering the relocation and the agreed
payment therefor of certain telephone facilities at various locations on the said
project as shown by the plans attached to said Contractual Agreement, said tele-
phone facilities being owned by the General Telephone Company of the Southwest,
all as more particularly appears in the said 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 Mayor's signature to said Contractual Agreement for right
of way utility adjustment affixing the seal of the City of Lubbock thereto.
Passed by the City Commission thisl4th day of ]P ft!M . 1963.
J K�FSTR01,TG, Mayor
ATTEST; ,
Lavenia Lo e, Cify Secre ary-Tr asurer `VAtne�
Texas Highway Department
Form D-15-43
Page 1 of 2
CONTRACTUAL AGREEMENT
FOR
RIGHT OF WAY UTILITY ADJUSTMENTS
(CITY FORM)
STATE OF TEXAS 0 COUNTY Lubbock
0 PROJECT HW 783-1-1
COUNTY OF TRAV IS 0 HIGHWAY Log 289
AGREEMENT NO. U-3131
(To Be Completed By The State)
This agreement entered into this 14th day of February , 19 63 ,
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 14th day of
February . 19 63 , hereinafter called the City, and General Telephone Company
of the Southwest , 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 August 6 , 19 62 , 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 relocate telephone facilities at the Intersection of Slide Road and 66th Street
and Loop 289 in Lubbock County, Texas at approx. Engr. Sta. 200+00.
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 damtary 7 , 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.
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-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 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 Owner's interest in land, agrees to pay the Owner and the Owner agrees
to accept a lump sum amount of $ 551.7o 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
City in an amount equal to 50 per cent of the lump payment to the owner upon receipt of
proper billing and certificate by the City 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 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: _
Executed as State Highway Engineer
h111;
and approved for State Highway
Commission.
OWNER: General Telephone Company of the Southwest RECOMMENDED FOR APPROVAL
By:
Title:
Date:
District Engineer
Examined and Recommended for Approval:
Right of Way Engineer