The URL can be used to link to this page

Home My WebLink AboutResolution - 071163J - Contractual Agreement - Southwestern Bell Telephone Co - ROW Utility Adjustment - 07_11_1963 POs;lkm _RESOLUTION 0 I� i I A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTUAL AGREEMENT FOR RIGHT OF WAY UTILITY ADJUSTMENT, PROJECT RW 783-1-11# HIGHWAY LOOP 289, AGREEMENT NO.' U-3387, LUBBOCK COUNTY, BETWEEN HE CITY OF LUBBOCK AND THE STATE OF TEXAS; AUTHORIZING THE CITY SECRETARY-TREASURER TO, ATTEST SIGNATURE TO SUCH AGREEMENT AND AFFIX THE SEAL OF THE CITY OF LUBBOCK THERETO. ' 11 WHEREAS, :by virtue of certain Contractual Agreements between the State of Texas andthe City of Lubbock said City is responsible forlie acquisition of necessaiy ights of way for Highway Loop 289 including the acquisition of the rights owned by Mall utility companies or other owners of public utilities, having improvements within I'such right of way; End i WHEREAS, the City Commission finds that the removal and relocation of ,,certain telephone utility facilities belonging to Southwestern Bell Telephone Company} as been necessitated by the construction of said Highway Loop 289 and that the costal f adjustment of said utilities are within the terms of agreement contained in the, sa. Contractual A.greembnts between the City of Lubbock and the State of Texas; NOW THEREFORE: E 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 Contract i --�. Agreement for Right of Way Utility Adjustment, Agreement No. U-3387, Project i RW 783-1-1 Highway Loop 289 covering the relocation and the agreed payment there for of certain telephone utility facilities at various locations on the said project as shown by the plans attached to said Contractual Agreement, said telephone utility facilities being owned by the Southwestern Bell Telephone Company, all as more particularly appears in the said Contractual Agreement hereinabove described, whi its attached hereto and hereby incorporated by reference for all purposes as though }!copied in full herein. i� 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 this llth day of July 1963. I I i CK F: STRONG, Mayor ATTEST:` MAttwnvoy Lav nia Lowe, Ci Secretary-Treasurer COPY 1!{Ion N!!!!lT C, /l►IT,.J11- CNAIINAN A L 11'OO•W A., R4T'l MNIIIIYAI lNlfNlQ N TEXAS HIGHWXY DEPARTMENT. -- J. N. lYLT61k O. C. GIIE(R Lubbock, Texas 79408 ,i J 3 5s 1963 W REIN Il TO { FILE No. I I € I!' Utility ljuatme y_338 . I �f R bock IIICountT RW _ 78,3 I�1 to 89 OP i i Hz' John'! L Scott. IpW En gineer Cit of Lubbock y j City Ralf! Imbbock 79441 Dear Hr. Scott: Enclosed are fives) copies of Contractual of Way Utility Adjustments cove Agreement for Right Southwestern Bell Tale boas bo covering theapproved adjustment of p mP o facilities ea on the above �i Tease have these Contracts executed for th and 3outhtaestern Be ll Te a City Of Lubbock s Telephone COIIIPWW,, i bp receipt Of the prop er p p exe cu hY ted Cori recta, we will process for State execution and final approval. Yours ve ; f„ �! • r sin ?LIsWC:P:ba District Engineer District Five ' ;Enclosures I„ r I, i I1 #I i1 f€ � I� tiiglnay i 1'5-43 ! -I �, i r-.i ,-'. '. � I.;. . �If•, ^',II16..1't � u ((a'(!f : t• •V � s i41 4�`}�`'ijAit • « tYb ga is by The ,tste I «7 ►!a agr��t enter" into this llth day ofJnl �i3 � �rrr,rr by IaEd .between the dtate ,of lwa, so ag by and through the T ya Hi y Y PR?r�a°"tr, s k". iauc�strsf trelr called •the Stare, Glad ` . tegsa;, .ding by 4 ae�►iltrg4o�Its.duly auxhorlaed 'lay i+C a <under iisance dated lth i * .i9„�,., hisdiins ftar called the C i ty M-Ou& ■' out and tRroasgh its dulytuthox ,e+4 sptrntatw, ;rl. tsa r ea �' r aF I b is " -$tate and City he" rt vious ;to this date •nter�d :Into a 'coeitr ai i�graeing h to' u►e+dle bT aep rate contract 6 thq.adjustmeat1, renan't or retocetian of certa' I' ixtillty AIIIIIM� {tact titles,racessItated as� rssuit of hilltmay Improvement& an the is jest prod ett an {F y tfi l hs its of r`;p0detesmintd firm IDommih�snt for right of way; re ursestent apij, d ,by ;pf g � ftatleiAL si is tti an affidavit 19�; has : dated s ti a, � Interest in certain lard* nerd t this proposed ighaay iarprovemsnt Imi11 "q r the adjustment. removal or "location of certain facilities C tltiet Kier ictioNulE f °ll shah lands•as iadiestad in the following statement iof worts` IE r (� CabL arosedaE Ift,at • + a. '�; ��4.5 , .Abstr�ati 49 # (logo +Ir'$of*�� Cb. Ti Lebbv+�Y � z t n{ Ip h t r 4 4 ' { I n r *16*4tata and the City desire o 'dccompitsh ,the add [meat, remo�nl or ! lace ' s o f Imams utility facilities by'eAtsring ,into;`aa'I agr�ems' t with the *air, '� Y, 40 � r {{ , bye it `autuall agreed that this` contract ante d Int ti b4l�� y o I d+�to twaa I hereto i intended .to impl wsab And',of f ectuate 'th' terms eleu! rovit{il o I is t z. at of , 19 � ntered into between Atha I g i4 t ity#-es t pertains to right o way utility adjustme 'ts and ae C effec 'v`tiliCy Itacilitias of the Owner. tAL L' e�rectitition of this agreement by the parties:hereto the City will, by written >laotia, ; 0 rich the Owner to proceed with the necessary adjustment, removal or is'elocatiotti e��E r +e� bwnex agrees to prosecute uch work diligently to completion ,in rNuch laianner at 'TriiX' idt'. esult In avoidable interference or delayin either the Statetis hi coast tlon�, I gay . ' h the sold work. if!6 bmas will carry out said adiustmants, removals jor relocations In accordance with "fr I R plaids attached hereto,'and the goats paid by the City pursoant' to this contractij " r i " i Imp, Z a Z w s: 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 r later than ninety (90) days after completion of the work. t 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 $ 2s695•75 as full reimbursement for work covered by this contract, said reimbursement to be forthcomins 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. E 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 OCK �� 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 rereto£ore approved and authorized by Ithe" Stake.,Highway Commission: p ATTEST: By: Executed as State Highway Engineer lbw and approved for State Highway Commission. ' OWNER: Soutbwestern Bell Telephone Comp r RECOMMENDED FOR APPROVAL C By: TittEs V Dates District Engineer Examined and Recom-nended for Approval : Right of Way Engineer I i