HomeMy WebLinkAboutResolution - 121963D - Contract Agreement - Highway Dept - Right Of Way Utility Adjustment, Loop 289 - 12_19_1963 RESOLUTION
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTU L
AGREEMENT FOR RIGHT OF WAY UTILITY ADJUSTMENT, PROJECT RW 783» -J
HIGHWAY LOOP 289: AGREEMENT NO, U«3492, LUBBOCK COUNTY, BETWEE
r
.3 THE CITY OF LUBBOCK AND THE STATE OF TEXAS; AUTHORIZING THE CIT
SECRETARY-TREASURER TO ATTEST SIGNATURE TO SUCH AGREEMENT ANI
f 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
necessary 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
improvements within such right of way; and,
WHEREAS, the City Commission finds that the removal and relocation of
certain electrical utility facilities belonging to the City of Lubbock has been
necessitated by the construction of said Highway Loop 289 and that the cost of
adjustment of said utilities 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 qunituplicate the attached
Contractual Agreement for Right of Way Utility Adjustment, Agreement No. U-341 2a
Project RW 783-1-1 Highway Loop 289 covering the relocation and the agreed
payment therefor of certain electrical utility facilities at various locations on the
said project as shown by the plans attached to said Contractual Agreement, said
electrical utility facilities being owned by the City of Lubbock, all as more par-
ticularly appears in the said Contractual Agreement hereinabove described, whit
is attached hereto and hereby incorporated by reference for all purposes as thoug
copied in full herein.
SECTION 2. THAT the City-Secretary-Treasurer is hereby authorized an I
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 19th day of December , 1963.
1 y
K F. STRONG, Mayor- f
ATTEST:
�► .attorney
Lav nia Lowe, City Secretary-Treasurer {
i
Texas Highway Department
Fom, D-15-43
Jage 1 of 2
CCNTRACTUAL AGREEMENT
FOR
RIGHT OF WAY UTILITY ADJUSTMENTS
(CITY FORM)
STATE OF ,TEXAS I COUNTY Lubbock
' PROJECT - -
-COUNTY OF TRAYI$: HIGHWAY
i
Sop 287—
AGREEMENT NO. -
} (To Be Completed By The State
This agreement entered into this 199th day of December f 1963 ,
by and between the State of Texas, acting by and through the Texas Highway Department,
hereinafter called the State, and Lubbock , Texas, aching by
19th
and through its duly authorized official under dated day of
'. December, 63
19 , hereinafter afficy e
Owner
WHEREAS, the State and 03MVthave 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
i the basis of a predetermined firm committeent for right of way reimbursement approved by
the State;
WHEREAS, the Owner, in an affidavit dated October 24 , 19 6L_, 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:
Relocate electrical- facilities located in the Northeast 1/4 Section 5, Block B
and the North 60 acres in the Southeast 1./4 of Section 5, Block E, ,Lubbock, County,
on Loop 289 parallel to U. S. 87 from 66th Street to 79th Street and crossing Loop
289 at an approximate Zigbway Station 440+81.0.
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, .THEREFOIRE, 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.. , entered into between the State
and the City, as .it pertains to right of Way utility adjustments and as it effects the
t, utility facilities.of the Owner.
F Owner
Upon execution.of this agreement by the parties hereto the QJW will,
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 tesult 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 34 the pursuant to this contract
to Owner
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 XX=not
later than ninety (90) days after completion of the work. state
Owner
The- , 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 accept a lump sum amount of $59% of $1,677.58 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 XbO0000M upon receipt of
proper billing and certificate by thug[ that payment has been made 3M
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 WBBOCK TEXAS THE STATE OF TEXAS
, / t 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
and approved for State Highway
Commission.
OWNER: RECOMMENDED FOR APPROVAL
By:
Title:
Date:
District Engineer
Examined and Recommended for Approval:
Right of Way Engineer