HomeMy WebLinkAboutResolution - 022764C - ROW Utility Adjustment - Texas Highway Department - Sec 10, Block E-2 - 02_27_1964 f BJM;ks
73-2-64 7
RESOLUTION C�Z•�- 'V co
WHEREAS, the City Council of the City of Lubbock has found that due to
changed conditions, it is necessary to remove and relocate certain electi-lc
i. power lines located upon lands being used for highway improvements; and
Le
WHEREAS„ the City Council finds it to be in the public interest that
certain utility adjustments be entered into with the State of Texas Highway
Department to accomplish the purposes of road improvements,
NOW THEREFORE;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Mayor be and is hereby authorized to execute on
behalf of the City of Lubbock a right-of-way utility adjustment between the
City of Lubbock and the Texas Highway Department; said adjustment to occur
in Section 10, Block E-2, Lubbock County, Texas between approximately
Highway Engineer Stations 200+00 and 221+00 on Loop 289.
AND IT IS SO ORDERED.
Passed by the City Council this 27th day of February 1964.
JA K F, S R0 c Mayor —
ATTEST:
C
L�veni�a-Lo e, -------r
---Secrretaeta ry-Treasure
•
41tYr
ved
Attorney
r s-
-exzis ig.ttway Departaent ,
Fort, D-15�-43
1'ag2 1 of 2 ,
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CONTRACTUAL AGR1EEMENT i i
! RIGHT' OF 'WAY UTIL7'TY, ApJ1JSTMENTS �
fi
(CITY F0RM)
STATE OF TEXAS COUNTY Lubbock
PROJECT MT `18 --1-1
COUNTY OF TRAVIS HIGHWAY Loo 28
AGREEMENT NO. U-3547 Be Completed By The State)
This agreement entered into this 27th day of February , 19 64 ,
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'Pm° dated day of
19 , hereinafter ca e e
Nner
WHEREAS, the State and XbC*c 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 February 5 , 19_&_, 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:
Remove and relocate electric power lines in Section 10, Block E-2, Lubbock County..
Texas between approx.. Hwy. Engr. Stas. 200+00 and 221♦00 of Loop 289.
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 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.
Owner
Upon execution of this agreement by the parties hereto the will ,
proceed with the necessary adjustment, removal or relocation; and
the Oh-ner 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 mill carry out said adjustments, removals or relocations in accordance with
the plans attached hereto, and the costs paid�y thc=W pursuant to this contract
to 0:-rne r
a
D-1 5--4'.3
shall be full compensation to the Owner for the costs incurred in rucking suc,i adjustments,
removals or relocations. Bills for work hereunder shall be submitted to the E=qC not
later than ninety (90) days after completion of the work. State
Owner
The=Mq4 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 4C50% of §2,492.00 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 IEKZN= upon receipt of
proper billing and certificate by the Cthat payment I nmp=has been made XX
WMX)0M== 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 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 authori:�ed by
the State }iighway Commission:
ATTEST: By: _
Executed as State Highway Engineer
if/d and approved for State Highway
Commission.
OWNER: City of Lubbock RECOMMENDED FOR APPROVAL
By:
Title; hor
Date: � o
1
I District Engineer,
Examined and Recommended l or, Appx val.: � 11'
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