HomeMy WebLinkAboutResolution - 031264E - Contractual Agreement - Right Of Way Utility Adjustments - Section 11 Block E2 - 03_12_1964 BDA:jim
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock be and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock,, a Contractual Agree-
�UA. ment for The Right of Way Utility Adjustments with the State of Texas acting throug
the Texas Highway Department described in the attached Contract which shall be
spread upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully copied herein
in detail..
Passed by the City Council this 12th day of Larch , 1964.
CK Z*w ST ONC, Mayor
ATTEST
A rvv -
Laveni Lowe., City Secretary:L -Treasurer '
City AttornQy
i
-" Pit ors
14,
t
Texas—Highway Department
Form D-15-43
Page 1 of 2
CONTRACTUAL AGREEMENT
FOR
RIGHT OF WAY UTILITY ADJUSTMENTS
(CITY FORM)
STATE OF TEXAS COUNTY Lubbock
PROJECT Hod 7 3-1-1
COUNTY OF TRAVIS Q HIGHWAY Loop 269
AGREEMENT NO. U-354'
(To Be Completed By The State)
This agreement entered into this 12th day of March , 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 dated 12th day of
March , 1964 , hereinafter cafe
Owner
WHEREAS, the State and gliq 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 64 , 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 transm:Lssion facilities along Quaker & Indiana Aves. with the City of
Lubbock and crossing Loop 289 at approx. Hwy. Engr. Stas. 258+00 & 306+70 and also being
in Section 11, Blk. E-2, Lubbock County, Texas.
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 , 19-.52_, 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 837q[ 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 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 thelCxxr; 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 $ 0% of 04,668.35 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 on receipt of
proper billing and certificate by theme that payment has been made]p6
mac. 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 $(fig , T XAS THE STATE OF TEXAS
Certified as being executed for
BY: the purpose and effect of activating
't. 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:
1
j' Right of Way Engineer