HomeMy WebLinkAboutResolution - 110564D - Contractual Agreement - General Telephone Co Of The Southwest - Utility Adjust - 11_05_1964 ti g7-10-l 1105-UqD
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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-
ment between the State of Texas, the General Telephone Company of the Southwest
and the City of Lubbock which is attached herewith and 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 5th day of November 1964.
MAX T DMOR , Mayor
ATTEST,,
01
:aveni Lowe; City-Be c re ary-Treasurer
APPROVED:--'
Fred O. Senter, Jr. , City Wrney
Appmwd
Ass, City A my
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 RW 7 3-2-1
-COUNTY OF TRAYIS HIGHWAY Loop 29.,.
AGREEMENT NO. U-371
,(To Be Completed By The State)
This agreement entered into this 5th day of November , 19-/._,
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 5th day of
November , 19�, 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 July' 13 , 190 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:
Relocation of telephone -toll facilities parallel to and North of F.M. 2255 and
crossing Loop 289 at approx. Engr. Sta. 169+55 in Section 1, Blk. J"S, 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 .? , 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 $ 61220*44 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 OF LUBBOCK , TEXAS THE STATE OF TEXAS
koz!:� {tea Certified as being executed for
B 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: Gev5gai Telaone Co. of the So thwest RECQMMENDED FOR APPROVAL
By:
X610 Title: 0MATINC VICE T
Date. OCT 2 7 1964
District Engineer
Examined and Recommended for Approval:
Right of Way Engineer