HomeMy WebLinkAboutResolution - 112464D - Contractual Agreement - Southwestern Public Service Co - Loop 289 - 11_24_1964 BDS:kks -}
RESOLUTION
�f I BE IT.RESQLVED 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
Agreement between. the City of Lubbock, the State of Texas and Southwestern.
Public Service Company attached herewith 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 ? 24th day of November 1964.
MAX TIDIWORE, Mayor
ATTEST:.- _-.
Lav nia Lowe, C' y Secre ry-Treasurer
APPROVED:-
Fred O. Senter, Jr. '04ty Attorney
Texas Highway Department
Form D-15-43
Page 1 of 2 `
CONTRACTUAL AGREEMENT
FOR
RIGHT OF WAY UTILITY ADJUSTMENTS
(CITY FORM)
STATE OF TEXAS I COUNTY Lubbock
0 PROJECT 1W ? 3.-2-1
COUNTY OF TRAV IS .1 HIGHWAY Loop 2 9
AGREEMENT NO. U•-37 1
(To Be Completed By The State)
This agreement entered into this 24th day of November , 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 Ordinance dated 24th day of
November , 19 64 , hereinafter called the City, and Southwestern Public
Service Company , 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 September 10 , 19 &L 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:
Revise electrical lines to clear Loop 289 crossing of Fourth Street in Section 4,
Block 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 , 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
9
i
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 $ 1,99900 I 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 IUBBOCK , TEXAS THE STATE OF TEXAS
Certified as being executed for
BY: ✓� ,c ,1� 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.
W
OWNER: Southwestern Public Service Company RECOMMENDED FOR APPROVAL
By:
€ Title:
Date:
District Engineer
Examined and Recommended for Approval:
Right of Way Engineer
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