The URL can be used to link to this page

Home My WebLink AboutResolution - 011465B - Contractual Agreement - Highway Department - Right Of Way Utility Adjustments - 01_14_1965 BDS:kks 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 contractual agree- ments for right of way utility adjustments contracts U-3846 and U-3843 at- tached 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 14th day of January 1965. ORE, Mayor ATT La enia Lowe, ity Secretary-Treasurer APPROVED: Fred O. Senter, Jr. , Attorney Tgkas Highway Department Form D-15-43 Page 1 of 2 , CONTRACTUAL AGREEMENT FOR RIGHT OF WAY UTILITY ADJUSTMENTS (CITY FORH) STATE OF TEXAS COUNTY Lubbock PROJECT W 7 3-2-1 COUNTY OF TRAVIS HIGHWAY Loop 2S- AGREEMENT NO. U846 - +p , (To Be Completed By The State) This agreement entered into this 14th_ day of January by and between the State of Texas, acting by and through the Texas Highway Department, hereinafter called the State, and the City of Lubbock , Texas, acting by and through its duly authorized official under ndated 14th day of January , 19_9 hereinafter r called the Owner. Owner WHEREAS, the State and G=W 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 December 17 , 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: Adjust and relocate electrical transmission line along 34th Street in Survey 44# Block AK.1 Lubbock County$ Texas and crossing approx. Hwy. Engr. Sta. 35 1+29• 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 r9 , 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 ZXXF will, mrtidry 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 4 the =rp 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=zqCnot later than ninety (90) days after completion of the work. State O--vmer Thee 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 S-14 Of $1,029.Os 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 ti effect that such work has been fully accomplished. The State will reimburse the proper billing and certificate by the S= . 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 Ea¢' �e and/or carrying out the orders, established policies, or work programs Y �tto��y heretofore approved and authorized by the State Highway Commission: ATTEST: By: Executed as State Highway Engineer and approved for State Highway Commission. ER: RECOMMENDED FOR APPROVAL By: Title: Date: District Engineer Examined d Recommen for Approval: Right of Way Engineer • Texas Highway Department Form D-15-43 Page 1 of 2 ' CONTRACTUAL AGREEMENT FOR RIGHT OF MAY UTILITY ADJUSTMENTS (CITY FORM) STATE OF TEXAS COUNTY Lubbock j( PROJECT FU 8 --2-1 COUNTY OF TRAVIS 4 HIGHWAY Loop -289 AGREEMENT NO. U-38 (To Be Coinpleted By The State) This agreement entered into this 14th day of January , 19A5_, by and between the State of Texas, acting by and through the Texas Highway Department, hereinafter called the State, and the City of Lubbock , Texas, acting by and through its duly authorized official under pe dated 4th day of January , 19_, 1ae�e#ac€tes-ea e-G€tys-end------------------------ --------------------------...------�-aet�wg-�y-end-skreask-fbe-dts�y-ea�korttcd-rrpresentattre, hereinafter called the Owner. Owner WHEREAS, the State and G44y 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 December 1,5 , 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: Remove and relocate electrical power lines in Sections 9, Block J-S and 4, Block E-2., Lubbock Countys Texas and crossing Hwy. Engr. Stas. 127+20 and 129+870 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 ? , 19 59 , 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 thexftky will, hy_&=ittaa.szetiacr -cwtl�axi•ee-�k�e-•Aw�aer-fie 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 b* the•City 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=w not later than ninety (90) days after completion of the work. State Owner The X33*, subject to the acquisition of such rights or interests as may be deemed necessary along or across the Owner's interest in land,- --eee--ec--pay--bhe--Owner end the Owner agrees to accept a lump sum amount of $ 501'a of $1,381.74 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 t the effect that such work has been fully accomplished. The State will reimburse the b'�en-an-emetrnt-egrre�-ea-56-prr-rrrrt-+vf-t#e-luau•-�aysae: -Eo--art-E�+n�rtr upon receipt of proper billing and certificate by the-Ci-wy%oat- pa t•.3n•-this-amount- •io- the-6+►�ser. 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 sdch cancellation will not create any liability on either the part of the State or the City. OW13ER: CITY OF LUBBOCK , TEXAS THE STATE OF TEXAS al Certified as being executed for BY: the purpose and effect of activatin g Mayor 0*4 and/or carrying out the orders, n established policies, or work programs heretofore approved and authorized by the State Highway Commission: ATTEST: By: Executed as State Highway Engineer RZ&VIA111 and approved for State Highway 'Commission. OWN RECOKAENDED FOR APPROVAL By: Title: Date: District Engineer Examine and Recommende for Approval: Right of Way Engineer