HomeMy WebLinkAboutResolution - 012865B - Utility Adjustment Contract U-3807 - THD - Electrical Facilities, Blk AK - 01_28_1965 ` MYT:bw
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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 Utility Adjustment
Contract U-3807 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 28th day of January 1965.
MA OR
ATTEST:
Lave a Lowe, Ci Secret ry-Treasurer
City 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 COUNTY Lubbock
PROJECT RW 783—1�-1
-COUNTY OF TRAVIS HIGHWAY
AGREEMENT NO.
(To Be Coinpleted By The State
This agreement entered into this 28th day of January , 196 ,
by and between the State of Texas, acting by and through the Texas Highway Department,
hereinafter called the State, and City of Lubbock , Texas, acting by
and through its duly authorized official under M ated 28th day of
January , 19 6L, ter-c- ter-
------------------------ -ae- -Git r-c+ta ------------------------
---------r-aot
hereinafter called the Owner.
Owner
WHEREAS, the State and G4-p 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 November 10 , 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 facilities in Sections 6, Blk. E-2, 37, Blk. AK Lubbock County,
Texas and being from approx. Engr. Sta. 175+00 to 200+000
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 Ctry will,—),--�xtearlcy
.a aogi -t- -Owr*e-i2-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 Jwz- the City pursuant to this contract
to Owner
f
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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-c--L y not
later than ninety (90) days after completion of the work. &Yer
Owner
The .GBsy, subject to the acquisition of such rights or interests as may be deemed necessary
along or across the Owner's interest in land, and the Owner agrees
to accept a lump sum amount of $ 50% of 4,1,876e16 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
.o trkie effect that such work has been fully accomplished. The State will reimburse the
7Ci ..4, asp.�e�se�-eq�aa�-�a-38-ger-eer:b-e�-e�rt- -papnre�E-�cr-fie•-Ourrer• upon receipt of
proper billing and certificate by the"e —tk&t--p ys�rnt-kTr thf�s �'iria..tasea-.s ane--�o
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.
Oit,TNER:
CITY OF LUBBOCK , TEXAS THE STATE OF TEXAS
Certified as being executed for
BY: the pu;pose and effect of activating
Edrm Approved Mayor and/or carrying out the orders,
established policies, or work programs
heretofore approved and authorized by
16iby Attorney the State .Highway Commission:
ATTEST By:
Executed as State Highway Engineer
LII�U /P
and approved for State Highway
Commission.
RECCHMENDED FOR APPROVAL
By:
Title:
Date:
' District Engineer
Examine and Recommende for Approval:
Right of Way Engineer