HomeMy WebLinkAboutResolution - 032565K - Utility Adjustment - Southwestern Public Service Co - Electric Lines Loop 289 - 03_25_1965 1VYY'Y'cAb
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
�7 directed to execute for and on behalf of the City of Lubbock a Utility Adjustment
' U-3820 for the 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.
J
Passed by the City Council this 25th day of March 1965.
MAX TIOACORE, Mayor
ATTEST'•
i
Lave 'a Lowe, ty ecretary-Treasurer
APPROVED:
—
Fred O. Senter, Jr., Attorney
xas- 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 I Mf 7 3-1-1
COUNTY OF TRAVIS HIGHWAY Loop_2.9
AGREEMENT I NO. U-3 20
(To Be Completed By The State)
This agreement entered into this 25th day of March
by and between the State of Texas, acting by and through the Texas Highway Department,
hereinafter called the State, and !r?bl,ock I Texas, acting by
and through its duly authorized official under 0 �s'c�ated Z�th day of
March , 19_§5 , hereinafter called the City, end 3ouWiwestern u= c
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, remova*l 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 Novsmher 13 , 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:
• Revise electric lines to clear proposed loon 289 Intersection ith U. S. Hwy, 62,
SW of Lubbock in Sections 6, Blk. E-2 and 37, Blk. ?,K, Lubbock County, Texas, and
crossing approx. Hwy. Engr. Sta. 191+40,
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 enteredllinto 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 eithor 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
r
-15-43
Page 2 of 2
shall be full compensation to the Owner for the cost:; 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.,$ 3,803.25 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 accompli::hed. 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 paym(:nt in this amount has been made to
the Owner.
It is expressly understood that this contract is sub;;ect 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 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
//f/11141
and approved for State Highway
Commission.
venia we, City ecre ary- reasurer
OWNER:Southwestern Public Service Company RECaTAENDED FOR APPROVAL
By:
Title:
Date:
District Engineer
Examined and Recommended for Approval:
Right of Way Engineer