HomeMy WebLinkAboutResolution - 052765L - Water_Sewer Improvements - Panhandle Construction Co - Melonie Park Addition - 05_27_1965 . o5a� L
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RESOLUTION
Resolution accepting water and sewer system improvements for Lots
271 thru 322, Melonie .Park Addition
s' WHEREAS, the developers of Lots 271 thru 322, Melonie Park Addition
have complied with the provisions of the City of Lubbock Code, Chapter 34,
Article 2, by providing the water and sewer improvements for said addition in
accordance with paragraph 61 of said Chapter 34, and,
WHEREAS, the total utility cost to the developer is $15,558.71
with the improvements constructed by Panhandle Construction Company having a
value of $9,840.06 as determined by the unit prices established by said
Chapter 34, and $5,918.11 cash (engineering, wet tie-ins, paving repair,
difference in Pro Rata and actual cost) paid to the City, with Kastman
Development Co. , the developer, to receive a refund of deposit in the amount
of $199.46 and,
WHEREAS, the construction of the said water and sewer improvements
was performed under the supervision of the City Engineer and said improvements
have been completed in accordance with the City of Lubbock's plans and
specifications,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LUBBOCK:
1. That the improvements be and the same are hereby
r-• accepted as an integral part of the water and
sewage system of the City of Lubbock.
2. That a refund of deposit be made in the amount of $199.46.
3. This resolution shall take effect and be in force from and
after its passage.
PASSED AND APPROVED THIS 27TH DAY OF MAY, 1965.
Max Tidmore, Mayor
Atteste
Lavenia Lowe, Ci y Secreta
qTy
Approved:
0
ohn T. Hickerson, City Engineer
Ap ved:
Fred 0. Senter, Jr. , 'C' Attorney
OS:kks
RESOLUTION
E 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
�1 directed to execute for and on behalf of the City of Lubbock a Contractual Agreemen
or Right of Way Utility Adjustments on. Project RW 783-2-1, on Loop 289, Agree-
ment No. U-3927, 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 27th day of May 1965.
Vau"Q-ao_v��n�
T DMORE, Mayor
ATTES
Lavdnfii Lowe, Ci Secretary-Treasurer
APPROVED;
Fred O. Senter, Jr., it Attorney
t
Texas Highway Department
}� Form D-15-43
Page 1 of 2
CCNTRACTUAL AGREEMENT
FOR
RIGHT OF WAY UTILITY ADJUSTMENTS
(CITY FORM)
STATE OF TEXAS COUNTY LUBBOCK
PROJECT Rr'. 8 -2-
COUNTY OF TRAVIS HIGHWAY Loop 289
AGREEMENT NO. U-392
(To Be Completed By The State)
This agreement entered into this _ day of , 19 65 ,
by and between the State of Texas,,.act:ing 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 �,.,dated ------day of :.
g y , 19 65 , hereinafter ca edhe- tyj-aad--- y - --_-
--------------------------------- 4ts-44aly-a4jthor3oe4d-repreteaxax3�rQ-,
h�reirteftez called the Owner.
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 i 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 April 16 , 19 65 , 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 electric line at the intersection of Erskine Street, Quaker
Avenue and Loop 289 at Highway Engineers Station 137+46.6; and electric line
crossing Loop 289 at Highway Engineers Station 159+82.6.
WHEREAS, the State -end-ti f}•i-ty 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 coat of January 7 , 19 59 , entered into between the State
and the -Ci-t?r, 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 -Czity-will, -bywr-it`t:e==ort*c,_-,
evt�tai�e-tie- t-0 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,.y- the drlt-p pursuant to this contract
to Owner
r
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 -Gity not
later than ninety (90) days after completion of the work. State
Owner
The CA-L-yz subject to the acquisition of such rights or interests as may be deemed necessary
along or across the Owner's interest in land, agreer,
to accept a lump sum amount of $ 507. of $3,245.97 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
ere effect that such work has been fully accomplished. The Sta �� l�e�ee rw the
i y-3n-erg-emeunt-equal-to-3A-per+eent-a€-the4t=p-payment-to-the er-trp,= ewe -oi
proper billing and certificate by the C#ty-Cleat.-payment-i-rr-rkta-aiaamt-was-b�ezr-ura -Co
tie-Eharier. der that, payment has been made. r'
It is expressly understood that this contract is subject to cancellation by ei-t+rer- the
State ar-ei+c-Eity 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 e+tiier 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
EOC"' gPpr��ed heretofore approved and authorized by
jt 1 the State Highway Commission:
-ty Aftormy
ATTEST: By:
Executed as State Highway Engineer
and approved for State Highway
City of Cu6H�c►ry SecretaryTreasu Commission.
OWN'"`\ RECOMMENDED FOR APPROVAL
By: /
Title:
r" District Engineer
Examined and Recommended for Approval:
Right of Way Engineer